Criminal Procedure Flashcards

Question

Juvenile Justice System's goal

Answer 1

To do what is the best interest of the juvenile. To establish jurisdiction over the juvenile.

Answer 2

Foster care Grandparent's house Home with terms and conditions

Answer 3

CA Youth Authority (CYA) Boot camp Juvenile Hall

Answer 4

Mitigating circumstances outweigh aggravating circumstances | 1 yr

Answer 5

``` Disposition Bargaining Same as plea bargaining Can continue the matter: 1. Juvenile attends counseling 2. Juvenile getting better -->Status Conference (3rd Step) in 4 months (there could be multiple status conferences) Two ways the case can go: 1. Disposition Hearing (repeat 6th step) OR 2. Jurisdictional Hearing (5th step) ```

Answer 6

No; it's more expensive than incarceration Added costs include: Pretrial and trial costs for death penalty Automatic appeal State & federal habeus corpus Incarceration for life

Answer 7

Juveniles do not have the right to a jury trial Sometimes prosecutor will want the juvenile to be charged as an adult to get a jury trial (Prop. 21 or 707 motion) if is in the bet interest of the juvenile

Answer 8

Attorneys are supposed to do what is in the best interest of the juvenile Prosecutor is not supposed to prosecute too hard. Defense is not supposed to try too hard to get the juvenile off.

Answer 9

Defense proves that the defendant was at a different place at the time the crime was committed Whatever places the defendant in the circumstance where it couldn't have been them that committed the crime

Answer 10

Burden of proof is still beyond a reasonable doubt | Highest standard

Answer 11

``` Self-Defense Imperfect Self-Defense Defense of Others Defense of Habitation Defense of Property Public Authority Domestic Authority Insanity Temporary Insanity Prevention of Crime (Intervene) Entrapment Alibi Necessity ```

Answer 12

Additional aggravating circumstances that can tack on additional years

Answer 13

Petition (complaint) is filed

Answer 14

Make the ruling on where the juvenile will go

Answer 15

Take time off the top of time already served (ex: 3yrs - 6months already served).

Answer 16

To defend persons or property Force cannot be excessive Can intervene on felony but not misdemeanors unless they involve a breach of peace (violence) Any amount of non-violent force is permitted as long as it is reasonably necessary to prevent the crime from happening Commonwealth v. Emmonds

Answer 17

Perception of a cop's overreaction (use of excessive force) Allow a person to do something that they would otherwise not be able to do if it wasn't for their authoritative position Told to commit a crime by a public authority Under color of law or under cover of authority As long as they do not exceed the authority they are given (excessive force) Cannot depart from authority given State v. Manteli

Answer 18

Decide whether the juvenile is charged as a juvenile or as an adult. Prop. 21

Answer 19

All three counts have to be serious or violent offenses | If the third offense is a regular felony, then the sentence is just doubled

Answer 20

Will be sentenced with the max penalty which is 365 days in CA

Answer 21

Right to speedy, public, jury trial. Right to counsel and witnesses

Answer 22

``` Punishment must be: 1. Reasonably necessary to protect the welfare of the child 2. Reasonably related to the conduct 3. Proportional to the conduct Ex: Parents spanking their children ```

Answer 23

Compliance with the law increases as the penalty increases

Answer 24

LWOP or death

Answer 25

Police officers convinced someone to do something that they were not otherwise predisposed to do Brought up by way of motion; not in front of a jury

Answer 26

They turn 18

Answer 27

At that point in time, the emotional drive and the trigger can render a person temporarily insane Diminishes charges against a person Must have mens rea, which is why the person is found guilty Didn't have enough time to form intent (diminished capacity) --> voluntary manslaughter

Answer 28

Sometimes the terms of probation can be more beneficial for the defendant than incarceration because they address the underlying problem and provide opportunities of for restorative justice

Answer 29

A written request for the judge to make a ruling. | Ex: Discovery motion

Answer 30

Dismiss one or more counts of a complaint because their is insufficient evidence to prove probable cause or you were illegally committed.

Answer 31

...nor shall any person be subject for the same offense to be twice in jeopardy of life or limb; Nor shall be compelled in any criminal case to be a witness against himself, nor be deprived if life, liberty, or property, without due process of law; Nor shall private property be taken for public use, without just compensation.

Answer 32

Dismiss charges due to failure of speedy trial rights (90 days).

Answer 33

