Complaint
sworn written statement addressed to a court or judge by the police, prosecutor, or individual alleging that an individual has committed an offense and requesting indictment and prosecution
Arraignment
initial trial court appearance, at which the accused is read the charges, advised of his or her rights, and asked to enter a plea
Legal Right to Bail
8th Amendment
Purpose of Bail
is to ensure the return of the accused at subsequent proceedings
Making Bail Depends on
crime type, flight risk, dangerousness, probation/parole status
Police Field Citation Release
arresting officer releases the arrestee on a written promise to appear in court made at or near the actual time and location of the arrest
Police Station House Citation Release
determination of an arrestee's eligibility and suitability for release and the actual release of the arrestee are deferred until after he or she has been removed from the scene of an arrest
Police/Pretrial Jail Citation Release
determination of an arrestee's eligibility and suitability for citation release and the actual release of the arrestee are deferred until after her or she has been delivered by the arresting department to a jail or other pretrial detention facility for sc
Pretrial/Court Direct Release by Pretrial Bail Program
streamline release processes and reduce the length of stay in detention, pretrial program courts may authorize pretrial programs to release defendants without direct judicial involvement
Police/Court Bail Schedule
arrestee can post bail at the station house or jail according to amounts specified in a bail schedule
Full Cash Bail
defendant pays the full bail amount out of pocket
deposit Bail
defendant deposits a percentage of the bail amount, typically 10 percent, with the court, deposit is returned at court
Surety Bail
most common, defendant pays percentage of bail to a bonding agency, who then posts full bail
Conditional Bail
released after promising to abide by some specified conditions in lieu of cash
Unsecured Bond
defendant is released with no immediate requirement of payment
Release on Recognizance
eligible defendants are released without bail upon their promise to return for trial
Pretrial Detention
not eligible for bail, more likely to be convicted
Jails as Weakest Link
better ways to do it - no budget though
dangerous, harmful
Bail Reform
criticized, works against the poor, legal effect of detention
Release on Recognizance
have ties to the community, making them more likely to show up
Preventive Detention
statutory authorization to deny bail to a particular individual who is considered dangerous or a flight risk
Avertable Recidivist
person whose crime could have been prevented if he or she had not been given discretionary release and instead had been kept behind bars
Pretrial Purpose
to determine which defendants can safely be released on bail pending trial
3 Parts of Pretrial
gather & verify information about arrestees, assess likelihood of failure to appear/arrest, provide supervision for defendants
Exculpatory Evidence
all information that is material and favorable to the accused defendant because it casts doubt on the defendant's guilt or on the evidence the government intends to use at trial
Preliminary Hearing
hearing before a magistrate to determine whether the government has sufficient evidence to show probable cause that the defendant committed the crime
Indictment
written accusation returned by a grand jury, charging an individual with a specified crime after determination of probable cause
true bill
action by a grand jury when it votes to indict an accused suspect
no bill
action by a grand jury when it votes not to indict an accused suspect
Grand Jury Characteristics
indictment, grand jury makes decision, defendant is not present, true/no bill, secret/closed
Preliminary Hearing
information, judge makes decision, defendant is present, accept/reject information, no double jeopardy, open/public
information
formal charging document, similar to an indictment, based on probable cause as determined at a preliminary hearing
presentment
report of a grand jury investigation, which usually includes a recommendation of indictment
Waiving the Preliminary Hearing
already decided to plead guilty, wants to speed up the criminal justice process, hopes to avoid the negative publicity that might result from the hearing
arraignment
defendant informed of charges, constitutionally guaranteed, appoint counsel, bail arrangements, enter plea
Nolo Contendere
plea of "no contest" - the defendant submits to sentencing without any formal admission of guilt that could be used against him or her in a subsequent civil suit
If Guilty
must be informed of possible sentence, allocution, followed by sentencing
Plea Bargaining Gets
reduction of charges and number of counts, recommendation of leniency, alteration of charges (assault instead of rape)
Pros of Plea Bargaining
Administrative efficiency of the courts is greatly improved, costs are diminished, prosecution can devote more time to more serious cases, defendant avoids possible detention and an extended trial, resources can be devoted more efficiently to cases that n
Cons of Plea Bargain
defendants waive constitutional right to trial, allow dangerous offenders to receive lenient sentences, danger that an innocent person will be convicted of a crime, prosecutors are give a free hand, innocent persons will admit guilt,
Causes of False Confessions
duress/coercion. intoxication/diminished capacity/mental impairment, ignorance of the law, threat of a harsh sentence
Frye Case
effective assistance of counsel
Role of Prosecutor in Plea Bargaining
discretionary tool, few limitations, considerations
Considerations of Prosecutor in Plea Bargain
seriousness of the crime, attitude of the victim, strength/admissibility of evidence, applicable sentencing provisions
Discretionary Tool
deciding whether to initiate a criminal prosecution, determining, the nature and number of the criminal charges, and choosing whether to plea bargain a case and under what conditions
Role of the Defense Counsel in Plea Bargain
advisory, explanatory, informative
Role of the Judge in Plea Bargaining
approval or disapproval of the plea agreement
The Victim and the Plea Bargaining
should have no role, but some prosecutors are saying the victim should have a role in it
Safeguards Against Coercion
judge questions defendant, defense counsel is present, prosecutor and the defense attorney openly discuss the plea, full and frank information about the defendant and the offenses is made available at this stage
Pretrial Diversion-Prosecutor's Role
plays central role - decisions about nondispositional alternatives are based on the nature of the crime, special characteristics of the offender, whether the defendant is a first-time offenders, whether the defendant will cooperate with a diversion progra
Pretrial Diversion-Net Widening
critics say that people placed in diversion programs are the ones most likely to have otherwise been dismissed after a bief hearing with a warning or small fine, diversion actually increases contact with the system
Competency
mental, need to be able to understand the nature of the legal proceedings against you
Compulsory Process
compelling the production of a witness or evidence via subpoena
6th Amendement
right to confront witness (cross examine), right to impartial jury, public trial
Impartial Jury
not absolute, can be voluntarily waived if before 6 months
To be Guilty
must be beyond a reasonable doubt that they are guilty
Process of Trial
jury selection, opening statements, prosecution's case, criminal defense, closing arguments, instructions to the jury, deliberation/verdict, sentence, appeals