Stages of the criminal justice system flashcards

What happens during an arrest?

The police take a suspect into custody, informing them of their rights. This initiates the criminal justice process.

True or False: A suspect must always be charged after an arrest.

False. A suspect may be released without charges if there is insufficient evidence.

What is a booking process?

The administrative process following an arrest, including fingerprinting, photographing, and recording personal details.

Fill in the blank: The __________ hearing determines if there is enough evidence for trial.

preliminary

What is bail?

A sum of money or property paid to ensure a defendant's appearance at trial. It can be set or denied based on flight risk.

Cause → Effect: What is the effect of a grand jury's indictment?

The case moves forward to trial; formal charges are filed against the accused.

What is a plea bargain?

An agreement where the defendant pleads guilty to a lesser charge in exchange for a lighter sentence or dropped charges.

True or False: Pre-trial motions can affect the trial outcome.

True. These motions can exclude evidence, dismiss charges, or change the trial location.

Compare: Preliminary Hearing vs. Grand Jury.

- Preliminary Hearing: Judge decides on probable cause. - Grand Jury: Group of citizens decides on indictment.

What does arraignment involve?

The formal reading of charges to the defendant, who then enters a plea (guilty, not guilty, or no contest).

What is the purpose of discovery?

To allow both the prosecution and defense to gather and exchange evidence before trial, ensuring fairness.

What happens during a pre-trial conference?

Both parties discuss the case, explore plea options, and set trial dates. This is often a negotiation opportunity.

Fill in the blank: The __________ motion requests to dismiss the case before trial.

motion to dismiss

What is the role of a defense attorney?

To advocate for the defendant's rights, provide legal advice, and prepare a defense strategy.

True or False: All defendants are entitled to a public defender.

True. If they cannot afford a lawyer, the state provides one to ensure the right to counsel.

What occurs after a suspect is arraigned?

After arraignment, pre-trial motions may be filed, such as: - Motion to suppress evidence - Motion for change of venue - Motion for discovery disputes These motions aim to resolve legal issues before trial.

What is jury selection?

The process of choosing jurors who will hear the case and render a verdict.

True or False: The prosecution presents evidence first.

True. The prosecution presents its case before the defense, establishing the burden of proof.

Fill in the blank: The ____ examines witnesses during the trial.

judge - The judge oversees the trial and ensures legal procedures are followed.

What happens during opening statements?

Both sides outline their case, presenting evidence and arguments to the jury.

Cause → Effect: A juror's bias.

May lead to a mistrial or an unjust verdict.

What is the role of the defense attorney?

To represent the defendant and challenge the prosecution's evidence and arguments.

Comparison: Direct examination vs. cross-examination.

Direct examination: Questioning by the party who called the witness. Cross-examination: Questioning by the opposing party.

What is the burden of proof?

The obligation of the prosecution to prove the defendant's guilt beyond a reasonable doubt.

True or False: The jury's verdict must be unanimous.

True. In criminal trials, a unanimous verdict is typically required for conviction.

What happens during closing arguments?

Both sides summarize evidence and arguments, urging the jury to favor their case.

What is a hung jury?

A jury that cannot reach a unanimous decision, potentially leading to a retrial.

Fill in the blank: The ____ reads the jury's verdict.

foreperson - The foreperson announces the final decision of the jury in court.

What do jurors consider when deliberating?

The evidence presented, witness credibility, and legal standards of proof.

Cause → Effect: Introducing new evidence during trial.

Can lead to objections, delays, or even mistrials if improperly handled.

What is the standard of proof in a criminal trial?

Beyond a reasonable doubt - The highest standard, protecting defendants from wrongful conviction.

What happens if a defendant is found not guilty?

The defendant is acquitted and cannot be retried for the same offense due to double jeopardy.

What happens during sentencing?

The judge determines the punishment based on the crime, defendant's history, and recommendations.

Define probation.

A court-ordered period of supervision in the community, allowing the offender to avoid prison.

True or False: Sentencing occurs before the trial.

False. Sentencing occurs after the trial and verdict are completed.

What is an appeal?

A request for a higher court to review and change the trial court's decision.

Difference between parole and probation?

Parole is released from prison with conditions; probation is a sentencing alternative outside prison.

Fill in the blank: Sentencing options can include jail time, fines, and _____.

community service.

What influences sentencing decisions?

Factors include severity of the crime, prior criminal record, and state laws.

True or False: An appeal guarantees a new trial.

False. An appeal does not guarantee a new trial; it seeks to correct legal errors.

What is a sentencing guideline?

A set of standards that establish a uniform sentencing policy for similar offenses.

Cause → Effect: Committing a felony leads to _____.

more severe sentencing options.

What is a presentence investigation report?

A document prepared to help the judge understand the offender's background before sentencing.

Name one potential outcome of an appeal.

The conviction may be upheld, reversed, or a new trial may be ordered.

What role does a judge play during sentencing?

The judge evaluates the facts, applies the law, and determines the final sentence.

Fill in the blank: In cases of probation violation, an offender may face _____.

revocation of probation.

What is the purpose of sentencing?

To punish the offender, deter future crime, and rehabilitate the offender.

True or False: Victims can provide impact statements at sentencing.

True. Victim impact statements can influence the judge's sentencing decision.