The Road to Trial
This consists of formal arrest processing inclusive of filling out paperwork about who was arrested, time of the arrest, determining the offense involved and procedures to gain entry into the system.
What is booking.
The US Supreme case that established the foundation for an officer to stop and frisk a suspect is: Terry vs._______
What is Terry vs. Ohio.
What is the standard burden of proof in a preliminary hearing?
What is probable cause.
A chronological documentation that shows seized evidence has been preserved, analyzed, and handled properly refers to what term? ( 3 words )
What is chain of custody.
T/F...The preliminary hearing is to be distinguished from the initial appearance, the probable cause hearing, and the pretrial release hearing.
What is true.
Once arrested and booked, this is the appearance the suspect is then brought to; facing a magistrate or judge.
What is an initial appearance.
The right to a speedy and public trial is part of which Amendment.
What is the 6th.
This amendment provides the right of a defendant to confront their accuser.
What is the 6th.
T/F...A plea of nolo contende means "I do desire to contest the action".
What is false.
The right of those accused of crime to post bail while awaiting trial is protected by this amendment . . .
What is the 8th amendment.
This is one of several methods to release a defendant prior to his or her trial date. _________ release
What is a pretrial release.
This is the term for denying bail to certain defendants who are either too dangerous or pose a high flight risk - two words. _________detention
What is preventative detention.
A defendant must enter one of the three pleas in an arraignment, what are the three pleas?
What is guilty, not guilty, nolo contende.
A motion to obtain a fair trial for the accused; whereas, the trial is relocated to another court in a different county or geographical area.
What is a motion to change VENUE.
For juror selection what are the two types of challenges possible during Voir Dire?
What are challenges for cause and peremptory challenges.
This is one of many ways that the accused is released from detainment with the assumption - (based on their word only) - that he or she will show up for the next scheduled court hearings.
What is a release on recognizance.
I_________ are one of the most commonly used methods of discovery. They are written questions served by the opposing party that must be answered in writing as part of the discovery process.
What are interrogatories.
This is the process by which each party to a case learns of all of the evidence that the opposition will present.
What is discovery.
From the Mapp v. Ohio case, the rule governing the inadmissibility of unlawfully obtained evidence is known as this? The ______________rule
What is the Exclusionary Rule?
As a matter of due process, the prosecution has a constitutional duty to reveal all evidence they have against the accused to the defense; this is called e_________ evidence.
What is exculpatory evidence.
This is a business professional who will post the defendant's bail in exchange for a fee.
What is a bail-bond agent.
A ________(choices: DEPOSITIONS / SUBPOENAS / INTERROGATORIES) is an under oath, taped question and answer session (with your counsel) where the opposing counsel asks you questions to learn about your case.
What are DEPOSITIONS.
What percentage of cases are plea bargained (within five)?
What is an approx. 90%.
This refers to the period between the time when a crime was committed and when a prosecution could be initiated. Murder and other serious crimes do not have one.
What is a statue of limitations.
When an appellate court hears a case and agrees with the lower court decision, it _________(technical term) the original decision.
What is affirms.