Chapter 8 notes pt. 4 Flashcards Preview

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Flashcards in Chapter 8 notes pt. 4 Deck (26)
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1
Q

The _______ Amendment requires a speedy trial for those accused of a criminal act.

A

Sixth

2
Q

The Sixth Amendment requires a ______ trial for those accused of a criminal act.

A

speedy

3
Q

What are the reasons for a speedy trial?

A
  • the defendant may lose his or her right ot move freely and may be incarcerated prior to trial
  • the accusation that a person has committed a crime jeopariadies that person’s reputation in the community
4
Q

The Sixth Amendment doesn’t specify what’s meant by the term ______.

A

speedy

5
Q

What did the U.S. Supreme Court decide in the Barker v. Wingo (1972)?

A

That only in situations in which the delay is unwarranted and proved to be judicial can the accused claim a violation of the 6th Amendment

6
Q

What time limits for those in federal courts are established by the Speedy Trial Act of 1974 (amended in 1979)?

A
  1. No more than 30 days between arrest and indictment
  2. No more than 10 days between indictment and arraignment
  3. No more than 17 days between arraignment and trial
7
Q

federal law alloes extra time for hearings on what condiitions?

A
  • pretrial motions
  • mental competency examinations
  • other procedural actions
8
Q

When does the 6th Amendment gurantee a speedy trial?

A

When a person has been accused of a crime

9
Q

a law limiting the amount of time prosecutors have to bring criminal charges against a suspect after the crime has occurred

A

statutes of limitations

10
Q

true or false: in general, prosecutors for murder and other offenses that carry the death penalty don’t have a statute of limitations

A

true

11
Q

a trial before a judge and a jury

A

jury trial

12
Q

a trial conducted without a jury, in which a judge determines the defendant’s guilt or innocence

A

bench trial

13
Q

In most juridiction, jury verdicts in criminal cases must be __________ for acquital- a declaration of innocence- or conviction

A

unanimous

14
Q

a declaration following a trial that the individual accused of the crime is innocent in the eyes of the law and this is absolved of the charges

A

acquittal

15
Q

a defendant has the right not to testify at a trial if?

A

To do so would implicate him or her in the crime

16
Q

What is the presumption in criminal law?

A

A defendant is innocent until proved guilty

17
Q

True or False: in a criminal trial, the defendant is required to prove his or her innocence.

A

False; in a criminal trial, the defendant is not required to prove his or her innocence.

18
Q

The burder of proving the defendant’s guilt lies entirely with the ______

A

state

19
Q

What level of proof must the state have to convict a person?

A

beyond a reasonable doubt

20
Q

The defendant in any felony case is entitled to a trial by _________.

A

jury

21
Q

If the defendant waives this right, a _________ trial takes place, in which the __________ decides questions of law and fact.

A

bench

judge

22
Q

Another benefit for the defendant is the privilege against ________-________, which gives her or him th eright ot “take the Fifth.”

A

self-incrimination

23
Q

Perhaps the most important protection for the defendant, however, is the presumption in criminal law that she or he is _________ until proved _________.

A

innocent

guilty

24
Q

Thus the burden is on the _________ to prove the defendant’s culpability beyond a _________ _________.

A

state/prosecutor

reasonable doubt

25
Q

Identify the basic protections enjoyed by criminal defendants in the United States.

A

According to the 6th Amendment, a criminal defendant has the right to a speedy and public trial by an impartial jury in the physical location where the crime was committed.. Additionally, a person accused of a crime must be informed of the nature of the crime and be confronted with the witnesses against him or her. Further, the accused must be able to summon witnesses in her or his favor and have the assistance of counsel.

26
Q

Explain what “taking the Fifth” really means.

A

The 5th Amendment states that no person “shall be compelled in any criminal case to be a witness against himself” Thus, defendants do not have to testify if their testimony would implicate them in the crime. Witnesses may refuse to testify on this same ground. (Witnesses are usually granted immunity. In the United States, silence on the part of a defendant cannot be used by the jury in forming its opinion about guilt or innocence.