Exam 2 - Preliminary/ Evidentiary Vocab

Def of Arrest?

Taking into custody with the intent to charge with a crime

Def of Complaint ?

• must be approved by district justice

• becomes arrest warrant-provides authorization 2 arrest someone

• also known as indictment

what happens at an informal arrangement?

• aka preliminary arrangement

• infront of district justice

• def told charges

• def is informed of right to counsel

• bail is set-non murder charges

• def given notice of date time and place of prelimnary hearing

what happens at a preliminary hearing and where is the burden?

• before district justice

• burden of proof is on the prosecution

what happens at the formal arraignment?

• at court of common pleas

• def enters a plea to each information

what happens at a pre-trial conference?

• meeting of judge, prosecution, DA

• at a court of common pleas

• judge goes over- is there a trial, nature of case, plea or trial

Def of omnibus pre-trial motions and where is the burden?

• Pretrial litigation before a judge

• judge decides before trial what is allowed

• burden generally on party bringing the motion

what does a competency motion do and where is the burden?

• Filed by DA

• it asserts that their client isn't competent to go to trial

• burden on the DA to prove that their def isn’t competent bc competenc is presumed

what does a motion for a change of venire do?

• you want trier of fact to come from a diff jurisdiction

how does a motion to recuse do?

whichever side wants a diff arbiter of law from where the crime happened

What does a motion for discovery do ?

• DA motion

• asking for info before the trial

• def is allowed to have all inculpatory/exculpatory evidence

What does a motion for a bill of particulars do?

• DA motion

• highly detailed motion for discovery

what does a motion for reciprocal discovery do?

• Prosecution motion

• used when theres an insanity/alibi defense

• allows prosecution to extra prepare in advance for these powerful defenses

• if def files, the prosecution gets to know names and waht they’ll say, their credentials, M’Naghuten insane test results

  • bc either def is lying or they have wrong person and need to drop the charges

what does a motion to dismiss do?

• Da motion

• dismissing charges

• can be granted with or without prejudice

  • with - charges can never be refiled

  • without- if circumstances change, prosecution can refile

what does a motion to nolle pros do?

• prosecutor's motion

• motion to drop charges(nullify the prosecution)

• may be granted or denied but is usually granted

what does a Evidentiary motion do?

its a request for an advanced(before trial) ruling from the judge on the admissibility of evidence

what does a Bighum Motion do?

• motion to show defendants’ prior record

• DA is scared PROSEC will tell jury about defs prior record

• DA wants advanced ruling if that will be allowed

what are the 2 circumstances where a DEF prior record becomes admissible?

• Crimen Falsi crimes

• Modus Operandi

what are Crimen Falsi crimes and why could it trigger a Bighum motion?

• challanges a DEF credibility

• these are crimes of dishonesty

• if Prosec. wants to show jury that def. is dishonest= noncredible

what are Modus operandi crimes and why could it trigger a Bighum motion?

• refers to thee “identifier ie fingerprints

• appointed when the crime is so serious/unique that it requires getting fingerprinted

• Prosec. wants to show jury that perp has a pattern/signature

how does a judge decide on a Bighum Motion?

• Weighs probative value against prejudicial effect

• PA- how valuable is the prior record to prove that def. is lying on the stand OR to prove their identity in a modus operani case

• PE- jury shouldnt convict just bc of the prior record

what does a Motion in Limine do and who uses it?

• DA/Prosec can call

• asks for an advance ruling on the admissibility of evi based upon the relevance or reliability of that evi

• protects the chain of command of evi

what does a motion to suppress do and who calls it/has burden?

• challenges the lawfulness of the means by which the evi was obtained(constitutional rights were violated)

• always a defense motion

• burden shifts to Prosec. - preponderance of evi that they werent violated

what happens if a judge allows a motion to suppress?

• if prosec thinks that ruling =fatal case, then can appeal to Pa SCOTUS, SCOTUS, PA Superior Court

• trial is delayed and speedy clock stops for the appeal timeline

what happens if a judge denies a motion to suppress?

• def. can appeal only when they’ve been harmed by that ruling

• evi becomes admissible in trial

• def. isnt harmed till evi is admitted in court and they are convicted bc of it