Class Notes

Class Notes - After charged with a crime o There is an...

Info iconThis preview shows pages 1–3. Sign up to view the full content.

View Full Document Right Arrow Icon
10/26/10 After charged with a crime… o There is an initial hearing o Once the charge is done it gets to the person by warrant or summons Warrant: probably cause has to be presented to a judge who decides the amount of bail will be for charge Summons: a judge has to find probable cause; sent through mail and gets a court date Felonies o Judge does have to find probable cause Misdemeanors o Judge doesn’t have to find probable cause Info must contain o Date of offense o Jurisdiction for offense o Elements of offense (what comprises the crime of robbery for example) o Has to be specific enough for the person charged to understand what they are being charged with After charging info goes out… o There is an initial hearing within 48 hours o Judge will ask if defendant understands charge and penalties and rights o Ask if they are going to hire a lawyer or need to be appointed a lawyer Why is it important to have a lawyer? o Because it’s a basic fundamental constitutional right Felony o Always entered as not guilty o Judge isn’t going to let someone plead guilty because it’s not fair Misdemeanor o Can plead guilty o Also entitled to a jury trial but have to ask for it in a certain amount of time Discovery o After you’ve been informed of the charges, the state gives you or your defense lawyer what the state has to prove the charges against you First rule: state has to give you anything that is potentially exculpatory (anything that could show that you have not committed the crime or would be found not guilty) At a crime scene there is always something left and there is always something taken (whether it’s intentional or not) Lie detector tests are not reliable o Private businesses use them on the theory they can find out certain things and ask other questions Not easy to get fingerprints off of a surface o Don’t last very long on some things (cloth) o Last long on other things (glass)
Background image of page 1

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
Prosecutor must give all evidence The prosecutor is deemed to know what the police know *The defense doesn’t have to tell the prosecutor whether or not the defendant is going to testify* Insanity doesn’t exist outside of the legal field; it’s a legal term o Can be found: Guilty, but mentally ill Not guilty by reason of insanity (placed in a mental institution until not insane anymore and released); not common 10/28/10 Purpose of a grand jury to listen to all evidence and decide whether guilty or not guilty Grand jurors, judge, prosecutors in there; the prosecutor presents evidence to grand jury
Background image of page 2
Image of page 3
This is the end of the preview. Sign up to access the rest of the document.

{[ snackBarMessage ]}

Page1 / 6

Class Notes - After charged with a crime o There is an...

This preview shows document pages 1 - 3. Sign up to view the full document.

View Full Document Right Arrow Icon
Ask a homework question - tutors are online