``` Recently became popular Invented by state courts Drug Court HIDE Court DVOR Court / Anger Awareness ```

Answer 34

The right if the people to be secure in their persons, house, papers, and effects, Against unreasonable searches and seizures, Shall not be violated, And no warrants shall issue, Upon probable cause, Supported by oath or affirmation, And particularly describing the place to be searched, And the persons or things to be seized. Only protects the privacy interests if PEOPLE, not places.

Answer 35

Whichever jurisdiction filed first | An acquittal in one jurisdiction bars another jurisdiction from prosecuting

Answer 36

``` During trial (8th step in criminal procedure) Defendant has the right to be confronted with and examine the witnesses who have supplied incriminating evidence. ```

Answer 37

Reduces sentence from a misdemeanor to an infraction Reduces sentence from a felony to a misdemeanor DA can bring up the reduction but it's the ultimate decision of the judge to grant or deny it. Judge doesn't have to explain their reasoning. 17B5 elevates a sentence. If the defense wants the sentence elevated, it HAS to be elevated. Motive: to have a trial.

Answer 38

Testimonial evidence Facts: DUI suspect had a blood sample taken. Analysis was used against him. Ruling: The 5th Amendment privilege against self-incrimination "protects an accused only from being compelled to testify against himself, or otherwise provide the State with evidence of a testimonial or communicative nature, and that the withdrawal of blood and the use of...analysis...did not involve compulsion.

Answer 39

``` United States Supreme Court State Supreme Court Court of Appeals Superior Court Trial Courts (district federal courts) -judges appointed for life ```

Answer 40

``` Jurisdiction = Systems Venue = place Asks: state or federal court? If federal court --> which one? This is venue (place) Criteria for choosing a venue (flash card) Process (flash cards) Dual Jurisdiction (flash cards) Statute of limitations (flash cards) ```

Answer 41

Substitute your public defender

Answer 42

1. Arraignment 2. Pre-trail conference 3. Trial Readiness Conference (TRC) 4. Trial assignment Calendar 5. Pre-trail conference 6. Jury Trial 7. Sentencing 8. Appeals

Answer 43

Attachment: The right to a jury trial attaches any time a person is charged with an offense where the maximum authorized punishment exceeds 6 months. Jury Size: Minimum is 6 persons Cross Section: The jury pool must be a cross-section if the community, but the jury actually selected need not be a cross-section. Waiver must be knowing and voluntary: The suspect must be aware of the rights she is waiving and voluntarily choose to waive them. DA can waive the right to a jury trial Subpoenas Preemptory challenges to jury selection (flash card)

Answer 44

1. Arraignment 2. Preliminary hearing 3. 2nd Arraignment (Superior Court) 4. Trial Readiness Conference 5. Pre-Trial Conference 6. Trial Assignment Calendar 7. Jury Trial 8. Sentencing 9. Appeals

Answer 45

1. US attorneys office files a complaint | 2. Defense can file a motion to dismiss for want of venue or jurisdiction

Answer 46

Late 60s If a person possesses marijuana for personal use, they can be diverted from the system. - Judge decides if defendant is eligible: - Yes --> defendant waives the right to a jury trial hearing later, but in the meantime they are free under conditions --> case dismissed - Conditions Ex: NA meetings Don't satisfy conditions --> reenter the system

Answer 47

Facts: - Defendant and wife had divorced. She had been cheating on him. She was pregnant. Defendant beat her to the point where the baby died. Issue: - At what point during the pregnancy is it considered homicide? Law hadn't been looked at since 1850. Ruling: - Law must give reasonable notice of what the crime prohibits - The act was not illegal according to the law - Statute facially defective

Answer 48

9th step in criminal procedure If the verdict is guilty, the judge will sentence the defendant. Each party may submit evidence that it wishes the judge to consider in issuing a sentence.

Answer 49

4th step in felony procedure 3rd step in misdemeanor procedure Judge wants case to be settled Private (no public allowed) Only two attorneys and the judge in a room where the: - judges are active in trying to get the case settled (get attorneys to change their mind about their positions - judge asks attorneys what they want

Answer 50

