Chapter 12 Flashcards
(13 cards)
Problems with bail
Discriminates against poor
Discretion may lead to high bail levels
Little time to assess degree of risk
Used for preventative detention to protect social welfare
Created a presumption in favor of pretrial release instead of detention
Federal Bail Reform Act of 1966
Factors for deciding bail
Nature of charge
Weight of evidence
Defendants family, job, finances, mental condition
Criminal record
Putting someone on probation before they have been convicted
Pretrial release
Taking your word on showing up for court
Release on recognizance
Act created a rebuttable presumption that no conditions of release could assure court appearance or community safety for defendants
Federal Bail Reform Act of 1984
Requests the physical evidence, evidentiary documents, and lists of witnesses, in the possession of the prosecutor, for examination
Motion for discovery
Requests the trial be moved from the county, district, or circuit, in which the crime was committed, to some other places. Gets a lot of media attention
Motion for change or venue
Requests evidence excluded from consideration
Motion for suppression
Requests each specific charge be tried as a separate case
Motion for severance of charges or defendants
Requests the trial be postponed to allow more time to prepare a case
Motion for continuance
Request to dismiss charges based on a lack of evidence
Motion for dismissal
Sometimes jury may ignore the judges instructions, and render a not guilty verdict, contrary to the facts for what they see as a justifiable act, or to write what they see as an injustice in the trial
Jury nullification