Steps in Criminal Procedure

Erin Harrison
Flashcards by Erin Harrison, updated more than 1 year ago
Erin Harrison
Created by Erin Harrison over 2 years ago


Law (Test 1) Flashcards on Steps in Criminal Procedure, created by Erin Harrison on 09/26/2017.

Resource summary

Question Answer
Step 1: Crime any violation of the criminal law; contains elements that must be proven independently beyond a reasonable doubt (BRD)
Step 2: Arrest physical taking into custody of an alleged violator
Step 3: Initial Appearance felony or misdemeanor notice; first judicial contact, no lawyer present; told of preliminary charges
Step 4: Bail promise that, if released, they will appear at trial or forfeit cash, property, and freedom
Step 5: Preliminary Hearing pre-trial procedure, typically for felonies, with a probable cause determination by a judge; lawyer is present
Step 6: Charging can come before or after the preliminary hearing, where formal criminal charges are announced
Step 7: Grand Jury group of citizens validate probable cause
Step 8: Arraignment informed of formal charges; required to enter a plea
Step 9: Discovery formal and informal exchange of information
Step 10: Plea Negotiations where most criminal cases plea out; formally discussing a bargain between the defense and the prosecution
Step 11: Trial fact-finding process through adversarial methods
Step 12: Sentencing after guilt is proven beyond a reasonable doubt, punishment is imposed
Step 13: Appeal after conviction, a review of lower court decisions and procedures
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