``` Asking to be released in jail without bail on a promise you will appear in court. Granted only if given a guilty plea. Conditions: - Must have community ties - No flight risk - No priors ```

Answer 51

Right to a speedy public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with witnesses against him; to have compulsory process for obtaining witnesses in his favor; and to have assistance of counsel for his defense.

Answer 52

Dismiss evidence because it violated defendant's constitutional rights.

Answer 53

Writ asking to be brought in front of a judge for unlawful detention.

Answer 54

To prove that defendant is guilty.

Answer 55

Representing oneself

Answer 56

Compulsion Facts: Convicted of 1st degree murder and sentenced to death. He was seen with the victim on the night of the crime and in the alley with her where her body was discovered. Ruling: The 5th Amendment allows a defendant to not testify to prevent self-incrimination.

Answer 57

Is a correctional officer at the local level.

Answer 58

Goes to the court above the one that the trial is in Can only look at what the judge in the trial looks at (no new evidence) - Can only raise new evidence w/ a writ. - Attorney can file this writ with the appeal

Answer 59

1. Situs of the witness - Where the witnesses are 2. Situs of the physical evidence - Where the physical evidence is 3. Situs of the acts (crimes) - Look to the charging documents - Look to the location of the actus reus 4. Situs of the defendant - Where the defendant live or where he/she is from These arguments are made to a judge. US attorneys office gets to choose a venue.

Answer 60

Keep records of everything that goes on in the room. They are protecting the system by doing this.

Answer 61

Punish as well as protect defendant's rights. Decides law.

Answer 62

D can buy a bond if they can't afford bail. | Cannot get this $$ back.

Answer 63

Must plead guilty Must have no more than two priors to be eligible Must complete or else defendant has to do hard time If defendant completes it --> offense is stricken from their permanent record Year long program --> graduation at the end --> case dismissed If defendant uses drugs --> defendant taken into custody Defendant pays for the program

Answer 64

The right to counsel Facts:Gideon charged with felony. Informed court he was indigent and requested an attorney. Court declined because in Florida, only capital offenders are appointed counsel. Ruling: The right of an indigent defendant to appointed counsel is a fundamental right, essentially a fair trial. Failure to provide one is a violation of the 14th Amendment.

Answer 65

No excessive bail or fines. | No cruel and unusual punishment.

Answer 66

``` Same as the first arraignment Opportunity to modify bail "Complaint" becomes an "information" DA can bring additional info Sometimes the complaint is different than the information (a new one) Set a jury trial date ~90 days - Opportunity to waive a speedy trial ```

Answer 67

``` 3rd step in felony procedure Happens in Superior Court Defendant pleads guilty, not guilty, or no contest (nolo contendre) to the charges contained in the indictment or the information. Advised of the charges Pleads guilty --> judge sentences them Pleads not guilty --> court trail date is set up (~90 days) DA can bring additional information Bail is modified ```

Answer 68

Actus reus + mens rea + social harm

Answer 69

Right to trial by jury if imprisonment is more than 6 months.

Answer 70

(Statements) Prosecution goes first May be argumentative and/or biased and may include conclusions Prosecution gets two closing arguments because they have the burden of proof - A response to defense's closing argument but only allowed to address matters brought up by the defense

Answer 71

Both prosecution and defense must present evidence, witnesses, and facts. Takes place between the pre-trail hearing and arraignment CA Prop. 115 says the prosecution has to turn over all relevant evidence to the prosecution as well. Can file to obtain evidence that the other side may be witholding.

