Miranda Rights
If a suspect is in police custody, what must happen before the police can question them?
The suspect must waive their Miranda Rights.
What is Bail?
Possible answer: Bail is money or property given to the court to ensure an accused person returns for their trial; if they appear, it’s refunded; if not, it’s forfeited.
Name one advantage and one disadvantage of accepting a plea bargain for the defendant.
Advantage: The defendant may receive a lighter sentence and avoid the uncertainty and potential harsher penalties of a trial.
Disadvantage: The defendant may be pressured into pleading guilty, even if they are innocent, to avoid a more severe sentence.
The pretrial motions are filed by the defense attorney before the trial begins. Change this sentence to the active voice.
The defense attorney files the pretrial motions before the trial begins.
____________ means without means of communication.
incommunicado
1. What does the 5th amendment guarantee?
2. Which Miranda right(s) does it correspond to?
The Fifth Amendment guarantees, among other things, the right against self-incrimination, meaning that a person cannot be compelled to testify against themselves in a criminal case.
This right corresponds to the Miranda right that states, "You have the right to remain silent," as it protects individuals from being forced to speak in ways that could be self-incriminating.
Name 2 problems with the bail system.
Possible answers:
Name the three types of pleas in criminal cases (and explain what they mean)
The judge reviews the evidence during pretrial procedures to determine if there is enough basis for a trial. Change this sentence into the passive voice.
The evidence is reviewed by the judge during pretrial procedures to determine if there is enough basis for a trial.
In criminal trials in the United States, the burden of proof falls upon the ___________. This means that they must prove that the accused committed the crime. Similarly, in a criminal trial, the standard of proof is ______________ a ______________ ________________. This means that the judge or jury must be almost entirely certain that the defendant committed the crime because the evidence offers no other logical explanation or conclusion.
prosecution / beyond a reasonable doubt
1. What does the 6th amendment guarantee?
2. Which Miranda rights does it correspond to?
1. The Sixth Amendment guarantees the right to a fair and speedy trial, the right to an impartial jury, the right to be informed of criminal charges, the right to confront witnesses, and the right to legal counsel.
2. This corresponds to the Miranda right that states, "You have the right to an attorney. If you cannot afford an attorney, one will be provided for you." This ensures that individuals have access to legal representation during criminal proceedings.
1. What can you do if you can't afford to pay your bail?
2. What is it called if you don't appear in court after receiving help to post bail?
1. Either wait in jail or seek a bail bond, where a bondsman pays the bail for a fee (typically 10% of the bail amount).
2. If you get a bail bond and fail to appear in court, the bail bond company is responsible for paying the full bail amount. The company may then hire a bounty hunter to locate and apprehend you.
What's the difference between a misdemeanor and a felony?
A misdemeanor is a less serious crime punishable by less than one year in jail, while a felony is a more serious crime punishable by over a year in prison or more severe penalties.
Prepositions!
The defendant was charged ______ theft following the pretrial investigation. The defense attorney filed a motion in favor _______ reducing the bail amount before the pretrial hearing.
with, of
To __________ is to decide that a ruling/decision is wrong and change it, while to maintain a verdict is to ____________.
Overturn / Uphold
Briefly describe what happened in the Miranda v Arizona case (1966).
Possible answer: The Miranda v. Arizona case (1966) involved Ernesto Miranda, who was arrested and confessed to a crime without being informed of his right to remain silent or have an attorney present during interrogation. His confession was used as evidence, leading to his conviction. The U.S. Supreme Court ruled that suspects must be informed of their rights (now known as "Miranda rights") before police questioning, ensuring protections under the Fifth and Sixth Amendments.
What factors does a judge consider when setting bail?
Judges consider factors such as the severity of the crime, the defendant’s criminal history, flight risk, and ties to the community.
In a robbery case, the defendant might plead guilty to a lesser charge of theft, and in return, the prosecution agrees not to mention that a weapon was used during the crime, which could lead to a harsher sentence. This is an example of _________________.
Fact bargaining
Complete this phrase in the first conditional:
If the defendant ________(plead) not guilty, the case ___________ (proceed) to trial.
pleads, will proceed
During the __________, the detective was accused of using __________ to pressure the suspect into confessing. The suspect claimed that the intense questioning, also known as the __________, made him feel trapped and intimidated.
interrogation, coercion, third degree
What potential problems arise when children are read their Miranda rights?
Possible answer: Minors often lack the maturity and understanding to fully comprehend these rights and their implications. This can lead to children waiving their rights without understanding the consequences, making them vulnerable during police interrogations. Courts have increasingly recognized this issue, and in some cases, additional protections or considerations are applied for juvenile suspects to ensure their rights are truly understood and upheld.
What is the difference between bail and release on recognizance bond?
Bail requires payment or collateral to secure release, while release on recognizance allows a defendant to be released without payment, based on their promise to appear.
What are the three possible areas of negotiation in plea bargaining?
Complete this sentence in the second conditional: If the defendant ______(have) more evidence, they _________(can) request a dismissal of the charges during pretrial procedures.
had, could
At her __________, Sarah stood before the judge, facing charges of grand theft. Her defense attorney argued that she should be granted a __________, given her clean criminal record and strong family support in the area. However, the prosecution raised concerns, labeling her a __________ due to her recent trip abroad and an uncertain address.
arraignment, personal recognizance bond, flight risk