SOCIOL 2209 Study Guide - Quiz Guide: Confrontation Clause, Scientific Jury Selection, Harmless Error
19 Aug 2016
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231-238: preliminary hearing, probable cause assessment by judge, nature of proceedings. 1: burden on prosecutor, prima facie case of guilt (1) probable cause or dismissed, role of defense, does not have to show case, competency issues & bail, can waive. Grand jury: when can it convene, before arrest b/c indictment establishes probable cause for arrest warrant, waived preliminary hearing, after preliminary hearing, purpose. Indictment: true bill, probable cause, no bill, case dismissed, can start all over w/ new evidence, grand jury vs. preliminary hearing, ex parte proceeding, one-sided (prosecution, closed to public, powers. Indictment: sealed until warrant executed, decisions, 2/3-3/4 vote. Arraignment: purpose, read charges filed (b/c negotiations, enter plea, requirements to accept guilty plea, evidence of all material elements, knowingly & voluntary. Important b/c (1) right for prosecution to prove guilt (2) took away burden: advantages, saves time & money, ensures conviction, criminal record & sanction, disadvantages, public upset.
