Bail - answer✔The monetary amount for or condition if pretrial release
Purpose of bail - answer✔obtain the release form custody for the defendant
Bail relation to US constitution regulation - answer✔Will be forfeited if the defendant fails to
appear in court
Types of Bail - answer✔Full case bail
Deposit bail: pay 10% of the bail as deposit.
Surety bail: pay 10% of the bail to the bonding agency. Most common.
Conditional bail: released after promising to some specified conditions. E.G., attending treatment
program before trial.
Unsecured bond: no immediate payment for bail but required to pay full amount if it fails to
appear.
Bail Reform Act of 1984 - answer✔Repeals the Bail Reform Act of 1966 and sets forth new bail
procedures. Retains execution of a money bond as a condition for pretrial release. Authorizes a
judicial officer to consider the safety of any person or the community when making a pretrial
release determination.
Grand jury and its function - answer✔an early development of English Common Law. A group
that examines accusations against persons charged with crime and, if the evidence warrants,
makes formal charges on which the accused persons are later tried.
Magna carta, and the related U.S. Constitutional regulation - answer✔no free man could be
seized and imprisoned unless he had been judged by his peers.
Fifth Amendment of Constitution - answer✔"No person shall be held to answer for a capital, or
otherwise infamous crime, unless on presentment or indictment of a grand jury."
Reasons for a defense attorney to waive defendant's right to preliminary hearing. - answer✔*
Defendant has decided to plead guilty
* To speed up the criminal justice process
* To avoid the negative publicity that might result from the hearing.
Procedure of guilty plea - answer✔Guilty, not guilty, no contest.
Different results of guilty plea - answer✔1. The judge must clearly state to the defendant the
constitutional guarantees that he or she automatically waives by entering this plea.
2. The judge must believe that the plea is made voluntarily.
3. The defendant must be informed of the right to counsel.
4. Judge must inform the defendant of the possible sentencing outcomes.
four ways for a prosecutor to make bargain decision. - answer✔1. The initial charges may be
reduced to a lesser offense
2. The prosecutor may reduce the number of counts in cases where many counts are charged
3. The prosecutor may promise to recommend a lenient sentence.
4. When the charge imposed has a negative label attached (e.g., the prosecutor may alter the
charge to a more "socially acceptable" one.)
THE RIGHT TO AN IMPARTAL JUDGE - answer✔A judge will be replaced if there is a
conflict of interest
THE RIGHT TO BE COMPETENT AT TRIAL - answer✔A criminal defendant must be
considered mentally competent to understand the nature and extent of the legal proceedings.
THE RIGHT TO CONFRONT WITNESSES - answer✔The 6th amendment states that the
accused enjoys the right to direct and cross examine the witness in person.
THE RIGHT TO AN IMPARTIAL JURY - answer✔Jury members will be replaced if there is a
conflict of interest.
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