Essay about Criminal Procedure

Name: Maggie leever
Hour: 4th
PRE-TRIAL PROCEDURE

1. What are two possible events that could occur during preliminary proceedings of a criminal case which would not result in a trial?

2. What are the two ways a police officer can legally arrest someone?

3. What is booking? Describe this process in full detail.

4. What happens in a lineup?

5. Generally how long after an arrest will the defendant make their initial court appearance? In detail, describe this process for a misdemeanor case. How does this process differ for a felony case?

6. What is bail and what is its purpose?

7. Why might a judge deny bail?

8. What options are available for paying bail?

9. What condition must be met for a court to release a defendant on a personal bond? What is this also called?

10. What is the typical fee that a bail bond agency charges? What is an important condition of this fee?

11. What happens if a person released on bail fails to return?

12. What must a prosecutor have to bring a defendant to trial? How is this officially determined?

13. What are the two types of probable cause hearings? How are they fundamentally different? What determines which one will be utilized?

14. What defendants are not entitled to a probable cause hearing?

15. How can a preliminary hearing resemble a trial?

16. How many people compose a grand jury?

17. Who is barred from a grand jury proceeding?

18. Roughly how many states regularly use grand juries instead of preliminary hearings?

19. Where are grand juries always used?

20. If a judge or grand jury decides that probable cause exists, what is the next step in the pretrial process?

21. Compare and contrast an indictment to an information.

22. What happens at an arraignment?

23. If a defendant pleads guilty, what happens next?

24. What happens if a defendant does not plead guilty?

25. What is a bench trial?

26. Explain how a no contest plea works.

27. What is a plea bargain?

28. How can plea bargaining be considered practical? How could it be considered controversial?

29. Approximately how many criminal cases end up going to trial?

30. Are plea bargains typically more generous in the early or later stages of prosecution? Why?

TRIAL PROCEDURE

31. What is a trial? A public process whereby parties involved in a legal dispute ask a judge, and often a jury, to decide the outcome of their legal matter.

32. What are the various responsibilities associated with being a judge? Settle all disputes during a trial,make all practical decisions, make sure the trial is fail, decide all questions of law and questions of fact, sentence individuals convicted of crimes, determines probable cause, issues arrest and search warrants, and has the final word on everything that happens in the court room.

33. What is a prosecutor? A government employee and attorney given the responsibility of bringing suspects to trial on behalf of the victim.

34. Why is the prosecutor considered the most powerful figure in the criminal justice system? They have absolute discretion in deciding who to charge with a crime, what charges to file, when to drop the charges, wheather or not to plea bargain, and how to allocate presentational resources.

35. What are the main responsibilities of a defense attorney? To speak, present evidence, and question victims on behalf of the defendant.

36. Why are defense attorneys still ethically compelled to represent their defendants even if they know they are guilty? They center on what the prosecution can and must prove.

37. What do court reporters do? Document every word of the opening court proceedings. What do they produce that becomes the official record of the trial? A

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