Criminal _____ deals with the set of rules governing the series of ¬¬¬_____through which the government enforces _____criminal law. Title 18 of the U.S. Code outlines all federal crimes. Typically, federal crimes deal with activities that either extend beyond state _____ or directly _____ federal interests.
proceedings impact procedure boundaries substantive
The Federal Rules of Criminal Procedure outline the procedure for conducting federal criminal _____. Similarly, states have their own codes of criminal procedure of which many closely model the Federal Rules. Rights guaranteed to criminal defendants include the guarantees of _____ process and equal _____ under the laws, the right to have legal _____ present, the right to _____ witnesses, the right to a jury trial, and the right to not _____ against oneself. While state constitutions and procedural rules may increase the protection _____ to criminal defendants, they may not offer less protection than that guaranteed by the U.S. Constitution.
testify due counsel afforded trials protection confront
Failure by law _____ to follow proper procedure may result in the _____ of evidence or the _____ of an arrested suspect. For example, police must ensure that the defendant understands the right to remain silent and the right to have an attorney present. The defendant must _____, intelligently, and voluntarily _____ those rights in order for the government to use any statements as evidence against the defendant.
release waive enforcement knowingly suppression
Police also must _____ the Fourth Amendment, which prohibits the government from performing unreasonable searches and _____. To obtain a search warrant, law enforcement must show _____, must support the showing by _____ or affirmation, and must describe in particularity the place they will search and the items they will seize. Exceptions to the warrant requirement include searches made at or near the _____; a search following a lawful arrest; a _____ arrest; where the seized items are in plain view; where the articles are in an automobile; where the private individual makes the search; and under _____ circumstances, where the officer has ¬¬¬_____ for a search to find a crime or evidence relating to a crime.
border probable cause(2) abide by exigent stop-and-frisk seizures oath
The Sixth Amendment to the U.S. Constitution guarantees criminal defendants the right to a _____. Consequently, prosecutors cannot wait an inordinate amount of time before filing _____. The Sixth Amendment also guarantees the right to a public trial by an impartial jury of one's _____. The criminal justice system provides for an impartial jury by permitting both sides to utilize _____ challenges during jury selection. If a party _____ a _____ challenge against a prospective juror, then the court must excuse that particular juror from the panel. These challenges occur during jury _____ to root out _____.
exercises peers voir dire speedy trial bias peremptory(2) charges
In high-publicity trials, trial judges have the responsibility to _____ effects of publicity, perhaps by implementing a _____ on the parties and to eliminate outside influences during the trial. Defendants have the right to _____ their own _____, mount their own evidence, and present their own theory of the facts. The Fifth Amendment, through the _____ prohibits states from _____ the same defendant with substantially the same crime on the same facts.
call charging minimize Double Jeopardy Clause gag-order witnesses
Trying to avoid _____ an innocent defendant at all costs, the law only permits the prosecution to overcome the defendant's _____ of innocence if they can show the defendant's guilt _____ a reasonable doubt. This very high _____ differs drastically from a _____ trial's much lower standard in which the plaintiff must only prove a claim by a _____ of the evidence. Criminal defendants have the right to _____ the prosecution's witnesses.
preponderance beyond convicting Cross-examine civil burden presumption
If a defendant cannot _____ an attorney, he/she must receive legal _____ from the Public Defender's Office. An accused shall have access to _____ at every stage of the proceedings, beginning with the defendant's initial _____. The legal counseling received must also constitute "effective counseling." Ineffective assistance of counsel may serve as _____ for a new trial. If a defendant voluntarily and intelligently chooses to self-represent, the defendant may do so.
grounds afford self-represent appearance representation counsel
At all times during the trial, the defendant _____ a right of not having to provide self-incriminating _____. Thus, the defendant can choose not to _____, or the defendant can choose to _____ but not answer certain questions that would _____.
take the stand(2) self-incriminate enjoys testimony
After a suspect’s arrest, a judge will set initial _____. If the defendant shows up for the proper court _____, the court refunds the _____. During an _____, a judge calls the person charged, reads the criminal charges against him/her, and asks the accused to _____. At the preliminary _____, the judge determines whether enough evidence exists for the prosecution to meet its _____, or whether there is enough evidence to make the defendant _____ trial.
hearing bail(2) plead stand arraignment burden of persuasion dates
At a _____ hearing, the prosecution and the defense team file _____ _____ a judge. These _____ usually concern whether the court should suppress certain evidence, whether certain individuals can _____, or whether the judge should _____ all charges for _____ of evidence.
motions(2) lack pre-trial testify dismiss before
For minor _____, penalties may include _____, fines, short-term _____, community service, drug and alcohol _____, and payment of _____ to the victim, among others. More serious crimes result in presentation of evidence and arguments from both the prosecution and the defense regarding the appropriate _____. Some jurisdictions will have a separate sentencing phase trial.
incarceration restitution infractions sentence rehabilitation probation
During a sentencing trial, the prosecution presents evidence of _____ factors, and the defense presents evidence of _____ factors. The U.S. Supreme Court has interpreted the US Constitution to protect the right to a jury sentencing trial for all defendants _____ the death penalty.
mitigating facing aggravating