Solution Manual for Legal Terminology, 7th Edition

Chapter 2 Criminal Trial Procedure Ante Interrogatory: D Chapter Overview Chapter 2 explains criminal trial procedure, beginning with the arrest, preliminary hearing, indictment, and arraignment, followed by sentencing and defendants’ rights. Chapter Objectives By studying this chapter, students can learn that the process of criminal cases being taken to court is governed by rules that have been adopted by federal and state governments. The procedure is outlined in the chapter, and the rules of criminal procedure may be found on the Internet for further study. Students will also learn where defendants’ rights come from and what they are. Lecture Outline I. Arrest II. Preliminary Hearing III. Indictment IV. Arraignment V. Reasonable Doubt VI. Sentencing VII. Defendants’ Rights VIII. Trial Separation Notes The Miranda Warning is listed in a box, which can be helpful to the student as they study criminal procedure. The Web Wise box encourages students to look at overviews of criminal and civil procedure at the Legal Information Institute at www.law.cornell.edu and federal procedure rules and Internet jurisdiction at www.findlaw.com. If the findlaw web links aren’t working as they did when the manuscript was drafted, www.lp.findlaw.com should work. List of Changes • The chapter opens with Learning Objectives. • • • • “Chapter Outline” section has been eliminated. Pronunciation tips of Key Terms have been eliminated. “Websites for Pronunciation Help” section with links to two websites has been added. The Terms in Action boxes highlights a criminal situation using terms from the chapter and the longest single prison sentence ever given. • • Web Wise box provides the link to www.uscourts.gov to help students to learn more about federal courts. To the Glossary, the term intent has been added with the definition: mental desire and will to act in a particular way, including wishing no to participate. Unraveling Legalese is not in the textbook, but is found below for the instructor to give the students as another exercise. Reviewing What You Learned 1. 2. 3. The federal, state, or local government brings the action in a criminal case. A criminal action begins with the issuance of an arrest warrant. If the court finds probable cause that the defendant committed a crime, he or she is either kept in jail or released (on bail or on personal recognizance). 4. At the state level, between 5 and 23 persons serve on a grand jury, and in the federal system – between 16 and 23 persons. The grand jury listens to evidence and decides whether or not to charge someone with the commission of a crime. 5. An indictment is a formal written charge made by a grand jury. An arraignment is the act of calling a person before the court to answer the indictment or information. 6. If the judge or jury finds there is a reasonable doubt that the defendant committed the crime, the defendant must be acquitted. 7. When arrested, suspects must be told, before being questioned, that they have the following constitutional rights: (1) the right to remain silent, (2 any statement made by them may be used against them to gain conviction, (3) they have the right to consult with a lawyer and to have a lawyer present during questioning, and (4) a lawyer will be provided without cost for indigent defendants. 8. Answers will vary. The severity of the crime’s impact on the victim can influence the parole boards’ decision on granting parole. 9. A commutation of a sentence reduces it, making it less severe; whereas a pardon sets aside the punishment altogether, but without exoneration of guilt. 10. A bifurcated trial is one trial that is separated into two parts providing for separate hearings for different issues in the same lawsuit. In contrast, severance of actions occurs when a court separates lawsuits or prosecutions involving multiple parties into separate independent cases resulting in separate final judgments. Understanding Legal Concepts 1. 2. 3. 4. 5. F, the public at large, is F, always T T F, defendant 6. T 7. 8. 9. 10. F, parole T F, concurrent F, bifurcated trial Checking Terminology (Part A) 1. 2. 3. 4. h m p a 5. 6. 7. 8. d b n e 9. 10. 11. 12. q v f r c h, i f y 13. 14. 15. 16. 13. 14. 15. 16. g k, o x w 17. 18. 19. 20. j i l c Checking Terminology (Part B) 1. 2. 3. 4. v j n q 5. 6. 7. 8. e m, o a k 9. 10. 11. 12. x g t l 17. 18. 19. w u r Unraveling Legalese Use simple, non-legal language, with the help of the glossary, to rewrite this case quote in the space below so that it is shorter and can be understood by a layperson without losing its meaning. Exercise: The parties must disclose the plea agreement in open court when the plea is offered, unless the court for good cause allows the parties to disclose the pleas agreement in camera. Answer: The prosecution and defense must reveal plea bargains in open court for everyone to hear, unless there is a good reason for the judge to allow it to be revealed in the privacy of his or her office. Using Legal Language Alphonse, high on drugs and carrying a handgun, broke into Krista’s apartment one evening, unaware that Krista and her dog, Lilly, were present. Lilly lunged at the surprised Alphonse, causing him to shoot himself in the foot. Krista disarmed the bleeding Alphonse and called 911. When the police arrived, Alphonse was placed under arrest; that is, deprived of his liberty. He was also told about his rights, called Miranda warning. The next morning, Alphonse went before the court for a preliminary hearing, which is also called a probable cause hearing. The judge set a high bail to assure Alphonse’s return to stand trial. The district attorney presented the case to a grand jury, which issued an indictment—a formal written charge of a crime. This was followed by a court appearance called an arraignment at which Alphonse pleaded not guilty, denying that he had committed the crime. The trial that followed was governed by regulations known as rules of criminal procedure. The state brought the action, that is, prosecuted, against Alphonse who was the defendant. To find Alphonse guilty, the jury, that is, the fact finder, was required to find beyond a reasonable doubt that Alphonse committed the crime. At the time of sentencing, Krista was able to give a victim’s impact statement pointing out the effect the crime had on her life. Alphonse was given a mandatory sentence—one that is fixed with no room for discretion. Puzzling Over What You Learned