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What is criminal procedure?
The process followed by the police and the courts in the apprehension and punishment of criminals.
What are the three stages used in the criminal procedure?
before trial, during trial and after trial.
What is the procedure before trial?
- -Filing a complaint
- - Arrest
- -Initial appearance before a magistrate after the arrest (Arraignment)
- -Setting Bail
What is the procedure during trial?
- -The selection of jurors
- o Challange for cause
- o Peremtory challange
What is the procedure after trial?
- -Habeas Corpus
Procedural differences in Jurisdictions
- Application to felony cases
- Variation among states
- Variation within states
- Ideal vs Reality
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 .
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.
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
- 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.
Release on Recognizance (ROR) refers to:
The magistrate or judge may free the accused without monetary bail.
Defense motions pior to the veridct:
- Directed veridict of aquittal
The Veridct- Guilty or NOT Guilty
- Hung Juries
- Less-than-unanimous votes
- Not guilty
- Jury Nullification- Convicts of acquits despite the evidence and the veridict point in opposite directions.
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.
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.
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.