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Freedom of Speech, Religion, Press and Protest against Government
What is the First Amendment?
Circuit Court of Appeals
US Supreme Court
What are Federal Courts
Must be held within 24 hours of arrest if charged with bailable offense, defendant is advised of right to preliminary hearing, determine whether person is flight risk or danger to the community, PR bond, cash bond, surety bond
What is an arrest/bond hearing?
1776
The colonist declared independence from England
Threats
Physically interfering
Intoxication
right to indictment by Grand Jury, Double Jeopardy, self-incrimination, due process
What is the 5th Amendment
Magistrate Courts
Municipal Court
What are SC Courts
Probable cause hearing, the defendant has 10 days of the bond hearing
What is a preliminary hearing?
1788
Constitution was ratified and the Bill of Rights was proposed
Judge
Jury
Solicitor
Defense Attorney
Clerk of Court
Bailiff
Court Reporter
People in the courtroom during a trial
Search and seizure amendment. Has to have probable cause for a seach
What is the 4th Amendment
Makes the final determination as to whether laws are constitutional. Is the court of the las resort
What is the US Supreme Court
18 jurors, 12 must agree before there’s a “true bill” (we can go to trial), decide whether there is sufficient evidence to send defendant to trial
What is a Grand Jury?
1791
Bill of Rights was ratified
A petition asking the court to hear your case
Writ of Certiorari
right to a speedy and public trial, nature/cause of accusation, cross-examination, assistance of counsel
What is the 6th Amendment
Jurisdiction over all cases involving domestic matters and cases concerning the welfare or behavior of any child under the age of 18
What is Family Court
The defendant is advised of the change and their rights and may enter a plea. Guilty, nolo contendere (no contest; not fighting the charge), not guilty, no plea
What is an Arraignment?
1787
The President nominates candidates and the Senate confirms by majority vote candidates
How the US Supreme Court is picked
Any citizen charged with a crime will be given a fair trial that follows a defined procedure through the judicial system
Term and what Amendment
Due Process
14th Amendment
The fact of being prosecuted or sentenced twice for substantially the same offense
What is Double Jeopardy?
Not supported by the First Amendment
What are fighting words
Legislative
Executive
Judicial
What are the 3 branches of Government
The key points that the State bears the burden of proving
Elements of an Offense