Answer 72

Similar to drug court Much easier on the drug user than drug court Difference: plea is not given back Instead of going to jail or prison, they go through treatment Treatment is not the choice of the defendant nor the judge: if they're a drug user, they go to treatment They are given three strikes before they are sent to jail or prison - If it is a major violation --> may go straight to prison or jail and get kicked out of treatment

Answer 73

In general, any statement made by a suspect as the result of a custodial interrogation is compelled, and thus violates the 5th Amendment right against self-incrimination, unless the government proves the police provided adequate procedural safeguard (Miranda v. Arizona). Elements: custody & interrogation

Answer 74

Formal charging document returned by a grand jury. In jurisdictions where an indictment is required, the prosecution must first present the case to the grand jury, which then votes on whether probable cause exists. When an indictment is required, the defendant does not receive a preliminary hearing. The grand jury alone determines whether probable cause exists.

Answer 75

Prosecution gets to go 1st - "Here's what you're going to see in this trial..." - No verdict - Cannot be argumentative or biased (have to wait 'till closing argument) Defense goes 2nd - They can waive their opening statement or reserve it. * Reserving: wait until after prosecution puts up all their witnesses

Answer 76

Provide testimony truthfully. Correctly testify about what they learned through their empirical senses.

Answer 77

Some of the rights in the 14th Amendment can be protected by the 1st Amendment - (The word "liberty" can include "speech.") - 1st Amendment is incorporated by the 14th Amendment - 4th, 5th, & 6th Amendments were incorporated over the years (selectively).

Answer 78

4th step in misdemeanor procedure' 6th step in felony procedure Happens 2 days after Trial Readiness Conference Judge is assigned - attorneys are given a chance to kick the judge off the case

Answer 79

Law can be really old It could describe a criminal act that is similar to what defendant did but does not describe their act Could be invalid on its face (i.e: cocaine law) = unconstitutional

Answer 80

Make a report (PSI) that states what the probation department thinks should happen to defendant. They also supervise defendant while they are on probation. They have to make sure the person obeys the terms of their probation.

Answer 81

2nd step for felones Determines whether probable cause exists for bringing the defendant to trial (prosecution must prove this) Judge decides if the case should move onto the next step No jury D can waive right to preliminary hearing Prosecution must prove w/ preponderance of the evidence that defendant is reasonably a suspect. Prosecution does not need to prove BARD; only probable cause

Answer 82

Cannot find someone guilty based upon heresy. As long as there heresy is not being used to find someone guilty, then it can be used in a court of law. Prosecution can prove that the witness is unavailable, but they have to only read, word-for-word, the witness's previous statement. Can use heresy evidence to impeach

Answer 83

Attorney failed to properly represent their client which resulted in wrongful criminal conviction (attorney malpractice).

Answer 84

Within 28 days after trial Probation officer is asked what they suggest - must go through 33 Rules of Court Defense can offer a STATEMENT OF MITIGATION Prosecution can offer a STATEMENT OF AGGRAVATION Judge sentences based on these three things

Answer 85

8th step in criminal procedure Prosecution must prove beyond a reasonable doubt each element of the crime(s) charged. The majority of trials require a jury of the defendant's peers (although some misdemeanors may be tried before a judge). Confrontation clause Verdict: after closing arguments and the jury has been instructed, the case is submitted to the jury, who will deliberate the facts an law. Upon reaching a conclusion, the jury mist give a verdict of guilty or not guilty (or if the jury is hung, a mistrial can be declared).

Answer 86

CA: 3yrs for felony 1yr for misdemeanor Runs from date of the discovery of the crime After the time runs out, defendant cannot be charged Rost/Serna Case - If there is a charge against defendant and it is within the statute of limitations, the case can be thrown if the prosecution took too long putting the case together. - 7 exceptions for certain offenses Prosecution can be barred on the basis of ex post facto (if it wasn't a crime when defendant committed the act --> cannot be charged. Prosecution can be barred on the basis of double jeopardy (5th Amendment) - Once in jeopardy: Jury has been sworn in Jury has heard the evidence Guilty plea - Hung jury won't work for res judicata --> defendant cannot be tried again

Answer 87

10th step in criminal procedure Defendant has a right to appeal the conviction and sentence. Ordinarily, failure to exercise the right to appeal within a designated amount of time will result in a waiver of this right.

