Criminal Justice 13 Steps Flashcards

(42 cards)

1
Q

what are the 13 steps?

A

1) investigation, 2) arrest, 3) booking, 4) charging, 5) initial appearance, 6) preliminary hearing/grand jury, 7) indictment, 8) arraignment, 9) trial, 10) sentencing, 11) appeal, 12) corrections, 13) release

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2
Q

Investigation

A

Police gather evidence of a possible crime.

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3
Q

Arrest

A

A suspect is taken into custody.

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4
Q

Booking

A

Suspect’s info is recorded (name, charges, fingerprints, photo).

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5
Q

Charging

A

Prosecutor files formal charges. Determines if the defendant can be offered a plea bargain.

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6
Q

Initial Appearance

A

The suspect goes before a judge, hears the charges, and may get bail.

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7
Q

Preliminary Hearing

A

“trial before the trial”, the judge decides if there is enough evidence for the defendant to be taken to an actual trial. This is a faster process than going to a Grand Jury.

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8
Q

Grand Jury

A

A grand jury is a group of citizens that reviews evidence in secret to decide if there’s enough reason to formally charge someone with a serious crime. (typically 18-23 people)

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9
Q

Indictment

A

A formal accusation, issued by a grand jury, formally charging an individual with a crime. Sets the stage for further legal proceedings. Bail is revisted at this step.

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10
Q

Arraignment

A

Defendant enters a plea (guilty, not guilty, no contest). This is essentially the last chance to plea bargain as all the details are set for a trial.

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11
Q

Trial

A

Evidence is presented; guilt or innocence is determined.

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12
Q

Sentencing

A

Judge decides the punishment if the defendant is found guilty.

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13
Q

Appeal

A

When a convicted person asks a higher court to review their case for legal errors that may have affected the outcome.

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14
Q

Corrections

A

Offender serves sentence (prison, probation, parole, etc.).

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15
Q

Release

A

When an offender is let out of the correctional system, either after completing their sentence, being paroled, or found not guilty.

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16
Q

how does release occur?

A

1) it could be by completing the entire punishment given, 2) parole, 3) changes within the system (charges dropped, laws changed).

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17
Q

how is corrections determined?

A

corrections is typically determined by the court but then given to law enforcement(usually a corrections officer) to carry out the punishment. Examples of corrections may be, probation, community service, paying money, and incararation.

18
Q

5 most commons grounds for appeals are….?

A

1) improper admission of evidence (evidence that was shown to the jury when it was not allowed or shouldn’t have been); 2) prosecutorial misconduct (when the prosecutor does something that is not allowed); 3) ineffective assistance of counsel (when your defense attorney falls below the standard that is expected of them); 4) jury misconduct (proof exists that the jury was not following the rules); 5) insufficient evidence (you argue that there wasn’t compelling evidence to match the verdict and you want it reviewed

19
Q

when sentencing what is retribution and rehabilitation?

A

both retribution (recongizes the victim) and rehabitliation (recognizes the offender) are taken into account when the judge determines a sentence; setting an example with the punishment is a style that is always taken into account

20
Q

what are the 7 essential stages to a trial?

A

1) voire dire, 2) opening statement, 3) state’s case in chief, 4) defense case, 5) state’s rebuttal, 6) closing arguements, 7) verdict

21
Q

voir dire

A

(one of the most important parts of the trial) Voir Dire is the process during jury selection where lawyers and the judge question potential jurors to determine if they can be fair and impartial in the case.

22
Q

burden of proof

A

The prosecution must present strong enough evidence to convince the judge or jury that there is no reasonable doubt the defendant committed the crime.

23
Q

beyond a reasonable doubt

A

The evidence must be so convincing that there is no reasonable uncertainty left about the defendant’s guilt.

24
Q

key points of the arraignment step are…?

A

1) all the checking points are completed (arrest, charge, etc…) this means the polce, district attorney, judge, citizens, all believe that is it POSSIBLE that the accused did commit the crime. 2) plea must be entered, (guilty, not guilty, no contest). 3) essentially the LAST chance to plea bargain as all the details are set for the trial

25
what occurs at the arraignment step?
The first court appearance where the accused is officially told the charges against them. Lawyer could be appointed, bail motions set, all dates for motions/trial set.
26
what does the indictment step signal?
A formal charge or accusation that a person has committed a crime. Signals that the prosecution is ready for a trial.
27
if you go to preliminary hearing you go straigh to....
the arraignment step
28
whats the goal of the prosecutor at the preliminary hearing/grand jury step?
the goal is to obtain a "finding of probable cause" at this step
29
probable cause
Probable Cause means there is a reasonable basis to believe that a crime has been committed or that evidence of a crime is present in a particular place.
30
why is nearly everyone indicted?
Nearly everyone is indicted because prosecutors only present cases with enough evidence to meet the low standard of probable cause, and grand juries usually approve these charges.
31
preliminary hearing
Preliminary hearing is a public court process with a judge.
32
grand jury
a grand jury lets citizens(who took into account the evidence) decide if there is enough proof (probable cause) to charge the person.
33
initial appearance...
The initial appearance is the first court hearing where the arrested person is told the charges against them, informed of their rights, and the judge decides on bail or release conditions.
34
charging is important because....
The charging step is important because it formally notifies the defendant of the specific crimes they are accused of, setting the foundation for the entire legal process and protecting their right to prepare a defense.
35
the booking step is...
The booking step is the process where the police officially record the suspect’s information—like name, fingerprints, and photo—after an arrest, mainly for identification and record-keeping.
36
after the first three steps...
the police are no longer in control of decisions, the court system now takes control
37
the arrest step....
The arrest step is when the police take a person into custody because they have probable cause to believe that person committed a crime.
38
the investigation step...
The investigation step is when police gather evidence and information to find out if a crime happened and who might be responsible.
39
plea bargain is discussed and availaible when?
A plea bargain is usually discussed and entered after the charging step and before the trial, often during or after the arraignment, as both sides negotiate to resolve the case without going to trial. (around step 8 or 9)
40
plea bargain
Plea bargaining is an agreement where the defendant pleads guilty to a lesser charge or gets a lighter sentence to avoid trial. It helps save time and resources for the court and gives the defendant a chance for a reduced punishment. (down unofficially, judge has to sign off on deal) involves charge bargaining, sentence bargaining
41
Most important step...?
The trial — because it’s where guilt or innocence is determined through examining evidence and ensuring a fair process.
42
Least important step...?
The booking — since it’s mainly administrative (recording personal info) and doesn’t affect the legal outcome or the defendant’s rights. Booking does not influence whether a person is found guilty or innocent, making it less critical compared to other steps that directly impact justice.