Study Guide 2

Study Guide 2 - Study Guide 2 CRIM100 Topics Based on...

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Study Guide 2: CRIM100 Topics Based on Lectures, Readings, Discussion and Research 1. The American Courts Are they centralized? Decentralized? Decentralized : Operated, controlled, and funded by local communities, not a statewide administration. Most state and county courts are decentralized. 2. What is meant by: Challenge for cause ( by an attorney during jury selection.): Removal of a prospective juror by showing that he or she has some bias or some other legal disability. Number available to attorneys unlimited Peremptory Challenge: Removal of a prospective juror without giving any reason . Attorneys allowed a limited number of these. 3. Bail: Amount of money, specified by a judge, to be paid as a condition of pretrial release to ensure that the accused till appear in court as required. Normally determined 24-48 hours after the arrest What is it based on? Judge’s view of the seriousness of the crime and of the defendant’s record. Judge might set a high bail if the police or prosecutor wants the accused off the streets. Decisions also influenced by prosecutor’s recommendations and defense attorney’s counterarguments about defendant’s standing in society Percentage of defendants released on bail increased b/c of pretrial release methods: 1. Citations: Written order or summons issued by a law enforcement official, directing an alleged offender to appear in court to answer a criminal charge 2. Release on Recognizance (ROR): Release pretrial based on judge’s opinion that the accused has enough ties to the community to ensure that they will not skip out on their trial 3. Ten Percent Cash Bail: Defendants give a percentage of full bail to the court. If they fail to appear, full amount is required. If they do appear, they get it back post-trial.
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Purpose: Assure the attendance of the defendant, when his or her presence is required in court, whether before or after conviction. Bail is not a means of punishing a defendant, nor should there be a suggestion of revenue to the government. Know the relationship between bail and the Eighth Amendment. Eighth Amendment prohibits excessive bail Also, bail is consistent with the American concept that one is innocent until proven guilty, and therefore should not be punished by sitting in a jail cell when they have not yet been convicted. For federal criminal cases, Congress enacted the Bail Reform Act of 1984 , authorizing preventative detention Holding a defendant for trial, based on judge’s finding that if the defendant were released, he’d be a harm to society or would flee 4. Judges What are the various roles of judges and what are they responsible for, especially in a jury trial. 1. Adjudicator: Must assume a neutral stance in overseeing contest b/w prosecutor and defense Must apply the law in ways that uphold rights of the accused in decisions about detention, plea, trial, sentence Receive certain amount of discretion (such as with bail decisions), but must do so according to the law Avoid any contact that would appear biased
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This note was uploaded on 02/26/2012 for the course CCJS 100 taught by Professor Gaston during the Fall '07 term at Maryland.

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Study Guide 2 - Study Guide 2 CRIM100 Topics Based on...

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