6 Flashcards
Arrest/criminal charges
- arrest warrant/ complaint / affidavit of probable cause
- Summons/complaint / affidavit of probable cause
- grand jury indictment
Preliminary arraignment
charges
rights
bail
formal arraignment / waiver
charges
rights
bail
pre-trail conference
guilty plea?
Scheduling order
Motions practice
Habeas corpus
speedy trail
suppression
motion to dismiss
final pre-trail conference
guilty plea (?)
resolution of pre-trail issues
-both sides talk about the other’s issues/weaknesses
Pre trial steps
A - arrest/ criminal charges P - premliminary arraignment P - prelim hearing F - formal arraignment C - case analysis/ plea negotiations / discovery P - pre-trial conference M - motions practice C - case analysis / plea negotitions / discovery F - final pre-trial conference T - trial
ROR
release on your own recognise
unsecured bail
10% or $10,000, pay 10% if they declare, you can pay it
prima facie
on its faith
-gov has to prove that you probably committed a crime
(in prelim hearing)
PSI
pre-sentence investigation report, judge has 90 days from conviction to plea to make a sentence
What happens in between the first and final pre-trial conferences?
Motions practice -Habeas corpus speedy trail suppression motion to dismiss
retribution
giving offenders their “just deserts”
general deterrence
discouraging other people from committing crimes
rehabilitation
changing attitudes and capabilities of offenders so they will not commit more crimes