exam 2

Question 1

At what pre-trial stage(s) are defendants notified of charges along with their rights?

Answer 1

preliminary hearing

Question 2

probable cause is established at which pre-trial stage

Answer 2

preliminary

Question 3

How is probable cause established in judicial proceedings

Answer 3

DA will fill an information file to inform the evidence they have against the accused to establish probable cause.

Question 4

what are grand juries?

Answer 4

the grand jury issued a formal criminal indictment jury empowered by law to conduct legal proceedings.

Question 5

Are defense attorneys typically present at grand jury hearings? Defendants?

Answer 5

No, defense attorneys and defendants are not usually present.

Question 6

What happens when someone is arraigned

Answer 6

notified of charges, can request attorney, can enter plea deal and bail may be set.

Question 7

The primary purpose of the criminal trial is to:

Answer 7

Determine guilt or innocence beyond a reasonable doubt

Question 8

The bail decision is most frequently made at what stage of the court process?

Answer 8

first appearance

Question 9

types of bail

Answer 9

cash bond, ROR, property bond and bail agent

Question 10

Factors considered in bail decisions? Most important factors?

Answer 10

Flight risk, severity of the offense, criminal history, ties to the community

Question 11

Bail is given in more cases than not. Why?

Answer 11

To avoid jail overcrowding and uphold the presumption of innocence

Question 12

2 purposes of bail?

Answer 12

(1) Ensure the defendant appears in court
→ (2) Protect the community (public safety

Question 13

Why is bail considered a controversial practice?

Answer 13

It can discriminate against the poor, leading to pretrial detention for those who can’t pay, regardless of guilt or risk

Question 14

What, by definition, is plea bargaining?

Answer 14

A negotiated agreement where the defendant pleads guilty to a lesser charge or sentence to avoid trial.

Question 15

How often do cases result in a guilty plea?

Answer 15

About 90–95% of criminal cases.

Question 16

What are benefits of plea bargaining?

Answer 16

Saves time and money, avoids long trials, gives defendants lighter sentences, helps court efficiency.

Question 17

Why is plea bargaining considered a controversial practice?

Answer 17

Some believe it pressures innocent people to plead guilty and can lead to inconsistent sentences.

Question 18

How are prospective jurors selected?

Answer 18

From voter registration or driver’s license lists, then randomly summoned

Question 19

What types of challenges can attorneys use to excuse potential jurors?

Answer 19

Challenge for cause and peremptory challenge

Question 20

Peremptory challenge

Answer 20

No reason needed — limited number per side

Question 21

Challenge for cause:

Answer 21

Juror is biased — unlimited use

Question 22

What is jury sequestration? Why does it happen

Answer 22

Jurors are isolated during a trial to avoid media influence or outside interference.

Question 23

Who presents their opening statement first? Why?

Answer 23

The prosecution, because they have the burden of proof.

Question 24

Rules of evidence – attorneys must follow these. Identify evidence types:

Answer 24

Direct evidence (e.g., eyewitness), circumstantial evidence, real/physical evidence, and testimonial evidence.

Question 25

Judges will provide what instructions to a jury prior to deliberation?

Answer 25

Instructions on the law, charges, and how to evaluate evidence

Question 26

The expectation for a verdict?

Answer 26

A unanimous decision (in most criminal cases).

Question 27

What happens when the above expectation isn’t met? Then what?

Answer 27

A hung jury → may lead to a mistrial and possibly a retrial.

Question 28

In class, we discussed 5 traditional sentencing options. Be familiar with these.

Answer 28

FINES PROBATION INTERMEDIATE SANCTIONS INCARCERATION DEATH PENALTY

Question 29

what is retribution

Answer 29

Punishment that is deserved and proportionate to the crime — “just deserts. "Lex talionis Punishment Get tough on crime

Question 30

what is deterrence

Answer 30

Punishment aimed at discouraging future crime

Question 31

What is incapacitation? How does it differ from incarceration?

Answer 31

Preventing crime by removing the offender’s ability (e.g., prison, house arrest).

Question 32

Selective incapacitation:

Answer 32

Targeting high-risk or repeat offenders

Question 33

General incapacitation:

Answer 33

Broad use of prison to deter or prevent crime

Question 34

What is rehabilitation?

Answer 34

Aims to reform offenders through programs (education, therapy) so they don’t reoffend.

Question 35

What is restoration?

Answer 35

Seeks to repair the harm caused by crime, involving victims, offenders, and community.

Question 36

How is it similar to restorative justice?

Answer 36

Restorative justice is the broader philosophy behind it, often involving things like mediation or restitution.

Question 37

What is criminal law?

Answer 37

Defines crimes and punishments

Question 38

Criminal procedure

Answer 38

Rules for how the criminal justice process operates (e.g., arrests, trials, rights)

Question 39

Mala in se:

Answer 39

Inherently wrong

Question 40

Mala prohibita:

Answer 40

Wrong because it's prohibited

Question 41

What are inchoate crimes?

Answer 41

Incomplete or preparatory crimes.

