Criminal Procedure

Question 1

What is a Typical Criminal Procedure?

Answer 1

Crime

Investigation

Arrest

Booking

Presentment

Preliminary Hearing

Arraignment

Trial

Sentencing

Question 2

Fill in blank

Unless directly observed by the police, the criminal justice system is not triggered by the crime, but by __________ of the crime.

Answer 2

Notification

Question 3

Right to Counsel

Answer 3

• an accused is entitled to a defence counsel prior to interrogation while in custody
• Miranda warnings MUST be given if subject has been deprived of his or her freedom in any significant way whether formally arristed or not

Question 4

What are the 12 steps in Criminal Procedure?

Answer 4

1. Investigation
2. Grand Jury
3. Charging
4. Arrest & Booking
5. Presentment
6. Preliminary Hearing
7. Arraignment
8. Pretrial Conference
9. Pretrial Proceedings
10. Trial
11. Sentencing
12. Post-Conviction Remedies

Question 5

Investigation

Answer 5

• 1st effort of the criminal justice system
• this will determine if a crime has been committed, produce evidence, name any known suspect or suspects, and generate a police report
  
  • a suspect may be cleared at this stage

Question 6

Pretrial Screening & Charging

Answer 6

• when a senior police officer or assistant prosecutor decides to press charges against an accured suspect, drop the charges, or make a placement in a diversion program
• if charges are pressed, the prosecutor will draw up a charging document
  
  • begins criminal procedure
  • arrest warrant or summons is issued from a court
    
    • accused suspect become a defendant

Question 7

What is a Charging Document?

Answer 7

A complaint, information, or accusation

Question 8

Define Declination

Answer 8

An act to drop the charges

Question 9

Grand Jury

Answer 9

• mandated in federal cases by the 5th Amendment to the U.S. Constitution
• will precede formal charges and arrest to ensure that there is probable cause to indict the accused suspect
• more important in the early period of the U.S. when any citizen could prosecure cases
  
  • screen out incompetent or malicious prosecutions
• composed of a large group 15-24 people who hear cases over a period of 6 monts to 2 years

Question 10

What is the key difference between a grand jury and a preliminary hearing?

Answer 10

The grand jury is a closed proceeding (in secret) without defense counsel present

Question 11

Fill in the Blank

If the _____ _____ returns a true bill, an indictment (the charging document from a grand jury) and a writ of capias or summons will be issued to arrest the defendant.

Answer 11

Grand Jury

Question 12

Arrest

Answer 12

• a person that falls under police custody when apprehended, caught in the act of committing a crime, pursuant to an arrest warrant, or if a person turns themselves in
• person will be given Miranda warnings, questioned, booked, and held in jail awaiting further proceedings
• defandants of minor crimes will merely be summoned to court without arrest

Question 13

Booking

Answer 13

• a police clerical procedure that includes records entry, photography, fingerprinting, and DNA sampling
• a search for outstanding arrest warrants will be conducted
• all of this happens in the police station

Question 14

Name the 4 steps to Court Appearances

Answer 14

1. Presentment
   
   1. Magistrate
      
      1. informed of charges
      2. informed of rights
2. Preliinary Hearing
   
   1. Magistrate
      
      1. Probable Cause
      2. Determination
3. Arraignment
   
   1. Judge
      
      1. Pleads Guilty or Not Guilty
4. Trial
   
   1. Jury
      
      1. Adjudication

Question 15

Presentment

(Initial Appearance)

Answer 15

• the defendant is brought before a magistrate where they are informed of the charges against him and advised of his constitutional rights
• Supreme Court held that the 4th amen. requires the presentation of an arrestee before a magistrate within 48 hours of a warrantless arrest
  
  • most states require 48 hrs

Question 16

Diversion

Answer 16

• a voluntary process that can occur anythime between arrest and sentencing
  
  • takes the offender out of the traditional criminal justice system for rehabilitation
• these programs are created by state legislatures that sometimes require person to admit to guilt
• defendants typically pay for programs through fees
  
  • completion of program ususally have participants return to court to have charges dismissed
• applied to substance abusers, mentally ill, veterans, domestic abuse, or other special populations

Question 17

Preliminary Hearing

(Probable Cause Hearing)

Answer 17

• most states require this in the absence of a grand jury while others only require it in serious crimes, felonies, and sometimes request of the defendant
• a pulic hearing in front of a magistrate to determine whether there is sufficient credible evidence to justify proceeding with a trial or not
• if magistrate finds enough probable cause, then defendant is bound over for further proceedings
  
  • otherwise the charge will be dismissed
• official accusation against defendant is formally written in an “information” after hearing

Question 18

Arraignment

Answer 18

• the defendant’s first official appearance before the court that will try the case
  
  • defendant will be informed of the charges against him and gives them the chance to formally pleads guilty or not (plea colloquy)

Question 19

In an Arraignment, the court must advise the defendant of what 3 things?

Answer 19

1. the nature of the charge
2. the potential penalties wich might result from the plea, including any mandatory minimum sentence
3. the defendant’s rights to not plead guilty and to request a jury trial

The court must ask the defendant if he understands each of these points and must receive a coluntary affirmative response.

Question 20

Pretrial Conference

Answer 20

Cases, which have not already been disposed of, are scheduled for a _______ ______ between the prosecution, the defense, and the magistrate to determine whether the case will proceed to trial or be resolved with a plea. This is where plea agreements (plea bargains) are negotiated.

The system depends on high amounts of plea bargins or the courts would not be able to handle the caseload.

Question 21

Other Pretial Proceedings

Answer 21

Other actions may occur prior to trial. The attorneys may file motions regarding discovery and admission or suppression of evidence at trial. Pre-trial hearings may be held on Consitutional issued (confessions, searches, identification, etc.) Preliminary issues and ground rules for trial should be resolved before trial.

Question 22

Trial

Answer 22

• tried by either a petit jury or the judge without a jury (bench trial) for determination of guilt and sometimes sentencing
• usually 12 random chosen people is on jury who are then screened by a voir dire process
• judge makes rulings on issues of law; both sides pleads their case; jury deliberates in private and come to a unanimous decision and gives verdict

Question 23

Define voir dire process

Answer 23

A process in which both the prosecution and defense may remove a limited number of potential jurors through premptory challenge and others for cause

Question 24

Post-Trial Motions

Answer 24

After the verdict, if found guilty, the defendant may make motions for improper procedure or a motion n.o.v., asking the judge to rule not guilty in spite of the jury finding.

Question 25

Sentencing

Answer 25

• happens immediately after receipt of a presentence report, or possibly after a separate sentencing hearing
• in capital cases, a seperate penalty phase is required
• the judge will be given a summary of findings and other information relevant to the case
• sentences are generally at the judge’s discretion but may be limited by statutory sentencing guidelines whihc provides advisory minimum sentencing ranges for felonies
• judge may consider alternatives

Question 26

Post-Conviction Remedies

Answer 26

• these remedies include appeal or collateral attack via a writ of habeas corpus
  
  • a remedy for illegal detention
• defendant may appeal the case to a higher court but prosecutor cannot do so after an acquittal
  
  • appeals are presented to panels o judges w/o juries
  • not a retried case but may send case back to court to be retried
  • publised appellate opinions are the basis of judicial precedent