Criminal Justice, Ch. 10
Terms
undefined, object
copy deck
- first appearance
- informed of charges, may set bail/pretrial release
- pretrial release options
-
1)bail
2)deposit bail
3)release on recognizance (ROR)
4)conditional release
5)third party constody
6)signature bonds - grand jury
- makes sure there is enough evidence to bring a person to trial - filter out cases - 23 people
- indited
- a trial will happen
- preliminary hearing
- used instead of Grand Juries - another way to determine if there is probable cause to hold defendant for trial
- arraignment
-
first appearance - pleas are entered:
1)guilty
2)not guilty
3)stand mute
4)nolo contendere (no contest) - plea bargaining
- defendant, prosecutor, and court negotiate and agreement - reduces time for criminal case to be resolved
- ____% of cases are settled by plea bargaining
- 90
- What are some problems with plea bargaining?
-
-to severe
-rush to plea
-efficiency
-overcharging - What are some advantages of plea bargaining?
-
-reduces case load
-conviction rate goes up - What are the stages of a criminal trial?
-
1)trial initiation
2)jury selection
3)opening statements
4)presentation of evidence
5)closing statements
6)judge's charge to the jury
7)jury deliberates
8)verdict - What is rules of evidence?
- rules that govern evidence in a criminal trial
- adversarial system
- the two sides argue to convince judge and jury - supposibly the ture comes out
- inquisatorial system
- what other countries use - judge and jury ask questions
- factual guilt
- crime control - defendant is actually responsible for crime (hard to determine)
- legal guilt
- due process - prosecutor presents evidence to jusry that defendant is guilty
- Jury has to be.....
- unbiased and free of preconceived notions
- voir dire
- see say - jurors are questioned by both sides
- challenge the array
- jurors don't represent the community
- challenge the cause
- jurors can't be fair of impartial - unlimited
- peremptory challenges
- removes juror for no reason - limited to 6
- scientific jury selection
- using social science research to select members - such as surveys
- sequestered jury
- jurors have no contact with the public during trial
- hearsay
- anything not based on the personal knowledge of a witness
- direct evidence
- evidence that directly proves a fact
- circomstantial evidence
- evidence taht requires a judge/juror to draw conclutions
- real evidence
- physical material
- What is a problem with the jurt system?
- whether a juror can accurately determine the defendants guilt or innocents
- A juror has to be....
- unbiased and free of preconcieved notions
- challange the array
- jurors don't represent the community
- challange the cause
- jurors can't be fair or impartial - unlimited amount