Part 1 2nd

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Part 1 2nd
2013-10-30 16:18:23

Part 1
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  1. Prejury
    • Time from arrest through the trial itself
    • Consists of how brought to court, how charged, discovery, sum of motions filed
  2. How one can be arrested
    • On site- cop
    • Arrest Warrant
    • Indictment
  3. On Site- cop
    • On site and arrested or does soon after
    • They can see the crime or what a witness sees
    • Information has to lead them to probable cause beyond reasonable doubt even though the person probably did it
  4. Arrest Warrant- prosecutor and judge
    • Crime occurred and need to be developed and solved
    • After figure out person did it, how to get them into court  warrant
  5. Warrant
    • Legal document prosecutor and judge have to sign
    • layout facts that there is probable cause that this is the crime and this person did it
  6. Indictment- prosecutor and jury
    Legal document handed down by a grand jury (similar to an arrest warrant)
  7. Grand jury
    • body of regular people who hear info from prosecutors and they determine if there is probable cause to arrest the person in secret (due process)
    • keeps gov in check
  8. Appearances
    • Initial Appearance
    • Preliminary Hearing
    • Arraignment
  9. Initial Appearance
    • **Probable cause (Usually for onsite)
    • **Read your rights
    • Explain Bail
    • Have correct defendant
    • Put you in system
    • Decide if you can have public defender
  10. Bail
    • money that is put up by the defendant or on their behalf to insure the defendants appearance in court
    • Only part in system where being richer better
    • More serious crime higher bail
  11. Why is getting out on bail good?
    • Can still work- can afford to pay attorney
    • Help attorney to get witnesses
    • Do community service/ go to rehab make yourself look better --> Less likely of getting sentenced to incarceration
  12. Why is not getting out on bail bad?
    Not a lot of drug treatment inside, cant show that good or trying to change (bc not in community)
  13. Why is getting out on bail bad?
    When continue to be bad- get DUI, go in jail and then leave and get another DUI (not getting into any other trouble)
  14. How we made it fair for those who can’t pay
    • Less serious- PTA or ROR-bc failing to appear less severe than the minor offense itself
    • More serious offenses- diversionary programs- divert you out of jail and put into rehab
  15. Bail Bondsman
    • Will bail you out for a 10% fee
    • Contract- always appear
    • Post bond/bail to court
  16. 8th Amendment
    Bail cant be excessive
  17. Can prevent bail
    • US vs Salerno –if too dangerous
    • Need dangerousness hearing
    • Violent crime (murder) Punishable by life in prison or death penalty