Cases
what court case states that the function of a jury is to "guard against the exercise of arbitrary power"
Duncan v. Louisiana
what is a charge made before a law enforcement/judicial officer alleging the commission of a criminal offense
Complaint
what is a group of prospective jurors that are assembled according to procedures established by law
Venire
out of the different types of sentences (sanctions, probation, jail, prison, death) which one is not mutually exclusive
death
as long as a particular procedure is not required by what, states do not have to use it
U.S Constitution
what case states that when a defendant pleads guilty, there needs to be a record that shows that the plea was voluntary and the accused has full understanding of the consequences
Boykin v. Alabama
what % of arrests are made without a warrant
95%
why is the prosecution given two presentations for final argument
what is a fixed sentence
specific type and length of sentence imposed by law
why do differences in procedures among states exist
because of preferences and long standing practices of jurisdictions
what case states that a guilty plea is not invalid because the defendant dose not admit guilt or continues to assert innocence
North Carolina v. Alford
what are the three reasons a Preliminary hearing is held
1) Determination of probable cause
2) Discovery
3) Decision on binding over
in sensational/high-profile cases
what is the Supreme Courts practice of accepting an appealed case
rule of four: 4 out of 9 Court members vote to accept a case
what is a felony
a crime punishable by death or imprisonment in a state prison
what cases states that once the trial court accepts a guilty plea that came about because of a plea bargain, the defendant has a right to have the bargain enforced
Santobelle v. New York
what is a nolle prosequi motion
a motion seeking dismissal of charges
when dose jury nullification take place
1) when jury sympathizes with guilty defendant
2) when the law is controversial/morally debatable
what is it called when the decision of the lower court is upheld on appeal
affirmation
what is a misdemeanor
a crime usually punishable with jail time or other non-prison penalties
what case states that detention of a suspect for 48 hours without probable cause hearing is presumptively reasonable
County of Riverside v. McLaughlin
what are the four different types of pleas a defendant can make
1) Nolo Contendere
2) Not Guilty
3) Guilty
4) Not Guilty by reason of Insanity
what is a challenge for dismissal of a potential juror for reasons that do not need to be stated
peremptory challenge
Habeas corpus
what are some examples of misdemeanors
theft of small amounts, assaults resulting in minor injuries