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What four criteria are used to determine if a trial delay is unconstitutional?
1- The length of the delay. 2- The reasons for it.3- Whether the delay has in fact harmed the defendant.4- Whether the defendant asked for a prompt trial.
Can a bench warrant be issued prior to trial?
Yes. Bench warrants are normally issued when the defendant does not appear for a court date, be it arraignment, trial, motions hearings, etc.
What does it mean to allow a person to be released on 249K bond?
It means that the defendant may be released from jail prior to trial by posting a cash or property bond in the value of $249,000.00 with the court. That amount was deemed by the court sufficient to ensure the defendant's appearance at trial.
What are two reasons that a criminal defendant can be expelled from trial?
Yelling, talking, interrupting, etc. Or threatening anyone in the courtroom
Who is the defendant?
The defendant - is the person accused of a crime in a trial.
Are the parties to a criminal trial the government and the defendant?
Yes, in a criminal trial it is always the government against the defendant.
What are the four criteria set by Barker vs Wingo?
1.) The length of the delay,2.) the reasons for it, 3.) whether the delay has in fact harmed the defendant and,4.)whether the defendant asked for a prompt trial.
What are the two side in a criminal trial?
The sides in a civil trial are the same as a criminal trial. There is a plaintiff and a defendant. In a criminal trial the plaintiff is usually the jurisdictioni charging the defendant.
What type of jury decides the fate of a defendant beyond a reasonable doubt?
A petit jury in a criminal trial decides whether or not a defendant is guilty beyond a reasonable doubt. The other type of jury, the Grand Jury, decides whether or not there is sufficient evidence to bring charges against a defendant prior to the trial. It does not decide whether or not the defendant is guilty. Therefore the Grand Jury is not bound by the standard of beyond a reasonable doubt.
What is jury tampering?
It describes the attempt by the defendant (or persons associated with the defendant) to influence the jury sitting on the defendant's trial.
What are the two primary purpose of bail?
The main purpose of bail is to ensure the presence of the defendant in future court proceedings. Also, there is a risk that defendants may pose danger to the community if they are not detained prior to trial.
A defendant has the right to be judged by which of these?
In a jury trial - by a jury of his peers. If the defendant choses a Bench Trial then he will be judged by the Judge.
