05 Courts and Criminal Case Processing Free Online FlashCards

What legal basis is generally required for an arrest?

Probable cause is a legally sufficient basis to believe a person committed an offense. An arrest is not proof of guilt.

What does a charging document establish?

A complaint, indictment, or information states the allegations against the accused. None establishes that the accused committed a crime.

What happens at an initial appearance?

At an initial appearance, a judge or magistrate judge informs the defendant of the charges and rights, addresses access to counsel, and considers release or detention.

What risks may a detention hearing examine?

A detention hearing may examine risks such as failure to appear or danger to others or the community.

Does pretrial release always require paying money?

Pretrial release may involve a promise to return, conditions, or a financial bond; detention may also be ordered when permitted by law. Release and detention are not findings of guilt or innocence.

What does the defendant do at arraignment?

At arraignment, the court formally presents the charges and asks the defendant to enter a plea, commonly guilty or not guilty.

What question does a preliminary hearing typically address?

A preliminary hearing typically examines whether sufficient evidence, often probable cause, supports proceeding. It is not a trial on guilt.

What can a pretrial motion ask a judge to do?

Pretrial motions may ask a judge to exclude evidence, decide a legal question, or dismiss a charge.

What is plea bargaining?

Plea bargaining is negotiation between the prosecution and defense over a proposed resolution, such as a plea to fewer or different charges or a sentencing recommendation.

What is the prosecution’s burden of proof at trial?

The prosecution must prove every element of the charged offense beyond a reasonable doubt. The defendant is presumed innocent and need not prove innocence.

Who decides the facts in a jury trial versus a bench trial?

In a jury trial, jurors assess the evidence and decide whether guilt was proved. In a bench trial, the judge decides the facts as well as legal questions.

How do the prosecutor’s and defense counsel’s roles differ?

The prosecutor represents the government, evaluates evidence, pursues charges, and presents its case. Defense counsel represents the defendant, tests the prosecution’s evidence, and protects the defendant’s rights.