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Questions and Answers
What is the main purpose of bail?
What is the main purpose of bail?
- To provide financial relief to the prosecution.
- To allow the defendant to avoid incarceration.
- To ensure the defendant returns for court appearances. (correct)
- To punish the defendant before trial.
What determines if bail can be denied to a defendant?
What determines if bail can be denied to a defendant?
- Whether the defendant is considered a flight risk. (correct)
- The duration of the trial.
- The defendant's financial status.
- The severity of the crime charged.
What does the burden of proof refer to in a criminal trial?
What does the burden of proof refer to in a criminal trial?
- The judge's discretion in deciding the case.
- The requirement for the defendant to present evidence.
- The need for both sides to provide equal evidence.
- The obligation of the prosecution to establish guilt. (correct)
What is the standard of proof required to establish guilt in a criminal trial?
What is the standard of proof required to establish guilt in a criminal trial?
What does pretrial detention mean?
What does pretrial detention mean?
What is a plea bargain?
What is a plea bargain?
What happens if a defendant does not appear in court after posting bail?
What happens if a defendant does not appear in court after posting bail?
What types of sentences can a judge impose after a guilty verdict?
What types of sentences can a judge impose after a guilty verdict?
What happens to offenders who have served their complete prison sentence and are flat timed?
What happens to offenders who have served their complete prison sentence and are flat timed?
How is the criminal justice system often metaphorically represented?
How is the criminal justice system often metaphorically represented?
What is a common reason people leave the criminal justice system before incarceration?
What is a common reason people leave the criminal justice system before incarceration?
At which stage of the criminal justice process do the fewest cases remain?
At which stage of the criminal justice process do the fewest cases remain?
What is the significance of describing the criminal justice system as a funnel?
What is the significance of describing the criminal justice system as a funnel?
Who determines the defendant's sentence at the federal level?
Who determines the defendant's sentence at the federal level?
What does the court's probation office prepare to assist in sentencing?
What does the court's probation office prepare to assist in sentencing?
In which circumstance may a federal court deviate from established sentencing guidelines?
In which circumstance may a federal court deviate from established sentencing guidelines?
What is the purpose of an appeal in the context of trial court decisions?
What is the purpose of an appeal in the context of trial court decisions?
Who is referred to as the appellant in a legal appeal?
Who is referred to as the appellant in a legal appeal?
What is typically included in an appellant's brief?
What is typically included in an appellant's brief?
Which court usually has the final word in a case unless further reviewed?
Which court usually has the final word in a case unless further reviewed?
What action is described by 'filing a petition for a writ of certiorari'?
What action is described by 'filing a petition for a writ of certiorari'?
What percentage of convicted offenders are incarcerated on any given day in the U.S.?
What percentage of convicted offenders are incarcerated on any given day in the U.S.?
What is one purpose of the corrections system?
What is one purpose of the corrections system?
What must an offender do to be released on parole?
What must an offender do to be released on parole?
Which circumstances require the Supreme Court to hear an appeal?
Which circumstances require the Supreme Court to hear an appeal?
What is one role of probation officers in the corrections system?
What is one role of probation officers in the corrections system?
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Study Notes
Pretrial Detention
- Suspects are typically released on bail, a financial guarantee ensuring court attendance.
- Bail is not constitutionally guaranteed; the constitution protects against excessive bail requirements.
- If deemed a flight risk, suspects can be denied bail and held in pretrial detention until trial.
Plea Bargaining
- An agreement between the prosecution and the defendant where the defendant pleads guilty to a lesser charge or sentence.
- A common practice, though controversial, due to its impact on the justice system.
Trial
- The purpose is to determine the defendant's guilt based on evidence presented.
- The American legal system is adversarial, with the prosecution proving guilt and the defense demonstrating innocence.
- The burden of proof lies with the prosecution, requiring guilt to be proven beyond a reasonable doubt.
Sentencing
- If the defendant pleads guilty or is found guilty, a judge (or jury) imposes a sentence.
- Possible sentences range from fines and probation to incarceration.
- At the federal level, sentencing guidelines are used, but judges can depart from them in unusual circumstances.
Appeal
- Trial court decisions can be appealed to higher courts to correct legal errors.
- A successful appeal may result in a retrial or dismissal of charges.
- The appellant must demonstrate a legal error that affected the outcome of the case.
Corrections
- Public protection and rehabilitation of offenders are the primary goals of corrections.
- The corrections system encompasses prisons, jails, probation, and parole.
- The system is massive, with millions of Americans under correctional supervision.
Release from the System
- Release can occur through parole with conditions or full completion of sentence.
- Parole involves supervision and limitations placed on the offender.
The Criminal Justice Funnel
- The system operates like a funnel, with fewer cases moving forward at each stage.
- Cases may drop out due to informal resolution, prosecutorial decisions, or alternative sentencing options.
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