a court procedure during which the criminal defendant is reminded of his/her rights is: course hero

What are the rights of a defendant in a criminal case?

The court advises the defendant of his or her right to counsel and the right to remain silent during the process. The defendant is asked to enter a plea of guilty, not guilty or no contest.

When is a defendant entitled to counsel in a criminal case?

The United States Supreme Court has held that if a defendant faces the possibility of even one day of incarceration as part of a sentence, he or she is entitled to counsel. At which point in the criminal justice process does the responsibility for the case switch from the police to the prosecutor?

What happens during the criminal process?

Before any actual criminal trial, the criminal process provides for a period of time during which the prosecutor and defendant - through the defendant's attorney—exchange information about the charges and alleged facts of the case. A defendant is generally entitled to know what evidence the prosecution has prior to the actual trial.

What does it mean to have a higher court review a case?

That is to say the defendant has the right to have a higher court review the criminal process of the case (Steps 1 through 7) and make a determination as to whether there were legal errors of violations of rights that inappropriately affected the outcome of the case.

What are the 5 stages of criminal procedure?

The five (5) basic steps of a criminal proceeding are the:Arrest.Preliminary hearing.Grand jury investigation.Arraignment in Criminal Court.Trial by jury.

What are the 7 steps of the trial process?

7 Stages To A Criminal TrialVoir Dire. Voir Dire is a fancy French word used to name jury selection. ... Opening Statement. After the jury is empaneled, the trial will begin with opening statements. ... State's Case in Chief. ... The Defense Case. ... State's Rebuttal. ... Closing Arguments. ... Verdict.

What are the 9 steps in the criminal justice process?

However, if a case does make it to trial, it will follow steps similar to these:1) Arrest. ... 2) Booking. ... 3) Bail. ... 4) Arraignment. ... 5) Plea Bargaining or Dismissal. ... 6) Pre-Trial Motions. ... 7) Criminal Trial. ... 8) Sentencing.More items...•

What are the 8 steps of the criminal justice process?

The 8 Steps of Criminal ProceedingsStep 1: Arrest. An arrest is the initial stage in the criminal process in which an individual accused of a crime is taken into custody. ... Step 2: Charges. ... Step 3: Arraignment. ... Step 4: Pretrial Proceedings. ... Step 5: Trial. ... Step 6: Verdict. ... Step 7: Sentencing. ... Step 8: Appeal.

What is the order of court proceedings?

Trial can be divided into four stages: the opening proceedings, examination of evidence, questioning of the defendant, and the closing arguments.

What is the criminal justice process?

Steps in the criminal justice process include the investigation and arrest, pretrial activities, adjudication, sentencing, and corrections. The investigation provides police with the opportunity to collect evidence and attempt to reconstruct the crime as it occurred.

Which of the following procedure occurs first in the criminal justice system?

The arraignment is the first time the defendant appears in court.

What are the 13 steps of the criminal justice process?

Terms in this set (13)investigation. ... Arrest. ... Booking. ... Charging. ... Initial appearance. ... preliminary hearing/ grand jury. ... Indictment/ information. ... Arraignment.More items...

What is the first step in the criminal justice process?

Investigation The first stage in the federal criminal process is an investigation into the crime, and the federal government uses certain agencies to perform this investigation.

What is the procedure of a criminal case in India?

The CrPC provides for the procedure to be followed during the proceedings to conclude the case. The Evidence Act provides what evidence is admissible and relevant during the trial. However, studying the IPC, the CrPC, and the Evidence Act separately will not make one understand the gist of Criminal Law.

What are the steps in a criminal trial quizlet?

Terms in this set (6)Arrest (1st step) Suspect is taken to the police station and booked (1st step)Hearing (2nd step) Suspect appears before a judge and bail is set (2nd step)Indictment (3rd step) ... Arraignment (4th step) ... Trial (5th step) ... Acquittal or sentencing (6th step)

What are the steps in processing a criminal case before it goes to court?

Steps In a Criminal CaseStep 1: Crime Committed / Police Notified.Step 2: Police Investigate.Step 3: Police Make an Arrest (or Request a Warrant)Step 4: Warrant/Charging Request Reviewed by Prosecuting Attorney.Step 5: Warrant Issued.Step 6: Suspect Arrested.Step 7: District Court Arraignment.More items...

What is a Supreme Court case in which a majority of the justices agree on the holding and reasoning?

A U.S. Supreme Court case in which a majority of the justices agree on the holding and reasoning is a. dissenting opinion. An opinion by one or more U.S. Supreme Court Justices who disagree with the majority's holding and reasoning is a. U.S. District Courts.

What is the burden of proof in a criminal case?

the burden of proof for a guilty verdict in a criminal case. probable cause. the burden of proof at a criminal preliminary hearing. no contest. When a defendant indicates to the Court that he has committed the acts that he is charged with committing but he denies that he is guilty of the offense, he has entered a plea of.

What is the burden of proof at a grand jury hearing?

the burden of proof at a grand jury hearing is. arraignment. the initial appearance in a misdemeanor case is considered. State Court of Appeals. Orkin was charged with felonious assault for striking her boyfriend with a golf club. At her trial in state trial court, the judge allowed the golf club as evidence.

What is the ultimate and inevitable discovery rule?

Ultimate and Inevitable Discovery Rule. A police detective arrests a robbery suspect. He asks the suspect about the location of the missing money but failed to properly read the suspect her Miranda rights. The suspect told the detective that she hid the money in the back seat of the police car after she was arrested.

Why is the evidence admissible?

The evidence is admissible because Ben was not a law enforcement officer. Ben thought his neighbor was cooking drugs in his house. Aggravated that the police couldn't do anything about it, Ben broke into his neighbor's house one morning and found a meth lab in the basement.

Where did the suspect hide the money?

The suspect told the detective that she hid the money in the back seat of the police car after she was arrested. The police officer who transported the suspect searched the squad car and discovered the money. It is the standard procedure for a police officer to search their vehicle after transporting a prisoner.

Which opinion represents the reasoning of the highest number of judges?

plurality opinion. In a U.S. Supreme Court case in which a majority of the justices are unable to agree on the holding or reasoning, the opinion which represents the reasoning of the highest number of judges is a. interlocutory appeal.