Criminal Procedure: Arrest Warrants and Arraignment
46 Questions
0 Views

Choose a study mode

Play Quiz
Study Flashcards
Spaced Repetition
Chat to lesson

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

What is the origin of the term 'grand' in 'grand jury'?

  • It is an abbreviation of 'grandeur' meaning importance
  • It is named after a famous French judge
  • It is derived from the French word 'grande' meaning large (correct)
  • It is a corruption of the Latin word 'grandis'

    • What is the primary purpose of sending cases to a grand jury?

  • To determine the sentence of the defendant
  • To allow an independent hearing of the case by a group of the suspect's peers (correct)
  • To decide on the charges to be pressed
  • To deliberate on the evidence presented

    • In which cases is a grand jury required?

  • In local jurisdictions, such as the County or State
  • In all criminal cases
  • In civil cases
  • In Federal System, for 'infamous crimes' (correct)

    • Who prepares the Bill of Indictment?

    <p>The prosecutor (P.A.)</p> Signup and view all the answers

    What happens if the grand jury finds probable cause?

    <p>The grand jury finds the indictment to be a 'true bill' and issues the indictment</p> Signup and view all the answers

    What is the main difference between a warrant and a summons?

    <p>A warrant is an order to take custody of a person, while a summons is an order to bring themselves to court</p> Signup and view all the answers

    Who issues warrants and summons?

    <p>The judge</p> Signup and view all the answers

    What is the purpose of an arraignment?

    <p>To read the charges to the defendant and receive a plea</p> Signup and view all the answers

    What is the role of the grand jury in a felony case?

    <p>To determine probable cause</p> Signup and view all the answers

    What is a potential outcome if the defendant pleads 'not guilty' at the arraignment?

    <p>The case is scheduled for trial</p> Signup and view all the answers

    What is the purpose of the preliminary hearing?

    <p>To determine probable cause</p> Signup and view all the answers

    What is an 'Alford plea'?

    <p>A plea of no contest</p> Signup and view all the answers

    What is the purpose of a motion for discovery?

    <p>To request evidence from the opposing party</p> Signup and view all the answers

    What is a deposition?

    <p>An interview under oath</p> Signup and view all the answers

    What is the purpose of a pretrial motion?

    <p>To make a formal request to the judge</p> Signup and view all the answers

    When can pretrial motions take place?

    <p>At any point after the preliminary hearing</p> Signup and view all the answers

    What is the purpose of a motion to suppress evidence?

    <p>To have questionable evidence barred from the trial</p> Signup and view all the answers

    What happens during a suppression hearing?

    <p>The defense argues for the exclusion of evidence</p> Signup and view all the answers

    Why might the prosecution agree to a plea bargain?

    <p>Because they are uncertain of the strength of their case</p> Signup and view all the answers

    What is a vestige of the trial by combat system in our current justice system?

    <p>The adversarial system of justice</p> Signup and view all the answers

    What is the role of the judge in a trial?

    <p>To administer the court and make rulings on questions of law</p> Signup and view all the answers

    What is the purpose of plea bargaining?

    <p>To avoid the possibility of a larger penalty for the original charge</p> Signup and view all the answers

    What is the role of the prosecution in a criminal trial?

    <p>To win the case for the state</p> Signup and view all the answers

    Why might police officers be annoyed by plea bargaining?

    <p>Because it allows suspects to get off with light sentences</p> Signup and view all the answers

    What is the purpose of the defense's job in a criminal trial?

    <p>To raise reasonable doubts in the mind of the jury or judge</p> Signup and view all the answers

    What is the role of the jury in a jury trial?

    <p>To decide the verdict of the trial</p> Signup and view all the answers

    What is the purpose of the suppression hearing?

    <p>To decide whether evidence was illegally obtained</p> Signup and view all the answers

    What is the meaning of 'Voir Dire' in the context of jury selection?

    <p>To tell the truth</p> Signup and view all the answers

    What is the result of a successful motion to suppress evidence?

    <p>The prosecution's case is weakened</p> Signup and view all the answers

    What is the role of the defense in a trial?

    <p>To have questionable evidence barred from the trial</p> Signup and view all the answers

    How many members are typically in a jury?

    <p>12</p> Signup and view all the answers

    What is the purpose of the opening statement in a trial?

    <p>To provide a preview of the case</p> Signup and view all the answers

    What is the role of the judge in a trial?

    <p>To act as a referee</p> Signup and view all the answers

    What is the purpose of cross-examination in a trial?

    <p>To question a witness</p> Signup and view all the answers

    What is the purpose of an appeal in a trial?

    <p>To overturn a verdict</p> Signup and view all the answers

    What is the burden of proof in a criminal trial?

    <p>Beyond a reasonable doubt</p> Signup and view all the answers

    What is the primary goal of the defense attorney during cross-examination?

    <p>To undermine the credibility of the witness and their testimony</p> Signup and view all the answers

    What is the purpose of the re-direct examination?

