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What is criminal procedure?
The process followed by the police and the courts in the apprehension and punishment of criminals.
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What are the three stages used in the criminal procedure?
before trial, during trial and after trial.
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What is the procedure before trial?
- -Filing a complaint
- - Arrest
- -Booking
- -Initial appearance before a magistrate after the arrest (Arraignment)
- -Setting Bail
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What is the procedure during trial?
- -The selection of jurors
- o Challange for cause
- o Peremtory challange
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What is the procedure after trial?
- -Sentencing
- -Appeal
- -Habeas Corpus
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Procedural differences in Jurisdictions
- Application to felony cases
- Variation among states
- Variation within states
- Ideal vs Reality
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What is a "summons" ?
a writ directed to the sheriff or other proper officer requiring that officer to notify the person named that he or she must appear in court .
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What is a bench warrant?
a "process issued by the court itself, or 'from the bench', for the attachment or arrest of a person; either in case of contempt, or where an indictment has been found, to bring in a witness who fails to obey a subponea.
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What are the 5 monponents of the miranda warnings?
- 1) You have the right to remain silent
- 2) Anything you say can be used against you in a court of
- law
- 3) You have the right to the presence of an attorney
- 4) If you cannot afford an attorney, one will be appointed for
- you prior to questioning.
- 5) You have the right to terminate this interview at any time.
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Release on Recognizance (ROR) refers to:
The magistrate or judge may free the accused without monetary bail.
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Defense motions pior to the veridct:
- Aquittal
- Directed veridict of aquittal
- Mistrial
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The Veridct- Guilty or NOT Guilty
- Hung Juries
- Less-than-unanimous votes
- Not guilty
- Guilty
- Jury Nullification- Convicts of acquits despite the evidence and the veridict point in opposite directions.
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Decision on "bingding over" ....
is used by some states on the prliminary hearing to determine if the accused will be binding over for a grand jury hearing.
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When a suspect has been charged, the prosecutor may file a _________________, which seeks a dismissal of the charges. This motion is almost always granted by the court.
-Nolle prosequi motion.
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Indictment vs. Information
Indictment is a written accusation of a crime filed by the grand jury and signed by the jury foreperson.
Information a criminal charge filed by the prosecutor without the intervention of a jury.
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