Podcast
Questions and Answers
What is the primary determination made during a preliminary hearing?
What is the primary determination made during a preliminary hearing?
- Whether there is sufficient insurance coverage to compensate victims.
- Whether the defendant should be released on their own recognizance.
- Whether the suspect has requested a public defender or will hire their own attorney.
- Whether there exists probable cause to believe the suspect committed the crime. (correct)
If a jury in a criminal case cannot reach a unanimous decision, what is the legal consequence?
If a jury in a criminal case cannot reach a unanimous decision, what is the legal consequence?
- The judge will issue a directed verdict.
- A mistrial is declared, and the prosecutor may retry the case. (correct)
- The case is automatically appealed to a higher court.
- The defendant is found not guilty due to reasonable doubt.
What is the role of a judge in relation to evidence presented in court?
What is the role of a judge in relation to evidence presented in court?
- The judge must prevent the use of evidence collected through unreasonable search or forced confession. (correct)
- The judge must ensure all evidence is admissible, regardless of how it was obtained.
- The judge relies solely on the attorneys to object to inadmissible evidence.
- The judge is responsible for gathering evidence to support the prosecution's case.
Which court typically handles felony cases?
Which court typically handles felony cases?
In the context of criminal justice, what does 'plea bargaining' generally involve?
In the context of criminal justice, what does 'plea bargaining' generally involve?
What is the primary function of the Appeals Court?
What is the primary function of the Appeals Court?
Which criteria differentiates a misdemeanor from a felony?
Which criteria differentiates a misdemeanor from a felony?
What recourse does a defendant have if they believe the trial court made a mistake?
What recourse does a defendant have if they believe the trial court made a mistake?
Which statement accurately describes the conditions under which bail money is returned to a defendant?
Which statement accurately describes the conditions under which bail money is returned to a defendant?
How many justices serve on the Supreme Court in Richmond, and what is the length of their terms?
How many justices serve on the Supreme Court in Richmond, and what is the length of their terms?
Flashcards
Preliminary Hearing
Preliminary Hearing
After arrest, a suspect appears before a judge or grand jury where it is determined if there is enough evidence to believe a crime was committed. If so, the suspect is indicted and becomes the defendant.
Judge’s actions to ensure defendant's trial appearance
Judge’s actions to ensure defendant's trial appearance
When a defendant is indicated, the judge will makes sure the defendant appears for the trial by requiring the defendant to appear, requiring him/her to deposit bail money that is returned at the trial, or to stay in jail until the trial
District Trial Courts
District Trial Courts
These courts handle criminal trials for misdemeanors (less serious crimes with sentences of a year or less), civil trials involving small amounts of money, and a judge decides the verdict.
Circuit Court
Circuit Court
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Inadmissible Evidence
Inadmissible Evidence
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Jury Unanimity
Jury Unanimity
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Plea Bargaining
Plea Bargaining
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Incarceration Types
Incarceration Types
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Criminal Appeals
Criminal Appeals
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Trial Court Errors
Trial Court Errors
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Study Notes
- A suspect appears at a preliminary hearing after arrest.
- A judge or grand jury decides whether there is probable cause to believe the suspect committed the crime at the preliminary hearing.
- If probable cause exists, the suspect is indicted and becomes a defendant.
- When a defendant is indicted, the judge sets a trial date and ensures the defendant appears for the trial by:
- Requiring the defendant to appear for trial
- Requiring the defendant to deposit bail money, which will be returned when the defendant appears for the trial
- Requiring the defendant to stay in jail until the trial
- Jail is a facility for defendants awaiting trial and criminals sentenced to one year or less.
District Trial Courts
- District Trial Courts hold all criminal trials in misdemeanor cases and civil trials in low-dollar disputes.
- A judge decides the verdict in criminal cases.
- A misdemeanor is any crime where the maximum sentence is one year or less in jail.
Circuit Trial Courts
- Circuit Trial Courts hold all criminal trials in felony cases.
- A felony is any crime for which the maximum sentence is more than one year in prison.
- Civil trials in high-dollar disputes (more than $25,000) also take place at Circuit Trial Courts.
- A jury usually decides the verdict in criminal cases, and the judge decides the sentence.
- Judges must prevent the use of evidence collected in an unreasonable search or through the use of a forced confession, as well as any other unconstitutional manner.
- All 12 jurors in a criminal case must be unanimous to find the defendant either guilty or not guilty.
- A lack of unanimity means there is a mistrial.
- Mistrial means when a jury can't reach a verdict or the judge decides something has compromised the ability of the jury to reach a fair verdict.
- If there is a mistrial, the prosecutor can re-arrest and retry the defendant.
- In most cases, prosecutors and defendants agree to a compromise through plea bargaining.
- A prosecutor drops the major charge and the defendant pleads guilty to a minor charge.
- Incarceration sentences include jail (if less than a year) or prison (if more than a year).
Criminal Appeals Procedures
- A defendant can claim that the law violates the state constitution.
- A defendant can claim that the trial court judge violated the state constitution.
- The Appeals Court can either affirm the trial court decision or vacate the trial court decision.
- The Appeals Court cannot declare a defendant not guilty
Appeals Court
- Appeals from Circuit Court verdicts go to the Appeals Court.
- Three Appeals Court judges hear each case.
Supreme Court
- Appeals from an Appeals Court verdict are sent to the Supreme Court, but not cases that started in District Court.
- There is one Supreme Court in Richmond, with 7 Justices, who serve 12-year terms.
State Supreme Court Selection Procedure
- Selection by the Governor from a list: 24 states
- Elected by the People: 22 states
- Nominated by the Governor and confirmed by Senate (like the Fed Govt.): 3 states
- Elected by the State Legislature: 2 states (including Virginia)
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