Chapter 12 & 13 Vocab
Probable Cause
A reasonablle belief that a specific person has committed a crime.
What four steps in the Criminal Justice process usually come after the crime occurs? (IN ORDER!!!!!)
2. Investigation
3. Arrest
4. Booking
5. Charges brought
Nolo contendere
A plea in which the defendant does not admit guilty but does not contest the charges.
Booking and initial appearance
Right to trial by jury
The right to jury trial in criminal caes is guaranteed by the Sixth Amendment int he U.S Constitution and is applicable in all federal and state courts. Defendants can waive their right to a jury trial and instead have their cases heard by a judge in a bench trial.
Bail
An amount of money that an arrested person puts up in order to be released from jail while waiting for trial.
What are the next five steps?
6. Preliminary proceedings, Bail, Indictment/information, Appointment of counsel
7. Arraignment, case preparation, pretrial motions
8. Jury selection and trial, pretrial motions
9. Conviction
10. Presentence information, sentencing
For-cause & peremptory challenge
A for-cause challenge is a lawyers request to have a potential juror eliminated for specific reason.
A peremptory challenge is a lawyers request to have a potential juror eliminated for no specific reason.
Bail and pretrial release
Bail is an amount of money that an arrested person puts up in order to be released from jail whilst awaiting trial. If you fail to return for trial, the court keeps your money. To obtain money you could contact a bond company in exchange for a small fee. To be eligible for pretrial release you must be considered a low risk of failing to return for trial.
Right to speedy and public trial
The Sixth Amendment in the U.S Constitution provides a right to a speedy trial in all criminal cases.
Personal Recognizance
The defendant must promise to return and must be considered a low risk of failing to show up for trial.
What are the possible outcomes of the tenth part of the process?
Outcome 1: Appeal
Outcome 2: Incarceration
- Community Corrections, Jail, or prison
Outcome 3: Supervised probation, home confinement
Outcome 4: Fine, resitution
Suspended sentence
Conditionl treatment
Unsupervised probation
Outcome 5: Parole
NOT IN ORDER!!
Subpoena
A court order requiring a witness to appear in court to testify.
Preliminary hearing
A preliminary hearing is a screening process used in felony cases to decide if there is enough evidence to require the defendant to stand trial.
Right to compulsory process and confront witness
Defendants in criminal cases have a right to compulsory process for obtaining a witness. This means that the defendant can get a subpoena; a court order requiring a witness to appear in court to testify.
Exclusionary Rule
A rule that states that evidence illegaly seized by law enforcement officials cannot be used to convict the accused at trial.
What are the possibilities of the first four steps?
2. No arrest
3. No charges
4. Diversion
Presentence report
This contains a description of the offense and sets out the circumstances surrounding it.
Felony Arraignment and pleas
After an indictment is issues, the defendant must appear in court to enter a plea. If the defendant pleads guilty the judge will set a date for sentencing. If the defendant pleads not guilty the judge will set a date for trial and ask whether the defendant wants a jury trial or a trial before a judge alone.
Freedom from self-incrimination
Freedom form self-incrimination means that you cannot be forced to testify against yourself in a criminal trial.
Preliminary Hearing
A screening process used in felony cases to determine whether there is enough evidence to require the defendant to stand trial.
What are the possibilities of the last five steps?
5. Not bound over, no indictment
6. Dismissal/acquital
7. GUILTY PLEA.
8. Conviction (Going to happen anyway)
9. Exit and go home :)
Aggravating and Mitigating circumstances
Aggravating circumstances are factors that suggest the defendant deserves a more severe punishment.
Mitigating circumstances are factors that suggest the defendant deserves a less severe punishment.
Plea bargaining
INvolves granting certain concessions to the defendant in exchange for a plea of guilty.
Right to an Attorney, Criminal Appeals
The Sixth Amendment provides that "in all criminal prosecutions, the accused shall enjoy the righ to...have the Assistance of Counsel for his defense." At one time, this meant that, except in capital cases, a defendant had the right to an attorney only if he or she could afford one.
If the jury reutrns with a 'not guilty' verdict, this is normally the end of the case. The state/prosecution cannot appeal after the defendant has been aquitted of the offenses for which he or she was tried.