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ANS:preliminary hearingREF:p. 176OBJ:048.A __________ is the dismissal of a prospective juror for unexplained, discretionary reasons.ANS:peremptory challengeREF: p. 185OBJ:119.To avoid stigma and labeling, ___________________ programs suspend criminal proceedings sothat the accused can participate in treatment under court supervision.ANS:Pretrial Diversion or DiversionREF: p. 183-184 OBJ:1010.If a verdict cannot be reached, the trial may result in a ________.ANS:hung juryREF: p. 194OBJ:11ESSAY1.Identify five innovative bail systems and describe how each works.ANS: Bail is a cash bond or some other security provided to the court to ensure the appearance of the defendant at every subsequent stage of the criminal justice process, especially trial. It is 438
Chapter 14: Crime and Justice in the New Millenniumtypically granted during a court hearing in felony cases, but in less serious cases can be handled in a variety of ways. The police field citation release is commonly used for misdemeanor chargesand is where an arresting officer releases the arrestee on a written promise to appear in court. A police station house release citation is used when the determination of the arrestee’s eligibility and suitability for release are deferred until after he/she has been removed from the scene of arrest. The Police/pretrial jail citation release is used when the arrestees eligibility and suitability for citation release is deferred until he/she has been delivered to the jail or other pretrial detention facility for screening, booking, and admission. Direct release programs streamline the release processes and reduce the length of the stay in detention, Finally, the police/court bail schedule is used when an arrestee can post bail at the station house or jail according to the amounts specified in a bail schedule.REF:p. 172-173OBJ:022.Compare and contrast the grand jury and preliminary hearing models.ANS: The role of the grand jury today is to act as an independent investigating body. It examinesthe possibility of criminal activity, issues a report called a presentment, and if probable cause exists, an indictment, or true bill, is affirmed. If no probable cause is found, a no bill is passed. The grand jury meets at the request of the prosecution, the hearings are closed and secret, and neither the defense attorney, the defendant, nor the general public are allowed to attend. As such, the process has been criticized as being a “rubber stamp” for the prosecution. The preliminary hearing is an alternative to the grand jury and takes place in about half the states. Several differences are seen in the preliminary hearing starting with the fact that it is open to the public and conducted by a magistrate or lower court judge. The defendant also has the right to waive proceeding in most states in the event that they have either decided to plead guilty, would like to speed up the criminal justice process or in hopes to avoid negative publicity.