EX2 Review

EX2 Review - C riminal Justice 2350 Court Systems and...

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Criminal Justice 2350 Court Systems and Criminal Procedure Exam 2: Review Chapter 5: Summary During arraignment, the defendant is given the opportunity to enter a plea to the charged alleged in the complaint. At one time, defendants could not enter a guilty plea based on the belief that the only way justice could be accomplished was by a trial. Many states use a preliminary hearing in lieu of a grand jury. The purpose of a preliminary hearing is to determine if there is sufficient evidence to hold the accused for trial. Inadmissible evidence may be used on a preliminary hearing in most states. If the magistrate determines that there is sufficient evidence, the accused is bound over for trial. The grand jury system was established to safeguard the accused, but the system has been under attack by some attorneys and charged with being a tool for the prosecutor. When an indictment is returned or information is filled with the trial court, the accused will be arraigned upon the accusatory pleadings. In most jurisdictions, the defendant may withdraw a guilty plea upon showing of good cause. Before a guilty plea is accepted by the court, the judge must advise the accused of his or her rights as required by the Boykin v. Alabama decision. A defendant does not have a constitutional right to have his or her guilty plea accepted by the court. A plea of nolo contendere means that the defendant does not contest the charge; some courts do not accept nolo contendere pleas. Whether the defendant is required to enter a plea of not guilty by reason of insanity depends on the law of the state involved. The defendant is required to assert a plea of double jeopardy or it will be waived. A grand jury’s primary purpose is to hear criminal accusations in order to determine whether there are sufficient facts to hold the accused for trials. 1
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A grand jury may also investigate public agencies and public officers. Grand jury hearings are not open to the public. Chapter 6: Summary The 6 th Amendment guarantees an accused the right to a “speedy and public trial by an impartial jury of the state and judicial district wherein the crime shall have been committed.” Venue refers to the geographical location of the trial. Venue may be waived by the defendant. The defense of insanity refers to the accused’s mental state at the time of the
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This note was uploaded on 05/30/2011 for the course CJ 2350 taught by Professor Todd during the Spring '08 term at Texas State.

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EX2 Review - C riminal Justice 2350 Court Systems and...

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