Test Tomorrow 1/9/13
Unit 2 Ch 13-15 Review
-
What happens at
the initial appearance?
o
Defendant is
informed of charges, given attorney, set bail
-
What are the four
options for bail/pretrial release?
o
Bail, no bail,
conditional release, release on personal recognizance
-
What happens at
the preliminary hearing?
o
A judge
determines if there is enough evidence to have a trial
-
What happens at a
grand jury hearing?
o
A jury determines
if there is enough evidence to have a trial
-
What is an
indictment?
o
When defendant is
formally charged with a crime
-
What happens at
an arraignment?
o
A defendant
enters a plea
-
What is the next
step before trial?
o
Pretrial motions
-
What is Plea
Bargaining?
o
When the
defendant and prosecutor negotiate and agree on what the defendant will plead
guilty to
-
Name two examples
of due process rights
o
Trial by jury,
cross-examine witnesses, public trial, informed of charges, attorney
- In
what type of trial are juries required?
o
Criminal
- What
is a court order requiring a witness to testify called?
o
Subpoena
- What
does the Fifth Amendment provide?
o
Freedom from self-incrimination
- What
does the 6th Amendment provide?
o
Right to confront witnesses and ask them
questions, right to Attorney
- In
a civil trial if you cannot afford an attorney what happens?
o
Courts are not required to provide attorney’s
for civil trials
- What
is a peremptory Challenge?
o
One side may remove a juror for any reason which
they do not have to state
- What
is the one reason why you may not exclude someone using a peremptory?
o
Race
- How
would you remove a potential juror if they were related to the prosecutor?
o
Removal for cause
- Name
three of the four purposes for punishment
o
Retribution, deterrence, rehabilitation,
incapacitation
- If
a person is released from prison before the end of their sentence what happens
to them?
o
They go on parole
- Where
are felons generally held?
o
Prison
- Where
are persons awaiting trial and serving short sentences held?
o
Jail
- What
is a suspended sentence?
o
The sentence does not have to be served now, but
may be later if they are rearrested
- What
does the probation dept. prepare in order to help the judge make a sentencing
decision?
o
Presentence report
- In
Capital Punishment cases judges are now required to consider what two things?
o
Aggravating and Mitigating circumstances
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