Criminal Courts and Law -- Final

arrest

when law enforcement takes an individual who has been suspected for committing a crime into custody to face charges for the crime

issuance of a citation

a notice to appear given to a suspect that allows a suspect to avoid being taken into custody by agreeing to appear in court at a future date

1. Pursuit of a fleeing felon

2. There is a likelihood of imminent harm to an officer or others

3. There is a likelihood of destruction of evidence

What three circumstances could exist to justify a warrantless arrest at an individual’s home?

exclusionary rule

an evidentiary rule that prohibits introducing evidence that was illegally obtained by law enforcement at trial

“fruit of the poisonous tree” doctrine

extends this prohibition to evidence found because of the initial illegal search and seizure

1. Cruel and unusal punishment

2. Excessive fines

3. Excessive bail

What three things are prohibited by the Eighth Amendment?

Hears evidence presented by the prosecutor alleging a suspect has committed a crime

What happens in a grand jury proceeding?

Find probable cause that the suspect committed a crime, they issue a true bill and the suspect is indicted

What is the grand jury’s purpose?

Involve judges hearing evidence to determine if there is probable cause to support charges being brought against a suspect (also known as the probable cause hearing)

What happens in a preliminary hearing?

Prosecutors must turn over an exculpatory evidence to the defense during discovery

What did the Court hold in the case Brady v. Maryland (1963)?

Evidence that is material and tends to prove a defendant is not guilty of the offense charged

Why is exculpatory evidence important?

plea bargaining

Provided to a defendant that essentially gives them a shorter sentence than the original sentence that would be given to the defendant without it

1. Charge bargaining

2. Sentence bargaining

3. Substitution bargaining

4. Condition bargaining

What are the four different types of plea agreements?

Save time and resources for the prosecutors

What are two potential advantages of plea agreements?

Defendants lose important rights and there is a risk that prosecutors could overcharge the defendant

What are two potential disadvantages of plea agreements?

nolo contendere

“I do not desire to contest the action”

nolo contendere plea

a guilty plea where the defendant does not contest the crime

Discretion; believes that the plea agreement could cause risk to the public

Why might a judge decide to deny a plea agreement negotiated between a prosecutor and a defendant/defense counsel?

1. Intelligence and understanding

2. Voluntariness

3. Factual basis

What are the three elements of a valid plea agreement?

1. Strength of the state’s case

2. Seriousness of the offense

3. Defendant’s criminal record history

What are the three factors a prosecutor may consider in their plea agreement offer?

1. Coercion by the prosecutor

2. Prosecution fails to meet their end of the bargain

3. Unconstitutional conduct on the law enforcement officials’ part

What are three potential reasons a defendant may be able to successfully challenge a previously entered plea agreement?

Face non-petty criminal charges (charges with punishment that can include six months incarceration or more)

When is an individual entitled to a jury trial?

bench trial

a trial where the judge serves the fact finding role that the jury normally serves

Multiple reasons

Why might a defendant choose to have a bench trial instead of a jury trial?

voir dire

the jury selection process

peremptory challenge

a challenge to seating a juror for almost any reason

a for cause challenge

a challenge to seating a jury because of potential bias

Race and gender

What are two limitations on peremptory challenges?

1. There must be an overriding interest to close the trial to the public

2. The closure is no broader than necessary

3. Reasonable alternatives have been considered

Explain the three-prong test that the Supreme Court created in Waller v. Georgia to examine if it is appropriate to close a trial to the public

jury nullification

the jury ignoring or not correctly applying the law when a defendant should be found guilty as a matter of law

jury vilification

the jury convicting a defendant out of bias or prejudice when the defendant should not have been found guilty as a matter of law

Beyond a reasonable doubt

What is the standard of proof that a jury must find exists to convict a defendant of criminal conduct?

hung jury

occurs when a jury cannot reach a verdict that is unanimous; results in a mistrial

“Allen charge”

an instruction for the judge for the jury to continue deliberating to try to reach an unanimous verdict

1. Rehabilitation or reformation

2. Retribution

3. Incapacitation

4. Deterrence

What are the four goals of sentencing?

rehabilitation

a planned intervention with the intention to change behavior

retribution

designed to punish criminals for the severe crimes they committed

incapacitation

amounts to remove criminals from society, usually through incarceration so they will be unable to repeat their criminal activity

deterrence

designed to discourage would-be criminals from committing crime

probation

suspended sentence a judge gives before prison that has a lot of rules and regulations; if those regulations are broken, then they will be sentenced to jail or prison

Furman v. Georgia

In which case did the Supreme Court rule that the death penalty was being carried out in an unconstitutional manner (cruel and unusual punishment) at that time?

1972

What year was Furman v. Georgia decided?

Gregg v. Georgia

In which case did the Supreme Court reinstate the death penalty?

1976

What year was Gregg v. Georgia decided?

bifurcated trial

a criminal trial in which issues relevant to the case (e.g., guilt and punishment, guilt and sanity) are tried separately

aggravating factors

an increase of the seriousness or the outrageousness of a given crime

mitigating factors

a reduction of the seriousness or outrageousness of a given crime

Served at the same time; served in a sequence with the other sentence

What is the difference between concurrent and consecutive sentences?

habeas corpus

“you have the body;” a form of collateral attack that allows someone to challenge the constitutionality of his or her confinement

Exhausted their appellate rights but have facts or evidence demonstrating the unconstitutionality of their conviction or sentence

When would a defendant file a habeas corpus petition?