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psych and law chap 7

psych and law chap 7 - Chapter 7 I Steps between Arrest and...

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Chapter 7 I. Steps between Arrest and trial a. Being arrested for a crime and being charged with a crime are two different events b. Initial appearance i. Arrestee must be brought before a judge within 48 hours of his or her arrest ii. Primary purpose-for the judge to review the evidence summarized by the prosecutor to determine whether probable cause exists for believing that the suspects committed the crimes charged c. The preliminary hearing i. To filter out those cases in which the prosecution’s proof is insufficient ii. Hearsay is admissible, which means that one witness may summarize what another said earlier—aka a victims account of a crime may be presented by an officer iii. No jury is present and the judge has no authority to choose between competing versions of the events iv. Defense attorneys often waive the preliminary hearing because they are afraid the press will harden the community and make an impartial jury v. If the defendant is still being held in custody then the judge also reviews the amount of bail originally set d. The grand jury i. Grand jury-citizens from the community who meet in private with the prosecutor to investigate criminal activity and return indictments (a complaint prepared and signed by the prosecutor describing the crime charged ii. 1/3 of states require a grand jury to indict a defendant before prosecution iii. The remaining states allow the prosecutor to proceed either way iv. The defendant has the right to testify in some states and in all states the defendant may testify with the consent of the grand jury v. Indictment-a written statement by the grand jury accusing one or more persons of one or more crimes vi. Its function is to inform defendants clearly of the nature of the charges against them so that they will have the opportunity to prepare a defense e. Arraignment i. Judge makes sure that the defendant has an attorney and appoints one if necessary ii. Customary for defendant to plead guilty iii. Judge reviews the idea of bail and sets a date for trial f. Discovery and pretrial motions i. In civil trials, each side is entitled to discovery-each side has a
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right to ask questions of the witnesses on each side and to look at documents for trial ii.
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