The_criminal_process

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Author:
Hanz
ID:
32027
Filename:
The_criminal_process
Updated:
2010-08-31 14:24:01
Tags:
MSTA
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Description:
MSTA
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  1. What are the steps in criminal process
    • Detention,investigation and arrest
    • Booking
    • Warrant application
    • Charging procedure
    • Issuance of warrant
    • Arraignment
    • Preliminary hearing
    • Pre-trial motions
    • Plea bargining
    • Trial
  2. Detention
    Temporary stops to ask questions
  3. Arrest
    • Taking someone into custody to answer for criminal charges
    • Must have probable cause
  4. Probable cause
    The facts and circumstances which would lead a reasonable person to believe that a crime has been commited and it was commited by the person you are arresting
  5. Investigation
    Asking questions
  6. Booking
    Administrative procedure done at the station after arrest and before suspect is held over
  7. Purpose of booking
    Protect suspect from loss of property, any danger of use of property against self or others, documentation of suspects presence
  8. Missouri 24hr rule
    Requires a suspect be released after 24hrs if no arrest warrant has been issued
  9. 4 actions prosecuter can take after arrest warrant is issued
    • Issue the information
    • Refuse to issue
    • Take it under advisement
    • Send it to the grand jury
  10. PA issue of information
    Sufficent facts for proof beyond a reasonable doubt
  11. PA refuse to issue
    Not enough evidence
  12. PA take it under advisement
    Not enough evidence at this time but warrents further investigation for posible future prosecution
  13. PA grand jury
    PA dosn't wish to issue himself
  14. Grand jury
    Group of up to 23 citizens who listen to evidence to decide if probable cause exists
  15. If grand jury finds PC exists
    True bill of indictment
  16. Grand jury is given a what from whom
    Indictment, PA
  17. Arrest warrant
    Application is made to PA, PA gives it to judge, if judge signs it then it is valid
  18. Information
    Start of the charging process and is issued by the PA stating an intention to prosecute
  19. All evidence is shared between the PA and defence is called what
    Motion for discovery
  20. Arraignment
    • First apperance in court
    • Misdemeanor-read charges, enter a plea
    • Felony- (not grand jury)asked if has attorney set prelim. hearing or wave prelim. hearing
  21. Preliminary hearing
    Judge hears PA case to determin if PC exists or can be sent to grand jury
  22. Motion to suppress evidence
    Made by defence to prevent evidence from being allowed in the trial
  23. 4 types of pre-trial motions
    • Motion for discovery
    • Motion to suppress evidence
    • Change of venue
    • Change of judge
  24. Change of venue
    Request to relocate trial in order to recieve a fair trial
  25. Change of judge
    Request to change judge for a fair trial
  26. Plea bargin
    Defendant pleads guilty to a lesser charge to avoid larger penalty
  27. Prosecution
    Represents the people and bears the burden of proof
  28. Defense
    Tries to win the case for the client
  29. Voir dire
    • "to tell the truth"
    • Selecting jurors
  30. "challenge for cause"
    Attorney has unlimited number to eliminate prospective jurors but has to give a reason
  31. Preemptory challenge
    Limited number but no reason necessary to eliminate prospectivr jurors
  32. Basic Flow of trial
    • Jury selection
    • Opening statements
    • Prosecution's case
    • Defense's case
    • Closing arguments
    • Jury instructions
    • Jury deliberation
    • Verdict
    • Sentencing

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