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Prejury
Time from arrest through the trial itself
Consists of how brought to court, how charged, discovery, sum of motions filed
How one can be arrested
On site- cop
Arrest Warrant
Indictment
On Site- cop
On site and arrested or does soon after
They can see the crime or what a witness sees
Information has to lead them to probable cause beyond reasonable doubt even though the person probably did it
Arrest Warrant- prosecutor and judge
Crime occurred and need to be developed and solved
After figure out person did it, how to get them into court warrant
Warrant
Legal document prosecutor and judge have to sign
layout facts that there is probable cause that this is the crime and this person did it
Indictment- prosecutor and jury
Legal document handed down by a grand jury (similar to an arrest warrant)
Grand jury
body of regular people who hear info from prosecutors and they determine if there is probable cause to arrest the person in secret (due process)
keeps gov in check
Appearances
Initial Appearance
Preliminary Hearing
Arraignment
Initial Appearance
**Probable cause (Usually for onsite)
**Read your rights
Explain Bail
Have correct defendant
Put you in system
Decide if you can have public defender
Bail
money that is put up by the defendant or on their behalf to insure the defendants appearance in court
Only part in system where being richer better
More serious crime higher bail
Why is getting out on bail good?
Can still work- can afford to pay attorney
Help attorney to get witnesses
Do community service/ go to rehab make yourself look better --> Less likely of getting sentenced to incarceration
Why is not getting out on bail bad?
Not a lot of drug treatment inside, cant show that good or trying to change (bc not in community)
Why is getting out on bail bad?
When continue to be bad- get DUI, go in jail and then leave and get another DUI (not getting into any other trouble)
How we made it fair for those who can’t pay
Less serious
- PTA or ROR-bc failing to appear less severe than the minor offense itself
More serious offenses- diversionary programs- divert you out of jail and put into rehab
Bail Bondsman
Will bail you out for a 10% fee
Contract- always appear
Post bond/bail to court
8th Amendment
Bail cant be excessive
Can prevent bail
US vs Salerno –if too dangerous
Need dangerousness hearing
Violent crime (murder) Punishable by life in prison or death penalty
Author
pugsrule915
ID
243659
Card Set
Part 1 2nd
Description
Part 1
Updated
2013-10-30T20:18:23Z
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