Chapter 2: Overview of the Criminal Justice System - Study Flashcards

A set of Q&A flashcards covering key topics from the Chapter 2 notes on the overview of the criminal justice system.

Under which Amendment are defendants entitled to a lawyer at plea bargaining?

Sixth Amendment

Who decides and imposes sentences in most states?

The judge

What document leads to the issuance of an arrest warrant?

Complaint (or affidavit)

What triggers the criminal justice process in the great majority of cases?

Police report

What is the procedure by which law enforcement records facts about the arrest, identification of the suspect, and other pertinent facts called?

Booking

Which source do 23 of the 50 states use as the sole source of names for jury duty?

Voter registration

What is the proceeding shortly after arrest where warnings are given and bail is set called?

Initial appearance

What are the three main purposes of a preliminary hearing?

1)  Determine if a crime was committed
2) Determine if there is probable cause to hold the defendant
3)Decide whether to bind the defendant over for trial

What is the formal court proceeding in felony cases where the defendant is officially notified of the charges and asked to enter a plea?

Arraignment

What is a question that suggests to the witness for the desired answer called?

Leading question

What is the plea of nolo contendere and how does it differ from a guilty plea?

Nolo contendere has the same effect as a guilty plea, but cannot be used against the defendant in a civil action involving the same event

What is a written accusation prepared by a prosecutor called?

Indictment

What are three truths regarding a motion for a mistrial?

Motion for acquittal; motion for direct verdict; motion for a mistrial

What is a venire?

A group of prospective jurors assembled according to procedures established by state law

Which writ allows convicts to challenge their convictions after exhausting all their appeals?

Writ of habeas corpus

What is not a possible jury verdict?

Maybe guilty

What percentage of arrests are made without a warrant?

95%

Name two U.S. Supreme Court cases concerned with plea bargaining.

1) Brady v. United States (1970)

2) Santobello v. New York (1971)

The dismissal of a juror based on reasons specified by the law is known as what?

Challenge for cause

Evidence which tends to establish innocence is known as what?

Exculpatory

Evidence which tends to establish guilt is known as what?

Inculpatory

A complaint has been filed and presented to a judge who found probable cause

Arrest with a WARRANT

Usually occurs when the crime is committed in the presence of an officer

Without WARRANT

What’s an order issued by a court or law enforcement officer requiring a person to appear in court a specified date to answer certain charges?

Citation

A writ directed to the sheriff or other officer requiring the officer to notify a person that they must appear in court on a day named and answer the complaint (warning)

Summons

An arrest warrant issued by a judge for failing to comply with a previous court order

Bench Warrant

Miranda Warnings

1) You have the right to remain silent

2) Anything yousay can beused against you in court

3)You have the right to an attorney.

4) If you cannot afford an attorney, one will be provided for you

5) You have the right to terminate this interview at any time

An accused’s response in court to the indictment or info

Plea

A plea in which the defendant claims innocence yet pleads guilty for other reasons

Alford Plea

3 kinds of plea in modern criminal justice:

1) Nolo Contendre- defendant accepts punishment without admitting guilt

2) Not guilty

3) Guilty

a negotiation between a prosecutor and a defendant where the defendant agrees to plead guilty or no contest to a crime in exchange for some concessions from the prosecutor, like a lighter sentence or reduced charges

Plea Bargaining

a process of determining whether a juror can serve fairly and impartially in a given case by asking the juror various questions.

Voir Dire (to speak the truth)

A legal right in jury selection for the attorneys to reject a certain number of potential jurors or judges without stating a reason.

Preemptory challenge

Process by which the jury finds the defendant not guilty, for no reason or for any reason at all

Jury Nullification

The current trial is terminated and the case may be retried

Hung JUry

the legal process to ask a higher court to review a decision by a judge in a lower court (trial court) because you believe the judge made a mistake

Appeal

Case that shows enough evidence to make the claim believable

Prima Facie (At first glance)