Exam 8: Pretrial Procedures and the Criminal Trial

Each jurisdiction has its own bail tariffs. ​

A veteran Boston police officer was on a routine patrol of the south-side of the city late one Saturday evening. At approximately 3:31 AM, dispatch sent a message out over the wire that a young man was shot at a nearby gas station. The veteran officer realizes how close he is tothe location, sohe hits his lights and tells dispatch that he is on his way tothe scene. Upon arrival, the officer witnesses a young Caucasian male, lying on the ground in a pool of blood. The officer quickly radios in for an ambulance and then takes off his jacket and applies it tothe gaping wound in the young man's chest. The officer attempts toget the victim tocalm his breathing sohe does not gointoshock. At the same time, the gas station attendant says that another Caucasian male had left the scene moments after the shots had occurred, but he did not really see the potential suspect. The officer turns tothe victim and asked, "did you see the man whodid this toyou?" and the victim said "yes, I know him." He identified the suspect as Barry Rourke, a known Irish gang member whose modus operandi includes strong arm robberies and low-level heroin dealing in the area. As the officer continues toapply pressure tothe man's wound, he can tell he is dying-and unfortunately seconds later, the victim takes his last breath and succumbs tohis wounds. As backup arrives, the officer shares his story with his sergeant whothen calls you, the district attorney. As the prosecutor for this district of Boston, you tell the officers on scene totrack the suspect down for immediate questioning; however, you want tobe present for this process. As you are getting in the car tohead towards the police station, you are concerned about the legal issues of whether or not the victim's identification of Rourke can be used in court. Is it inadmissible hearsay? The suspect is eventually tracked down and questioned by police with you being present. During the questioning, he indicates that he has killed noone - he was with his girlfriend and she can testify tothat. Upon further interrogation, Rourke lawyers up, and says nomore. As the prosecuting attorney, what doyou doand why?

__________________________is the process through which prosecutors effect an overall reduction in the number of persons prosecuted.

An indictment is the formal charge against the accused issued by the prosecutor after a preliminary hearing. ​

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. The judge decides toset Andrew's bail at $1.5 million. Andrew's family owns a home that is worth $1 million. They want touse this property topost Andrew's bail. What is the most likely result of this request? ​

About half of all the adult felony cases brought toprosecutors by the police are dismissed through a nolle prosequi . ​

All of the following are reasons that a defendant pleads not guilty EXCEPT : ​

​After the defense closes its case, the prosecution is permitted tobring new evidence forward that was not used during its initial presentation tothe jury. This is called the______stage of the trial.

A judicial order that commands a corrections official tobring a prisoner before the court is a writ of  ________________. ​

A(n)_____is the process of seeking a higher court's review of a lower court's decision for the purpose of correcting or changing the lower court's judgment or decision.

The____________________________is the law limiting the amount of time prosecutors have tobring criminal charges against a suspect after the crime has occurred.

__________________________is indirect evidence that is offered toestablish, by inference, the likelihood of a fact that is in question.

During the preliminary hearing, the judge decides if there is probable cause tohold the defendant over for trial. ​

A(n)_____witness is one whocan truthfully and accurately testify on a fact in question without having specialized training or knowledge.​