Bring the Charge
What is an assert?
Use of legal authority to take away a person's freedom of movement. Generally made with an arrest warrant.
What are the 2 elements to allow a pat-down to happen?
1. Reasonable suspicion the person is armed and dangerous
2. Reasonable suspicion of criminal activity
A lawyer that represent a defendants who lacks money, will be represented by who?
A Public defender
What is an eye witness?
Is someone who observed the actual crime.
What is an offense?
An act or omission that is punishable by the criminal law.
What is the job of the Grand jury?
They decide whether there is enough evidence to issue an indictment, to formally charge a person.
What type of warrant is this: that authorizes law enforcement to conduct a search on a person, place, or automobile for the purpose of criminal evidence.
Search Warrant
What is an arraignment?
An Arraignment describes a defendant's first formal court appearance where they are told the charges against them, advised of their rights and asked to enter a plea.
This examination allows close ended questions?
Cross-examination
What does the Petit jury do?
They make the decision whether the defendant is guilty or not, the verdict must be unanimous.
What is a formal written document that charges someone with a crime? Usually issued by the grand jury.
Indictment
What is an arrest warrant used for?
It gives police the authority to take one accused of a crime into custody.
What is a bail reform?
Allows the elimination of cash bail and pretrial detention for most misdemeanors and nonviolent felonies.
What is it called when you knowing lie under oath?
Perjury
How does a victim impact statement impact the judges decision when making the final verdict?
It makes the judge/jury lean towards their argument due to the emotional statement.
This is a formal document charging someone with a crime. Filed by a prosecutor to start or continue a criminal case without a grand jury indictment.
information
What is a plain-view exeption?
Criminal procedure that allows an officer to seize evidence of a crime without a warrant when the evidence is clearly visible.
This is temporary pause of a court proceeding.
Adjournment
Why do people plead the 5th?
To prevent them from self-incrimination.
The judgment that a criminal defendant has not been proven guilty beyond a reasonable doubt, is called?
an Acquittal
What is the difference between an indictment and an information?
Indictment: is issued by a grand jury
Information: is issued by the prosecutor
What does the 4th amendment require officers to do?
It requires a police officer to make an arrest, do a search, or obtain a warrant.
What does a ROR allow to happen?
A question an attorney may ask that suggests that there is a right answer. What kind of objection is this?
A leading objection
What is the difference between an indeterminate sentence v.s a determinate sentence?
Indeterminate: The defendant is sentenced to a minimum and maximum jail time, like 3-6 years. The exact time depends on if the dependent behaves in jail and/or there following the sentence conditions.
Determinate: The defendant is sentenced for a fixed length of time like 5 years.