criminal courts test 3 - T he criminal case course of...

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The criminal case course of events US had the highest crime rate among all western countries Investigation by Law Enforcement Arrest Freedoms are significantly interfered with Mere charge not conviction Only 21% of known crimes result in arrest Initial appearance Arraignment Set bail (maybe) Defendant informed of charges (charge can be changed) Types of charging documents (mere accusations) Complaint Arrest warrant Grand jury indictment information Bail/bond rights come from 8 th amendment some people charged but are innocent some guilty people do not deserve jail (probation instead) bail cannot be excessive not right to bail for capital defendants (death penalty) ways to post bail/bond
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o 1. Cash bond - give court money o 2 . Property bond - give equivalent real estate o 3 . PR- personal recognizance – sign your name and promise (unsecured) o 4 . Na money? Failure to appear o Bench warrant- cannot post bond on bench warrant, you have to go to jail until case is called Bail considerations o How serious the crime o Prior criminal record o Consider if you will commit crimes on bond o Hurt self or other will on bond o Flight risk Preliminary hearing (evidentiary hearing) Happens after bond is set if you request it Burden of proof o Prosecution must show probable cause and judge decides Discovery and investigation by counsel Both sides trying to get information they need to convict Rule 5 motion- discovery motion to get what you have a right to Exculpatory evidence- not blameworthy, must be given to defense
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Brady v. Maryland o a defense lawyer files discovery motion for exculpatory evidence and the prosecution left one document out. The defense eventually finds out and the USSC rules that ALL exculpatory evidence has to be given to the defense discovery rules vary from state to state o also vary between prosecutor’s offices, some have open files policies Grand jury all felonies go to grand jury determine probable cause prosecutor runs GJ, not defense indictment meets in secret o no defense present o meet once a month for 3 or 4 days about 700 cases? Majority vote o 12 out of 18 must agree true bill- indict o if not 12 no bill o almost every case goes through because there is not much time Case attrition failure of arrests to come to trial getting rid of weak cases through preliminary hearing or grand jury
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it is possible for prosecutor to dismiss case after indicted Nolle prosequi- dismissal after indicted Dismissal with prejudice - case can never be brought back up Dismissal without prejudice - can bring case back up Discretion causes cases to be dismissed before trial Guilty pleas Very few cases go to trial Almost every case ends in guilty plea Plea-bargaining Happens all the time in court Prosecution and defense each give up something almost every time
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