LW202 CH.3

Criminal Complaint

a document filed with the court to initiate criminal charges. It must contain information establishing what crimes are charged, the geographical jurisdiction of the court, and that the statute of limitations has not run out. The name and address of the court and the prosecutor are also included.

Arraignment

is a court hearing where a defendant is formally charged with a crime and asked to enter a plea. The name of the defendant’s first court appearance varies depending on the state and may be called an _________

Inform the defendant what charges have been filed
Make sure the defendant has an attorney
Set bail
Enter a plea
Set the next court appearance

Purpose for Arraignment

Preliminary Hearing

is a mini-trial without a jury. The defendant is present with his or her attorney; the prosecutor represents the state.

Grand Jury

jury takes testimony, reviews evidence, and decides if the suspect should be charged with a crime. It cannot convict. ________ also have duties unrelated to criminal cases, primarily reporting on the efficiency and honesty of local government.

Jury Selection

The selection of impartial jurors to hear the case and render a verdict.

Peremptory Challenges: Limited dismissals without explanation.

Challenges for Cause: Unlimited dismissals if a juror shows bias

Types of Challenges

Order of Events in a criminal Trial

Testimonial Evidence

Physical Evidence

Demonstrative Evidence

Documentary Evidence

Evidence Juries Can Consider

Personal Biases or Unsupported Opinions

Media Reports or External Information

Attorney Arguments Unsupported by Evidence

Sympathy, Prejudice, or Public Opinion

Evidence juries cannot consider

New Trial or Acquittal
Appeal
Post-Conviction Relief
Sentence Modification or Clemency

Defense Options After a Guilty Verdict

Indictment

A formal charge or accusation of a serious crime, typically issued by a grand jury.

Suppression hearing

is to allow a judge to decide if evidence can be used at trial

Discovery

A pretrial process where both the prosecution and defense share certain information and evidence they plan to present at trial. Its purpose is to promote fairness, reduce surprises, and make the trial more efficient.

1. The defendant must have an attorney during plea bargaining if he or she would have the right to one at trial on the same charges.
2. No threats or promises can be involved in the plea bargaining process.
3. The defendant must have notice of the charges and the elements of each crime.
4. The defendant must be informed of collateral consequences, such as deportation, that may result from the guilty plea.’

Plea Bargaining

Impeachment

What is it called when the jury is charged with deciding who is telling the truth. Therefore, a witness may be cross-examined to show why he or she should not be believed.