Chapter 10

Question 1

What happened in Riley v. California

Answer 1

• Supreme Court stated that police may not without a warrant search go through digital information on a cell phone seized from an individual who has been arrested
  Cell phones has a lot of personal info- making search of data a significant intrusion on privacy

Question 2

Gideon v. Wainwright 1963

Answer 2

Facing any sort of incarceration or loss of liberty- you have to be represented by attorney

Question 3

Define bail

Answer 3

form of security, usually a sum of money that is put up or exchanged to secure the release of an arrested person before the trial begins

Question 4

What amendment prohibits both cruel and unusual punishment and excessive bail?

Answer 4

Eight Amendment

Question 5

What are the 5 alternative bail mechanisms

Answer 5

• Police field citation release
  
  • Police station house citation release
  • Police/pretrial jail citation
    release
  • Pretrial/court direct release by
    pretrial bail program
  • Police/court bail schedule

Question 6

Pretrial Detainees

Answer 6

People who are either denied bail or cannot afford to post bail before trial and are kept in secure confinement

Question 7

Compared to pretrial detainees and those who commit similar crimes what happen

Answer 7

○ More likely to be convicted and get longer sentences than those who commit similar crimes but are released on bail

Question 8

What has bail reform resulted in

Answer 8

• the use of release on recognizance to replace money bail for non-dangerous offenders
  
  • Also efforts to tighten most dangerous offenders

Question 9

What are the 6 types of bail?

Answer 9

• Release on recognizance- trust that you will come back for trial; no money (double check this)
  
  • Full cash bail
  • Deposit bail
  • Surety bail
  • Conditional bail
    Unsecured bond

Question 10

Describe prosecutorial discretion

Answer 10

Lot of decisions done by prosecutor - a prosecutor decided if they don’t want to move forward

Question 11

Why would a prosecutor not want to move forward?

Answer 11

○ Insufficient evidence
○ Witness problems- issues with memory- as time goes on forgets what they see specifically exact facts especially when trials takes place months after
○ Interest of justice- it’s not a big problem to waste the courts time
○ Due process- constitutional laws/rule were not follow
○ Pre-trail diversion/ intervention-

Question 12

How do they determine which defendants can be safely released on bail pending trial?

Answer 12

§ Gather and verify info about arrestees
§ Assess likelihood of failure to appear/arrest
Provide supervision on defendants

Question 13

What occurs during the grand jury stage?

Answer 13

○ Presentment
Indictment

Question 14

What occurs during preliminary hearing?

Answer 14

○ Magistrate
○ Evidence
○ Cross-examination
Waiving the preliminary hearing

Question 15

What occurs during arraignment

Answer 15

informed of the charges and appoints counsel (if they don’t have it yet)

Question 16

What are the three things you can plead at arraignment?

Answer 16

○ Guilty
○ Not guilty
Nolo contendere- to not admit guilt but treats it like a guilty plea

Question 17

What can plea bargains be made in exchange for

Answer 17

○ A reduced sentence
○ Dropping charges
○ Lowering charges
○ Substituting a negative charge for one with more social acceptable connotations
§ Socially acceptable connotations- sex offenders= endangering the welfare of a child
□ Endangering the welfare of child- negligence

Question 18

why are plea bargains favorable

Answer 18

• Overall costs reduced
  
  • Administrative efficiency of the courts are improved
  • Prosecution can devote more time to serious cases
  • Defendants avoid possible detention and an extended trial and may receive a reduced sentence
    Resources can be devoted more efficiently to cases that need more attention

Question 19

Plea bargains cons

Answer 19

• Defendants waive constitutional right to trial
  
  • Dangerous offenders- received lenient sentences
  • Innocent person will be convicted of crime
  • Prosecutors are given a free hand
  • Possible that innocent persons will admit guilt
  • A guilty- plea culture

Question 20

List some reasons how false confessions occur

Answer 20

• Coercion:
  ○ Pushing you to say something
  
  • Duress
  • Diminished capacity- low IQ
  • Mental impairment
  • Ignorance of the law
  • Fear of violence
  • Actual infliction of harm
  • Threat of a harsh sentence
    Misunderstanding of a sentence

Question 21

What are the legal issues of plea bargaining

Answer 21

· Effective assistance of counsel
* Pleas must be made voluntarily.
* Prosecutor promises must be kept.
* Defendant promises must be kept .
* Due process rights must not be violated.
* Guilty pleas from persons who claim innocence are valid.
* Use of plea bargaining statements at trial
* Flawed advice from a defense attorney that leads to rejection of a plea
deal can for the basis of an ineffective assistance of counsel claim.
-

