20 Questions
What is the forceful detention of a person known as?
Custody
What is considered a necessary part of an arrest?
Seizure or detention
What gives police officers the authority to place citizens under custodial arrest?
State laws
What is one of the four elements that must be present for an arrest to take place?
The intent to arrest
What is included in an arrest warrant?
Suspect's name and suspected crime
When is a full-body search conducted during booking procedures?
To ensure no weapons or drugs are brought into the holding cell
What does the Miranda warning include?
Right to remain silent and right to an attorney
When is Miranda warning required?
When the suspect is in custody and subjected to custodial interrogation
What are the typical verdicts issued by the jury?
Guilty or not guilty
What does a hung jury lead to?
A mistrial
What does double jeopardy refer to?
Risking a person's life or liberty twice
What do good time and truth-in-sentencing laws aim to regulate?
Time served by prisoners
What is the typical number of persons in a typical American jury?
12
What is the aim of jury selection in a criminal trial?
To produce a representative cross section of the population
What is the prosecution's task in a criminal trial?
To establish guilt beyond a reasonable doubt
What is the purpose of closing arguments in a criminal trial?
To summarize and argue for each side's case
What is the purpose of the preliminary hearing?
To determine if there's enough evidence for the case to proceed to trial
What is the purpose of the arraignment hearing?
Where the defendant pleads guilty or not guilty after the charges are announced
What is the purpose of the grand jury's decision?
To decide if there's probable cause for the defendant to stand trial and issue an indictment if so
What is the purpose of plea bargaining?
To work out a mutually satisfactory disposition of the case after arraignment
Study Notes
Criminal Justice Process Overview
- Initial appearance is the first step after an arrest, where the defendant is informed of the charges and their rights.
- Bail is often required for release, but release on recognizance (ROR) is an option for those who cannot afford bail.
- A grand jury decides if there's probable cause for the defendant to stand trial and issues an indictment if so.
- Preliminary hearing determines if there's enough evidence for the case to proceed to trial; it's a right for every person arrested.
- Arraignment is a hearing where the defendant pleads guilty or not guilty after the charges are announced.
- Plea bargaining, after arraignment, is a process where the accused and the prosecutor work out a mutually satisfactory disposition of the case.
- Pleading not guilty is common at arraignment, even when evidence seems strong, for various strategic reasons.
- The Sixth Amendment guarantees the right to a jury trial for people accused of a crime.
- Prosecutors and defense attorneys may favor a trial for strategic reasons or public pressure.
- Plea bargaining accounts for 97% of criminal convictions in state courts.
- Bail is paid by the defendant to the court and retained by the court until the defendant returns for further proceedings.
- The Eighth Amendment requires that the amount of bail should be reasonable relative to the seriousness of the wrongdoing.
Test your knowledge of the criminal justice process with this overview quiz. Explore key steps from initial appearance to plea bargaining and understand the rights and procedures involved in the legal system.
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