Chapter 13 Answers to Worksheet

1 Charges are dropped or there is a guilty plea by the criminal or lawyer representing

2 Formal process of making a police record Accused is asked for information Fingerprinted and photographed Samples sometimes taken

3 Explains the defendant’s rights and advised him or her of exact nature of charges Attorney present or have opportunity to have attorney Bail possibly set at this point – depends on crime (i.e. – murder not recognized)

4 Misdemeanor case – asked to enter a plea of not guilty or guilty Felony case – informed of charges, advised of rights but plea is not given until the arraignment – allowed to have a preliminary hearing

5 This basically sets possible conditions to release of accused

6 Assurance of your return for trial Constitutional right to bail Paid directly to the court Money can be obtained by a bail bondsmen for a fee It is not recognized in all cases – especially cases such as murder

7 Amendment VIII (the Eighth Amendment) of the United States Constitution, which is part of the U.S. Bill of Rights, prohibits excessive bail or fines, as well as cruel and unusual punishment the English Bill of Rights-1689 held that "excessive bail ought not to be required." Nevertheless, the Bill did not abolish the distinction between bailable and non-bailable offenses. Thus, the Eighth Amendment has been interpreted to mean that bail may be denied where the charges are sufficiently serious

8 Person charged with a violent crime or drug offense has a trial to see if bail will not be offered and that person being free on bail

9 Used in felony cases to determine to see if there is enough evidence to have a trial

10 No – because the prosecution still may present the case to a grand jury

11 Group of 16 to 23 people charged with determining if there is sufficient cause to have a person accused of committing a crime to stand trial Protection of citizens from unreasonable harassment from government Guardian of the rights of the innocent – based on evidence presented Required in federal courts but some states have adopted it

12 Does not admit guilt but does not contest charges against him/her Advantage is that a confession or plea is not able to be used in a civil trial There is no trial and sentencing hearing follows

13 1. to have case dismissed 2. discovery of evidence 3. continuance 4. change of venue 5. motion to suppress evidence

14 Police officers violating your rights for a reasonable search and seizure of evidence

15 Made the exclusionary rule binding on the states and can be recognized in state courts since 1961

16 Judicial integrity – not be a party to lawbreaking by officers and deterrence – less likely to violate your rights by illegally seizing items they know can be thrown out of court

17 Acting in a reasonable reliance of a search warrant issued by a magistrate that is later to be found invalid

18 Ad – avoid time and expense, benefit defendant who receives a lighter sentence Dis – allows dangerous criminals to get off with lighter sentences, plight of the defendant, victims rights are particularly overlooked in the process