Police illegally enter Serge's house looking for a stolen TV. They do not find the TV, but they do observe a pawn ticket. Leaving the ticket where they find it, the officers go to the pawn shop where they observe the TV and seize it. Serge is prosecuted f
motion to suppress evidence
definition - motion to suppress evidence
control and refrain from showing, having evidence taken out of a case, pretrial motion usually made by the defense to keep some info out of trial and away from juror
A Judge may consider this when considering a motion to change venue location of a specific trial.
the community's hostility
definition - motion to change venue
the request to change the location of a trial to avoid community hostility, for the convenience of a witness, or for other reasons
definition - hostility
unfriendliness; hatred; enmity; ADJ. hostile
What does it mean if a judge releases a defendant on personal recognizance?
the defendant has adequate ties to the community and can be expected to return to court
definition - personal recognizance
a release for legal custody based on a defendant's promise to show up for trial
In a grand jury proceeding....
the prosecutor does not need to present all of the evidence the state has at this proceeding.
evidence
supporting materials used to prove or disprove something
definition - grand jury
group of 16 to 23 people charged with determining whether there is sufficient cause to believe that a person has committed a crime and should be made to stand trial
definition - indictment
a formal charge by a grand jury
The following is an argument in support of pretrial release.
It reflects the American judicial system's presumption of innocence.
definition - pretrial release
the release of an accused person from custody, for all or part of the time before or during prosecution, upon his or her promise to appear in court when required
In many cases the ____________________ and the defense enter into plea bargains.
prosecutor
definition - prosecutor
the state or federal government's attorney in a criminal case
The ____________________ is not required to accept a plea bargain worked out by the parties.
judge
definition - judge
a public official authorized to decide questions bought before a court of justice
definition - plea bargaining
in exchange for the defendant agreeing to plead guilty, the prosecutor agrees to charge the defendant with a less serious crime, which usually results in a lesser punishment
The ____________________ may be allowed to take fingernail clippings, handwriting specimens, or blood samples from the ____________________ at booking.
police, defendant
definition - defendant
a person or institution against whom an action is brought in a court of law
The ____________________ prepares an information in misdemeanor cases.
prosecutor
A judge will not accept a plea bargain if the ____________________ does not fully understand and voluntarily enter the plea.
defendant
formal charge of criminal action
indictment
group of people charged with determining whether there is sufficient cause to charge a person with a crime
grand jury
money to secure a person's return to court for further hearings
bail
court hearing in which defendant enters a plea
felony arraignment
plea in which the defendant does not admit guilt but does not contest the charges
nolo contendere
forces the defense counsel and prosecutor to discuss the relative strengths and weaknesses of their cases
judges
in weak cases, still get a conviction, even if to a lesser crime
prosecutors
receive some favorable benefits (reduced criminal charge, lower penalty, etc.)
defendants
have very high caseloads and rely on defendants to plead guilty in order to be able to handle their work
prosecutors
may have high caseloads too
defense attorneys
is less expensive (for those who pay for their own counsel) and is less time-consuming
defendants
may feel pressured to accept a plea bargain
defendant
as elected official, may feel that the public unfairly blames him or her for "deals" made by the prosecutor
judge
may not obtain the benefit he or she expected from the plea bargain
defendant
may come to believe that the system is unfair and his or her attorney is incompetent
defendant
as elected official, may be strongly criticized by public for plea bargaining, especially in notorious cases
prosecutor
may come to believe that the criminal justice system is not about justice, but about dealmaking
defendant
may negotiate a plea arrangement that the judge does not accept, which results in the client pleading guilty and not obtaining the benefit expected
defense attorney
arrest
taking a person into custody to hold for criminal charges
booking
formal process of making a police record
fingerprinting and photographing
getting identification of the accused by taking fingerprints and pictures
initial appearance
a hearing in which the judge explains the defendant's rights and advises him or her of the exact nature of the charges. The judge also appoints a lawyer or gives the defendant an opportunity to obtain one. In misdemeanor cases, the defendant will enter a
pretrial release
release of a person after paying bail or being released on his or her promise to return to court. (may occur at initial appearance; see prior answer)
arraignment
in felony cases, the hearing at which the defendant enters a plea
pretrial motions
requests for a court to make a ruling or take some action
plea bargaining
process of negotiation between the prosecutor and the accused through the defense attorney