    <p>To allow the prosecutor to 'fix' any damage done during cross-examination</p> Signup and view all the answers

    What is the scope of the testimony set by?

    <p>The direct examination</p> Signup and view all the answers

    What is the purpose of the defense motion for a directed verdict of acquittal?

    <p>To request that the judge dismiss the case due to lack of evidence</p> Signup and view all the answers

    What is the role of the police officer as a witness during the trial?

    <p>To provide accurate information to the prosecution</p> Signup and view all the answers

    What is the purpose of the jury instructions?

    <p>To instruct the jury on the relevant laws and issues to consider</p> Signup and view all the answers

    What should the police officer avoid doing during cross-examination?

    <p>Volunteering additional information</p> Signup and view all the answers

    What is the purpose of the closing arguments?

    <p>To make a final attempt to convince the jury of the defendant's guilt or innocence</p> Signup and view all the answers

    What happens if the jury is unable to reach a verdict?

    <p>A retrial is required</p> Signup and view all the answers

    What should the police officer do when responding to questions from the defense attorney?

    <p>Provide a short pause before answering</p> Signup and view all the answers

    Study Notes

    Grand Jury and Trial Process

    • The grand jury is called "grand" because in French "grande" means large, as opposed to the petit jury, which is the trial jury.

    Grand Jury Function

    • Cases are sent to the grand jury to allow an independent hearing of the case by a group of the suspect's peers.
    • The grand jury's job is to determine if there is probable cause to issue an indictment.

    Bill of Indictment

    • The grand jury is given a Bill of Indictment to consider, which is written by the prosecutor.
    • The Bill of Indictment states the facts of the case and the charges the prosecutor will press if the grand jury agrees that probable cause exists.

    Grand Jury Proceedings

    • The grand jury calls witnesses and reviews collected evidence.
    • If the grand jury finds probable cause, they issue a "true bill" and the indictment is issued.
    • If probable cause is not found, they find "no true bill" and the indictment is not issued.

    Arrest Warrant and Summons

    • A warrant is issued based on the indictment or information.
    • A warrant is a court order to take custody of a person to bring them to court to answer a charge.
    • A summons is an order from the court to a person to bring themselves to court to answer a charge.

    Arraignment

    • The arraignment is the first public hearing, where the charges are read to the defendant and they are asked to enter a plea.
    • If the defendant pleads guilty, sentencing takes place at this point.
    • If the defendant pleads not guilty, the case is scheduled for trial.

    Preliminary Hearing

    • The preliminary hearing is a hearing held in felony cases to review probable cause.
    • The judge reviews the evidence and determines if there is probable cause to bind the defendant over for trial.
    • The defendant may waive the preliminary hearing, and the case may be sent to the grand jury instead.

    Pretrial Motions

    • A motion is a formal request to the judge to make a ruling or take an action.
    • There are two major types of motions: motion for discovery and motion to suppress.
    • The outcome of the trial hinges on the discovery process.

    Motion for Discovery

    • Discovery is the process of finding out information known by the other side.
    • Discovery includes depositions, interrogatories, and requests for documents and evidence.
    • The defense must cooperate with the prosecution's requests for discovery.

    Motion to Suppress

    • The motion to suppress is made by the defense to have evidence barred from trial.
    • The defense argues that the evidence was illegally obtained.
    • The judge hears arguments and makes a ruling on the motion.

    Plea Bargaining

    • Plea bargaining is the process of disposing of a case by offering to plead guilty to a lesser charge.
    • The defense offers to plead guilty to a lesser charge to avoid the possibility of a larger penalty.
    • Plea bargaining typically occurs after discovery and motions.

    Trial

    • The trial is a contest of facts, where the prosecution and defense present their cases.
    • The judge's role is to administer the court and make rulings on questions of law.
    • The jury's role is to decide the facts of the case and deliver a verdict.

    Jury Selection

    • Jury selection is done through a process called Voir Dire.
    • Potential jurors are questioned by the attorneys to determine their eligibility and bias.
    • The jury is selected to ensure a fair and impartial trial.

    Trial Choreography

    • The trial follows a specific sequence of events:
      • Opening statements
      • Prosecution case
      • Defense case
      • Closing arguments
      • Jury instructions
      • Deliberation and verdict

    Officer's Involvement

    • As an investigator, the officer's role is to collect information to assist in the prosecution of the case.
    • As a witness, the officer's role is to accurately report the facts of the case.
    • The officer must be prepared to present their information clearly and concisely during direct examination.
    • The officer must also be prepared to withstand cross-examination by the defense.

    Studying That Suits You

    Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

    Quiz Team

    Description

    This quiz covers the procedures related to arrest warrants and arraignment in criminal cases, including who issues warrants and summons, and the role of the judge and prosecutor.

    More Like This

    Use Quizgecko on...
    Browser
    Open
    Browser
    Browser