From Arrest and Bail through Arraignment
This act triggers the first steps in the CJ process
Arrest
Right provided by the Fifth Amendment
Right against self-incrimination
Process of defense and prosecution coming to an agreement which requires the defendant to plead guilty to charges in exchange for a more lenient punishment
Five philosophies for sentencing
Retribution; Deterrence; Rehabilitation; Incapacitation; Restoration
Translation of habeas corpus
"you have the body"
Forms of bail
Release on recognizance; Cash bond; Property bond; Bail bond
Definition of discovery
The informal and formal exchange of information between the prosecution and the defense
Types of plea bargaining
Charge; Count; Sentence
Sanity and innocence
Name of the party who lost in the lower court and is filing an appeal
Appellant
Stage at which most misdemeanor defendants enter a guilty plea
Initial appearance
Terry v. Ohio is related to this practice
Stop and frisk
Potential risks of going to trial
Harsher sentence; Cost; Increased stress
Steps in summoning jurors
Four significant Court eras
Warren; Burger; Rehnquist; Roberts
Legal judgments; Policy priorities; Personal standards of justice
This prohibits the prosecutor from using illegally obtained evidence during a trial
The exclusionary rule
What is an allocution hearing?
Hearing where defendant must provide the facts of each charge attached to the plea agreement
Sentencing responsibility of each of the three branches of government
Legislative: Creates sentencing guidelines
Judicial: Hands out sentences
Executive: Determines how much of sentence will be served
Major event that resulted in habeas restrictions
OKC bombing
Purpose of grand juries
Determine the presence of probable cause for prosecution
The four doctrines associated with the fruit of the poisonous tree
Good faith; Independent source; Inevitable discovery exception; Attenuation
This supreme court decision requires that judges ensure that a defendant is voluntarily accepting a plea agreement
Boykin v. Alabama
Name of challenges to jurors that do not require reasons
Peremptory
Differences between appeals and postconviction remedies
Postconviction: filed only in custody; focus on constitutional defects; broader than appeals