Card Set Information

2012-10-03 15:35:17


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  1. Substantive Law
    the content or subject matter of a law
  2. Procedural Law
    concerned with the notice, hearing, and other procedures that are required before the life, liberty, or property of a person may be taken by the government
  3. Void for Vagueness
    protects people against unreasonable, arbitrary, or capricious laws or acts of government
  4. Two ways Pre-Arrest investigations are initiated
    • 9-1-1 call
    • on going surveillance
  5. Arrest
    • the action of taking a person into custody for the purpose of charging them with a crime
    • must have probable cause
  6. Field Stop/Detention
    temporary investigative detention
  7. Booking Process
    • an administrative process
    • photo taken
    • finger printed
    • medical history taken
    • person is searched again
    • paperwork is filled out
    • property get inventoried
  8. Initial Court Appearance
    • Lower level
    • Judge comtemplates flight risk
    • assigns court date
    • sets bond amount
    • critically reviews if there was probable cause for the arrest 
    • informs arrestee of rights
  9. Preliminary Hearing
    • Higher level judge
    • gathering of information
    • determine whether a crime was committed
    • determine whether the evidence is sufficient
    • existance of probable cause for arrest?
    • set bail
  10. Grand Jury
    • not trail jury
    • larger than trial jury
    • hear evidence and decide if there was probable cause
    • decide whether to endite or not indite
  11. Things to consider during a Jury Selection
    • defendant has right to have bench or jury trial
    • no jury trials in juvenial court
    • 12 members on a jury, can be as few as 6
    • get jurers from voter registration lists, DMV list and tax records
    • random sample sent summins to report for duty
    • jury interview and eliminations to select final 12
  12. Stages of a trial
    • opening statements: summary of what each side will do
    • presentation of evidence: call witnesses & experts
    • presentation of defense's case
    • rebuttal: introduction of new evidence
    • closing remarks: defense has last word
    • charging the jury: legal instrictions are given to the jury
  13. Sentencing
    • break is taken to think about trial
    • previous record of ciminal is taken into account
    • was the defendant cooperative or combative during the trial?
    • group offense -> level of involvement
    • crime done for profit or financial gain?
    • sentencing grid
  14. Pardon
    forgiveness for the crime that was committed
  15. Reprieves
    delays tht execution of a sentence
  16. Commutations
    reduces a sentence to a less severe one