DSST Criminal Justice

Guilty 90 of all defendants plead guilty at the

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Guilty – 90% of all defendants plead guilty at the arraignment b. Not guilty c. No contest (nolo contendere) – same as guilty in court, but not guilty in civil court protects from victim suing for damages d. Defendants can also not enter any plea (stand mute) which is treated as not guilty 75. Dismissal of case – dismissal of case without determining guilt or innocents a. Judge will dismiss for procedural error b. Or if he finds a mistake in the charges or the facts 76. Bench Trial – a trial with no jury, also called a court trial, relies on the judge to decide the outcome and sentence 77. Preliminary Hearing – judge decides probable cause based on the reasonableness test, and conclude based on the facts that the defendant committed the crime a. Evidence is presented and witnesses before a judge to examine merits of case b. Many defendants often decide at this point to plead guilty or to plea bargain to lesser charge 78. Grand Jury – serious crime punishable by death, imprisonment, hard labor, loss of civil or political privileges often will have an extra review of the facts by the grand jury before the filing of formal criminal charges a. Defendant cannot attend without permission b. If grand jury finds probable cause then it issues an Indictment 79. Charging Documents- a. Indictment – issued by grand jury b. 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
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Guilty 90 of all defendants plead guilty at the arraignment...

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