Pre-trial Processes | Pleas | Exclusionary Rule | Pretrial Motions | Miscellaneous |
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What is booking?
the formal process of making a police record of an arrest
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What is Guilty plea?
plea in which defendant admits to wrongdoing and then proceeds to sentencing
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What is the exclusionary rule?
legal rule that generally prohibits the use of illegally obtained evidence against the defendant at trial
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What are pretrial motions?
pleadings in which a party asks the Judge to make a decision or take some action before the trial begins
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What is excessive bail?
not allowed by the 8th amendment
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What is an arraignment?
court session at which a defendant is charged and enters a plea
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What is Not Guilty plea?
plea in which the defendant denies wrongdoing and requests a trial to determine guilt or innocence
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What is the 5th Amendment?
this amendment protects a defendant from self-incrimination
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What is Motion for Change of Venue?
pleading filed asking for the trial to be moved to another county/parish - sometimes to avoid hostility or to find jurors who can be impartial
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What is a plea/plea bargain?
95% of criminal cases end this way
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What is bail?
money or property put up by the accused or his agent to allow release from jail before trial
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What is Nolo Contendre?
type of plea in which the defendant does not admit guilt but also does not contest the charges
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What is good faith exception?
permits the use of illegally obtained evidence when police relied upon a warrant later determined to be invalid
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What is Motion for a Continuance?
Pleading filed asking for more time
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What is a jury?
only 5% of criminal cases are heard by this group of people
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What is personal recognizance?
release from legal custody based on a defendant's promise to show up for trial - no money/bond required
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What is Not Guilty plea?
When this plea is entered, the defendant then has to choose between a judge or a jury trial
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What is deterrence?
measures taken to discourage criminal actions; usually some form of punishment
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What is Motion to Suppress Evidence?
Pleading filed requesting that certain evidence be kept out of evidence during trial
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What is a plea bargain?
before accepting this, a judge must verify that it was made freely, voluntarily, and with knowledge of the facts
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What is information or bill of information?
prosecuting attorney's formal accusation of the defendant, detailing the nature and circumstances of the charge
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What is Nolo Contendre?
Latin phrase meaning "No Contest"
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What is Judicial Integrity?
used in discussing search and seizure, this is an argument for the exclusionary rule, which emphasizes that courts should not permit lawbreaking by the police.
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What is Discovery?
Pleading filed asking to examine all of prosecutor's evidence
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What is prosecutor/district attorney's office?
this person decides whether to charge a defendant and which crime to charge him with
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