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Questions and Answers
What is the main function of a grand jury?
What is the main function of a grand jury?
What does the term 'nolle prosequi' signify in legal terms?
What does the term 'nolle prosequi' signify in legal terms?
What is the role of a bail agent?
What is the role of a bail agent?
What does preventive detention aim to achieve?
What does preventive detention aim to achieve?
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What is the impact of pleading nolo contendere in a case?
What is the impact of pleading nolo contendere in a case?
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In what situations is release on recognizance (ROR) typically granted?
In what situations is release on recognizance (ROR) typically granted?
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How does the criminal justice funnel illustrate the legal process?
How does the criminal justice funnel illustrate the legal process?
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What does impeachment refer to in the context of the judiciary?
What does impeachment refer to in the context of the judiciary?
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What is the purpose of arraignment in the criminal process?
What is the purpose of arraignment in the criminal process?
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Under what circumstances will a judge typically deny bail?
Under what circumstances will a judge typically deny bail?
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How do grand juries and preliminary hearings differ?
How do grand juries and preliminary hearings differ?
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What recent reforms regarding bail have been implemented in jurisdictions like NY, NJ, and CA?
What recent reforms regarding bail have been implemented in jurisdictions like NY, NJ, and CA?
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What is the primary function of a grand jury in the criminal process?
What is the primary function of a grand jury in the criminal process?
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During a trial, what rights does the defendant have regarding their case?
During a trial, what rights does the defendant have regarding their case?
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What factors are considered when determining whether to grant bail?
What factors are considered when determining whether to grant bail?
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What stage follows after the arraignment in the criminal process?
What stage follows after the arraignment in the criminal process?
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What is the significance of Gideon v. Wainwright (1963)?
What is the significance of Gideon v. Wainwright (1963)?
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In Scott v. Illinois (1979), what condition must be met for a defendant to be sentenced to jail?
In Scott v. Illinois (1979), what condition must be met for a defendant to be sentenced to jail?
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What does the decision in Argersinger v. Hamlin (1972) imply about imprisonment?
What does the decision in Argersinger v. Hamlin (1972) imply about imprisonment?
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Which amendment grants the right to counsel in federal cases, as established in Johnson v. Zerbst (1938)?
Which amendment grants the right to counsel in federal cases, as established in Johnson v. Zerbst (1938)?
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What does the term 'case attrition' refer to in the judicial process?
What does the term 'case attrition' refer to in the judicial process?
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What does the Supreme Court ruling in United States v. Salerno (1987) say about bail?
What does the Supreme Court ruling in United States v. Salerno (1987) say about bail?
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Under what conditions did the Supreme Court rule in Powell v. Alabama (1932) regarding the right to counsel?
Under what conditions did the Supreme Court rule in Powell v. Alabama (1932) regarding the right to counsel?
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What distinguishes a nonpartisan election from a partisan election in the context of judicial elections?
What distinguishes a nonpartisan election from a partisan election in the context of judicial elections?
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Study Notes
Formal Screening
- Prosecutors make decisions to determine whether to pursue a case.
Arraignment
- After a grand jury or initial appearance determines sufficient evidence, the defendant is formally notified of the charges.
- The defendant enters a plea of guilty or not guilty.
Trial
- The prosecution presents their case, and the defendant can cross-examine witnesses.
- The defendant is not required to present evidence.
Sentencing
- The judge determines the sentence.
Appeals
- All defendants have the right to appeal.
Bail
- Bail may be denied if the judge believes the defendant poses a risk of flight or harm.
- If appearance is not a concern, and the defendant is not dangerous, they may be released on their own recognizance or required to post bail.
Recent Bail Reform Efforts
- Concerns about overcrowding and COVID-19 transmission led to reforms aimed at reducing pre-trial detention.
- Some jurisdictions eliminated bail for certain offenses (e.g., New York, New Jersey, California).
Grand Jury vs. Preliminary Hearing
- Both determine if enough evidence exists to charge a crime.
- Grand Jury: A group of citizens reviews the prosecutor's case and decides if there's sufficient evidence to bind the defendant over for trial. Serves as a check on government power.
- Preliminary Hearing: A judge determines probable cause to believe an offense was committed by the defendant. If established, the defendant is bound over for trial.
The Sixth Amendment
- Guarantees the right to legal assistance in criminal prosecutions.
Nolle Prosequi
- A prosecutor's formal declaration to abandon prosecution of a pending criminal charge.
Bail Agent
- A person or business that provides bail for arrested individuals awaiting trial.
- Charges a fee, typically a percentage of the bail, which is non-refundable.
- Guarantees the court that the defendant will appear for scheduled dates.
Criminal Justice Funnel
- Visual representation of how cases move through the criminal justice system (arrest, incarceration, conviction).
Preventive Detention
- Detaining a defendant before trial to prevent further criminal activity.
Nolo Contendere
- A plea where the defendant accepts punishment but doesn’t admit guilt.
- Often used to avoid civil liability.
Release on Recognizance (ROR)
- Allows a defendant’s release without bail, typically for minor offenses or traffic violations.
Impeachment
- The formal process of removing judges.
Case Attrition
- The loss of cases during various stages of the judicial process.
Landmark Supreme Court Cases on Right to Counsel
- Powell v. Alabama (1932): Established right to counsel in capital cases but not in non-capital cases unless the proceedings were fundamentally unfair.
- Johnson v. Zerbst (1938): All federal criminal defendants have the right to counsel, regardless of the case type.
- Betts v. Brady (1942): States not required to provide counsel to indigent defendants unless special circumstances existed.
- Gideon v. Wainwright (1963): Overturned Betts, requiring states to provide counsel for indigent defendants charged with felonies.
- Argersinger v. Hamlin (1972): No imprisonment for an offense unless the defendant is represented by counsel or knowingly and intelligently waives their right.
- Scott v. Illinois (1979): Defendant cannot be sentenced to jail without counsel unless they voluntarily waive their right.
Other Notable Cases
- Gerstein v. Pugh (1975): Defendants arrested and charged by information must have a timely preliminary hearing on probable cause.
- Brady v. Maryland (1965): Prosecutors can't conceal exculpatory evidence (evidence that could help the defendant).
- United States v. Salerno (1987): Bail can be denied altogether if the defendant is considered a threat to public safety.
Judicial Election Types
- Partisan Election: Judicial candidates are selected based on their political party affiliation.
- Nonpartisan Election: Candidates campaign without affiliation to a political party.
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Description
Explore the key components of the criminal justice system, including formal screening, arraignment, trial processes, sentencing, and appeals. This quiz also covers recent bail reform efforts and how they affect pre-trial detention and bail decisions. Test your knowledge on these critical legal concepts.