Answer 88

Grant defendant's release prior to their trial for a price instead of having to go to jail.

Answer 89

Facts: A defendant with an extensive criminal past was sentenced 25 to life after stealing golf clubs Ruling: A three strikes rule is constitutional if the sentence is "not grossly disproportionate [with the crime] and therefore does not violate the 8th Amendment's prohibition on cruel and unusual punishments," because it unusual but not cruel. Must be both cruel AND unusual to violate the 8th Amendment.

Answer 90

Facts: Convicted for being addicted to the use of narcotics Issue: Is this law valid? Ruling: Reversed. It's a status. The status of being addicted to a narcotic. There are plenty of people addicted to alcohol. A person can be born with an addiction to a narcotic. Violates the 8th Amendment because being addicted is an illness. Significance: Got rid of the words "addicted to" in the law. Court established that in order for one to be charged with a criminal act, it was necessary for one to commit an "act."

Answer 91

2nd and 5th step in misdemeanor procedure 5th step in felony procedure Happens 2-3 weeks after arraignment to allow enough time for attorneys to obtain discovery Defense makes pretrial motions - suppress unlawfully obtained evidence - dismiss individual charges - dismiss entire case Both parties discuss discovery Judge asks attorneys if the case is settled: - No --> jury trial in 60 days (felonies --> preliminary hearing --> jury trial) - Yes --> defendant pleads guilty --> probation report --> sentencing

Answer 92

ALL elements must be proven beyond a reasonable doubt Can be mental or physical evidence It is possible to have only actus reus, or both - Affirmative defense (i.e. crimes of necessity)

Answer 93

1st step in criminal procedure Within 24 hrs of arrest. At this appearance, the defendant will be informed of the following: 1. The charges against her 2. Her right to counsel 3. How counsel will be appointed (for indigent defendants) 4. Her right to a bail determination and, if bail is to be set, the amount at which it is set 5. Informed of the max punishment

Answer 94

To decide facts.

Answer 95

Questioning your witness is direct examination Questioning the other side's witness is cross examination. Prosecution goes 1st Redirect / recross examination is questioning your witness again after they have been cross examined.

Answer 96

Judge can set bail according to the bail schedule. $$ is returned upon court appearance. Judge is to presume that defendant is guilty - Considers 1. the weight of the evidence used against defendant 2. history of the defendant 3. whether defendant was on parole or probation at the time offense occurred 4. whether defendant has any priors 5. whether defendant poses a flight risk Usually always terms and conditions that come with bail or OR - Some can be really good (ex: drug rehab)

Answer 97

Ask the jurors if they are biased to see if they can be kicked off the jury. 18 jurors - must be questioned by both the defense and prosecution - do they pass for cause? Can they be an active juror? Attorneys can challenge as many times as needed. No limit (on one juror) Attorneys have 10 challenges each Judges will dismiss whoever the attorneys want to dismiss An attorney is in a good spot if they have more challenges than the other. Passing is a good strategy 2 passes = 12 on a jury --> done!

Answer 98

Preserve order and provide security

Answer 99

Following the magistrates determination that there is sufficient evidence to bind over the defendant for trail, the prosector prepares and files an information, which is a formal charging document in jurisdictions where a grand jury indictment is not required.

Answer 100

Obtain personnel file of law enforcement officer.

Answer 101

The attorneys and judge argue about which one should be given. Judge has ultimate decision Judge can still dismiss the case if attorney suggests a 1118 motion Defense has the right to appeal a jury verdict Judge has decision to grant or not

Criminal Procedure Flashcards

(125 cards)