Question 42

inchoate crimes 3 types

Answer 42

Attempt (trying but failing to commit a crime) Conspiracy (agreement to commit a crime) Solicitation (encouraging someone else to commit a crime

Question 43

criminal cases

Answer 43

who files: Government (prosecutor) sanctions: Jail, fines, probation, death Beyond a reasonable doubt Provided if unable to afford one

Question 44

Civil Case

Answer 44

Individual or entity Money damages, injunctions Preponderance of the evidence Not guaranteed; must be self-funded

Question 45

What is corpus delicti

Answer 45

Body of the crime” — must show that a crime occurred and that someone is responsible.

Question 46

Actus reus

Answer 46

the criminal act

Question 47

Mens rea

Answer 47

criminal intent

Question 48

Concurrence

Answer 48

act and intent occur together

Question 49

Causation

Answer 49

link between act and harm

Question 50

Harm

Answer 50

actual damage or injury

Question 51

Identify and discuss 3 justification defenses to criminal liability

Answer 51

Self-defense Defense of others Necessity (e.g., breaking into a cabin to avoid freezing to death

Question 52

Identify and discuss 4 excuse defenses to criminal liability

Answer 52

insanity Duress (coerced into committing the crime) Intoxication (sometimes—only if involuntary) Age (juveniles may not be held criminally liable

Question 53

Procedural defenses include search and seizure, double jeopardy, denial of a speedy trial, and prosecutorial misconduct. Be familiar with each defense:

Answer 53

Search and seizure: Violations of the 4th Amendment Double jeopardy: Can’t be tried twice for the same crime Denial of a speedy trial: Violates 6th Amendment rights Prosecutorial misconduct: Unfair behavior (e.g., hiding evidence)

Question 54

What is the exclusionary rule?

Answer 54

Evidence obtained illegally (violating the Constitution) cannot be used in court.

Question 55

What is the fruit of the poisonous tree doctrine

Answer 55

Evidence that comes from an illegal search or seizure (the “poisonous tree”) is also tainted and inadmissible.

Question 56

what are the 3 elements required for all search warrants?

Answer 56

Issued by a neutral judge or magistrate Supported by probable cause Contain particularity

Question 57

All lawful arrests, like all search warrants, must be supported by:

Answer 57

Probable cause

Question 58

The police, acting without a search warrant, are permitted to search a person, upon a lawful arrest, and the area under his/her immediate control. This is called

Answer 58

Search incident to arrest

Question 59

The police can seize visible objects as evidence during a search under what authority?

Answer 59

Plain view doctrine

Question 60

What is a stop and frisk? Is a frisk a search? Explain

Answer 60

A stop is a brief detention based on reasonable suspicion. → A frisk is a limited pat-down for weapons. → Yes, a frisk is considered a search under the 4th Amendment, but it’s a limited one

Question 61

A police can pat down a suspicious person as long as this exists

Answer 61

Reasonable suspicion that the person is armed and dangerous.

Question 62

Stop and frisks violate 4th amendment protections against unreasonable searches and seizures (T or F)

Answer 62

False — They are allowed if there is reasonable suspicion

Question 63

When there is an immediate need to establish a search, such as in the case of a hot pursuit, the police can conduct a warrantless search under what authority?

Answer 63

Exigent circumstances

Question 64

Under what premises can a police officer search your vehicle?

Answer 64

If there is probable cause, consent, or if it’s incident to a lawful arrest.

Question 65

If evidence is illegally seized by cops, it must be subjected to:

Answer 65

The exclusionary rule

Question 66

What, by definition, is a police interrogation?

Answer 66

Questioning by law enforcement aimed at getting incriminating responses

Question 67

The purpose of a police interrogation:

Answer 67

To obtain confessions or information relevant to a case

Question 68

. Interrogations can’t involve:

Answer 68

Coercion, threats, or physical abuse must be voluntary.

Question 69

Prior to being interrogated, a person must be:

Answer 69

Mirandized — informed of their Miranda rights.

Question 70

If the above doesn’t happen, anything the accused says must be:

Answer 70

Excluded from evidence — inadmissible

Question 71

What are Miranda rights? Do all individuals have to be read their Miranda rights? Explain.

Answer 71

Rights to remain silent, to an attorney, etc, Only required if the person is in custody and being interrogated

Question 72

Can someone waive their Miranda rights? If so, under what premises

Answer 72

Yes, if the waiver is voluntary, knowing, and intelligent.

Question 73

Can use of force be justified? If so, under what circumstances?

Answer 73

Yes — when reasonably necessary to protect officers or others, or to effect an arrest.

Question 74

What is excessive force? Can it be justified

Answer 74

More force than necessary. → No, it cannot be justified and may result in legal consequences.

Question 75

What landmark US Supreme Court case established the exclusionary rule?

Answer 75

Weeks v. United States (1914)

Question 76

What case applied the exclusionary rule to state cases

Answer 76

Mapp v. Ohio (1961)

Question 77

What case gave police the authority to briefly stop and frisk individuals?

Answer 77

Terry v. Ohio (1968)

Question 78

What case gave police the authority to conduct a warrantless search in a stop incident to an arrest?

Answer 78

Chimel v. California (1969)

Question 79

The Supreme Court ruled in this case that the police can’t use deadly force against a fleeing suspect unless the officer has cause to believe the suspect poses a significant threat of death or bodily injury:

Answer 79

Tennessee v. Garner (1985)

Question 80

In this case, the Court ruled that police officers can seize visible evidence without a search warrant:

Answer 80

Horton v. California (1990)