Question 22

A court will not accept a guilty plea unless

Answer 22

○ The defendant has been properly advised by counsel
AND The court has determine that the plea is voluntary and has factual basis

Question 23

Role of the defense counsel in plea bargaining

Answer 23

• Advisory
  
  • Explanatory
    Informative

Question 24

Role of the judge in plea bargaining

Answer 24

• Not straightforward; should be supervisory or enter into the negotiation process, itself

Question 25

Does the victim has a role in plea bargaining

Answer 25

no

Question 26

What are diversion programs

Answer 26

offering a criminal defendant the ability to enter a treatment program instead of a criminal trial continues to be used throughotu the United States

Question 27

what are the common goal of a diversion program

Answer 27

○ To constructively bypass criminal prosecution by providing a reasonable alternative in the form of treatment, counseling, or employment programs

Question 28

What are the components of a trial

Answer 28

- Impartial judge - Right to be competent - Confront witnesses - Compulsory process - Impartial jury - Counsel - Speedy trial - Public trial Convicted by proof beyond a reasonable doubt

Question 29

What are pretrial procedures?

Answer 29

important components of the justice process, as many cases are resolved informally during this stage and do not go to court.

Question 30

What occurs after arrest with the accused?

Answer 30

the accused ordinarily goes to the police station where police list the possible criminal charges and obtain information for booking.

Question 31

Until when is the arrestee detained by the police?

Answer 31

until it is decided whether a criminal complaint will be filed

Question 32

what is a criminal complaint

Answer 32

the formal written document identifying the criminal charge, the date and place where the crime occurred, and the circumstances of the arrest.

Question 33

During arraignment what does the judge inform the defendant of the charge?

Answer 33

ensures that the accused is properly represented by counsel, and determines whether he should be released on bail or some other form of pretrial release.

Question 34

Can a judge deny a bail?

Answer 34

yes

Question 35

is there a legal right to bail

Answer 35

yes

Question 36

Who is pretrial detention for

Answer 36

A defendant who is not eligible for bail or release on recognizance is subject to

Question 37

Define release on recognizance

Answer 37

released without bail upon their promise to return for trial.

Question 38

What do reform programs defend on

Answer 38

defendant's recognizance, instead of on financial ability

Question 39

Define pretrial services

Answer 39

Programs that gather information to assess each arrestee’s likelihood of failure to appear and provide supervision for defendants conditionally released.

Question 40

What do specialized pretrial services help courts deal with

Answer 40

court congestion

Question 41

What are pretrial diversions called in Nj

Answer 41

Pretrial intervention or conditional dismissal

Question 42

define preponderance of the evidence

Answer 42

to prove that something is more likely than not

Question 43

writ of habeas corpus

Question 44

True bill

Answer 44

action by a grand jury when it votes to indict an accused suspect;

Question 45

No bill

Answer 45

is the action by a grand jury when it votes not to indict an accused suspect.

Question 46

Difference between Grand jury and preliminary hearing

Answer 46

In Grand Jury it's a closed hearing with a bunch of civilians and only prosecutor presence In Prelimary Hearing in front of judge and defense attorney and prosecutor presence and judge searches for probable cause

Question 47

voir dire define

Answer 47

jury selection done by lawyers

Question 48

What are 2 challenges during jury selection?

Answer 48

- Challenge for cause - Peremptory Challenge

Question 49

Define challenge for cause

Answer 49

Dismissal of juror because they are biased or cannot be impartial Must provide reason No limit on number

Question 50

Define peremptory challenge

Answer 50

Dismissal of juror WITHOUT needing to provide reason Limited number allowed per side Used when attorney doesn't want someone on jury but can't prove bias

Question 51

What are the 2 examinations during trial

Answer 51

Direction and cross examination

Question 52

Direct examination define

Answer 52

Questioning of witness by attorney who called that witness to testify

Question 53

Cross examination

Answer 53

Questioning of witness by opposing attorney Used to challenge testimony or credibility

Question 54

Define jury nullification

Answer 54

Jury acquits defendant despite evidence of guilt Usually because jury believes: Law is unjust, OR Law shouldn't be applied in that particular case

Question 55

Writ of Habeas Corpus

Answer 55

Asks court to: Release person, OR Give legal reasons for incarceration

Question 56

Define full cash bail

Answer 56

Defendant pays full bail amount Returned if defendant appears for trial

Question 57

Deposit bail

Answer 57

Defendant pays percentage of bail amount Most returned if defendant appears

Question 58

Define surety bail

Answer 58

Bail bond company posts bail Defendant pays non-refundable fee (typically 10%)

Question 59

Conditional Bail & give examples

Answer 59

Released under special circumstances/conditions Examples: GPS monitoring anklets, house arrest, drug testing