Exam 8: Pretrial Procedures and the Criminal Trial

________________________is the process by which the accused and the prosecutor work out a mutually satisfactory conclusion tothe case, subject tocourt approval.

The_____are made by each side's attorney after the cases for the plaintiff and defendant have been presented.

Case 8-1 Andrew was arrested and charged with second degree murder. His family was able togather enough money toretain a well-respected criminal defense attorney. His attorney believes that it is very important toget Andrew out of jail on bail sohe can assist him with his defense. The community prefers that he remain in custody. At which step leading up tothe criminal trial will the judge make the decision toset bail or order Andrew toremain in jail awaiting his trial? ​

In the case of_________________, the Supreme Court held that a defendant's decision not totestify during the trial cannot be held against him or her.

Discuss why prosecutors, defense attorneys, and defendants often agree toplea bargains. Next, please explain why some victims have mixed feelings about plea bargains. ​

Towhom is the appeals process available? ​

During the appeals process, the burden of proof rests with the defense. ​

The______is the formal charge against the accused issued by the prosecutor after a preliminary hearing has found probable cause.

The plea of not guilty is fairly common at an arraignment. ​

What is the formal decision rendered by the jury? ​

A suspect is formally charged with the criminal offense in the____________________.

You are a recently elected magistrate in your home county of Marshall County, West Virginia. Your office is located in the city of Moundville which is deemed the county seat. on average you handle at least twenty tothirty initial appearances a day ranging from low level misdemeanors tohigh level violent felonies. As part of your duties during the initial appearance, you must determine whether or not the accused should receive bail while awaiting possible trial. on this particular day, you are hearing the initial appearance of a 21 year-old male whohas been caught selling heroin throughout the community. This particular individual is not a stranger toyour court or the criminal justice system in the county. on prior occasions, you have permitted the accused bail, the first twotimes were RoR and the last time was 10% cash. However, this time his drug dealing was not the only charge. In addition tothe possession and the intent todistribute charge, he was alsofound in possession of an illegal switchblade knife, and twoillegal handguns. At this point, you must decide whether or not togrant bail. What doyou and why? Please fully explain.

You are a veteran prosecutor whohas been on the job in Birmingham, Alabama for twelve years. Most of the cases that you deal with tend tobe violent offenses, especially instances of murder. one Friday evening, a triple homicide took place in the south side of the city. Based on police reports, the shooting was gang-related, and centered upon drug territorial disputes. The next morning, you gotothe police station tomeet the lead homicide detective. Upon entry intothe station, you are greeted by the detective whotells you that the suspected shooter is a 14 year-old boy with a lengthy juvenile record. Being that Alabama is one of the states that permits a juvenile tobe transferred toadult court tobe tried for such heinous acts like murder, you must now decide how toproceed. What will you do? Will you attempt totry the boy in adult court? Please discuss your plan.

The prohibition against double jeopardy is provided for in the: ​

What type of evidence tends toprove or disprove a fact in question? ​

once the initial appearance has been completed and bail is set, the prosecutor must then attempt toestablish: ​

The retention of an accused person in custody before trial is called __________________. ​

The formal investigation by each side prior totrial is the process of___________________.

What is the formal investigation prior totrial in which the defense uses various methods toobtain information from the prosecution toprepare for trial? ​

The_______________is the group of citizens from which the jury is selected.