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Change of venue?
A defendant may ask to seek a “change of venue” on grounds that the people of the locality are so prejudiced in the case that an impartial jury cannot be drawn.
Subpoena?
To legally summon, order to appear. To have the assistance of counsel for a defense.
8th amendment?
Excessive bail shall not be required, nor excessive fines imposed.
Cruel/unusual punishment?
The supreme court decided its first cruel and unusual case in 1879 in wilkerson V. Utah. There, a territorial court had sentenced a convicted murderer to death by a firing squad.
Capital Punishment?
Laws provided for capital punishment is the death penalty , which dates all the way back to the colonial period. The federal government and 35 states apply this.
Trial by Jury?
The 6th amendment also says that a person accused of a federal crime must be tried “by an impartial jury.” This guarantee reinforces an earlier one set out in the constitution, Article 3, section 2.
what is Adequate defense?
every person accused of a crime has the right to the best possible defense that circumstances will allow.
miranda rule?
the requirement that police must read a suspect his or her rights before any questioning occurs. The supreme court is still refining the rule on a case-by-case basis. Most often the rule is closely followed.
Preventive Detention?
In 1984, Congress provided for the preventive detention of some people accused of federal crimes. A federal judge can order that the accused be held, without bail, when there is good reason to believe that he or she will commit another serious crime before trial.
Two stage approach?
founded to be constitutional in Gregg V. Georgia,1976. There, the court held for the first time that the “punishment of death does not invariably violate the constitution”.
Speedy & public trial?
he guarantee of a speedy trial is meant to ensure that the government will try a person accused of crime within a reasonable time and w/o undue relay.
what is a bench trial?
Means a judge alone hears the case
self incrimnation?
The guarantee against self incrimination is among the several protections set out in the 5th amendment.
Bail
the sum of money that the accused may be required to post as a guarantee that he or she will appear in court at the proper time is called bail.
Treason?
Says Article 3, section 3, can consist of only two things: either, levying war against the united states, or adhering to their enemies, giving them aid and comfort. The law of treason covers all citizens of the United states, at home or abroad, and all permanent resident aliens.
what is ex post facto law?
a law applied to committed before its passage. Ex post facto is from the latin meaning “after the fact”. Also known as a criminal law–one defining a crime and/or providing for its punishment. It works to the disadvantage of the accused.
what is grand jury?
The formal device by which a person can be accused of a serious crime–that is, any offense for which the punishment is death or imprisonment. In federal cases, it is a body of from 16 to 23 persons drawn from the area of the district court that it serves.
what is a indictment?
A formal complaint that the prosecutor lays before a grand jury. It charges the accused with one or more crimes. If the grand jury finds that there is enough evidence for a trial, it returns as a true bill of indictment. The accused person the will be held for prosecution.
what is presentment?
Formal accusation brought by the grand jury on its own motion, rather than that of the prosecutor. It is rarely used in federal courts. A grand jury proceedings are not a trial. Since unfair harm could come if they were public, its sessions are secret.
what is Double Jeopardy?
The 5th Amendments guarantee against double jeopardy is the first of several protection in the bill of rights especially intended to ensure fair trials in the federal courts. Fair trials are guaranteed in state courts by the provisions in each states constitution.
What is Habeas Corpus
It is a court order directed to an officer holding a prisoner.
what are bills of attainder?
is a legislative act that provides for the punishment of a person without a court trial
what happened during the Miranda V. Arizona case?
A mentally challenged man, Ernesto Miranda, had been convicted of kidnapping and rape. Ten days after the crime, the victim picked Miranda out of a police lineup. After two hours of questioning, the supreme court ended up striking down on miranda’s conviction. Most importantly, it was said that it would no longer uphold convictions in cases in which suspects had not been told their constitutional rights before police questioning.
cruel and unusual punishment?
The supreme court decided its first cruel and unusual case in 1879 in wilkerson V. Utah. There, a territorial court had sentenced a convicted murderer to death by a firing squad. The court decided this punishment was not forbidden by the constitution.
what is two staged approach?
founded to be constitutional in Gregg V. Georgia,1976. There, the court held for the first time that the “punishment of death does not invariably violate the constitution”.