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Information usually filed by prosecutor in non grand

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Information - usually filed by prosecutor in non-grand jury cases c. Complaint - usually filed by prosecutor in non-grand jury cases 80. Motions – applications made to the court or judge requesting an order or ruling in favor of the applicant a. Defense attorney makes several motions at the pretrial proceedings seeking information about the prosecutors case or to suppress evidence b. Also used later as grounds for appeal 81. Voir Dire (“to speak the truth”) – prospective jurors are sworn by oath, each prospective juror must tell the truth regarding his or her qualifications and their fitness to serve… there was a question about Voir Dire, but it had to do with asking the a set number of questions… so research this one 82. Sentencing is the last step in the court process, usually prescribed by the judge, sometimes the jury a. In cases of no trial – sentencing occurs following the pre-trial or pre-sentencing investigation 83. Presentencing Investigation Report – generally prepared by the parole officer or the social working or private agency a. Report captures objective facts and data for the judge as a comprehensive overview of the defendant and recommends sentence 84. Indeterminate Sentencing – a prison sentence with both a minimum and maximum term (i.e.: 10-20 yrs) a. In the belief the offender can rehabilitate and get out early b. New legislation has appeared to limit early release b.i. Also due to disparity in sentence for same crime, especially of minorities 85. Post Conviction Remedies – an appeal - or request by either the defense or prosecution for the case to be reviewed by the higher court (an appeal) 86. 5 th Amendment prohibits double jeopardy or multiple prosecutions for the same offense and/or multiple punishments for the same crime a. If found innocent in one trial cannot be retried
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87. Status Crime- an offense which would not be illegal if the offender was not underage – i.e.: underage drinking and truancy a. Incorrigibility – when a child refuses to obey the reasonable lawful commands of their parents b. Crime preventative approach – concentrates on the advising and counseling juveniles; alternative to arrest c. When a juvenile is taken into custody for a status offense, the officer is acting in “loco parentis” means “in place of the parent”, not to punish but to protect the youth from harmful behavior… know this and d below, and the differences both are options on the same question d. Parens Patriae – Latin for “The State as Parent” - the state has a duty to care for children who are neglected or delinquent and assume role of parent if necessary e. Probation – most common formal sentencing for juveniles, intended to deter 88. Kent vs United States in 1966 – Supreme court ruled that courts must provide the essentials of due process in transferring juveniles to the adult system… know this 89.
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