Criminal Procedure

Criminal Procedure

​Goal:

Review Criminal Procedure

​

From the "Investigation" Stage TO "Sentencing & Appeals" ​

Relay Races​

You may refer to the packet if needed :)

If it is a question requiring MORE than one correct answer, there will be tiny boxes in the top right corner of each choice. ​

May the force be with you...​

Multiple Choice

Within 72 hrs. of arrest, one must be brought to court & informed of the nature of the charges faced & what their rights are- including a lawyer. Bail MAY be set. This court hearing is called the ________.

• Arraignment

• Initial Appearance

• Habeas Corpus Hearing

Multiple Select

ID methods law enforcement uses to collect evidence.

• Search Warrants

• Knock and Talks

• Surveillance & Undercover Operations

• Formal Interviews at the Police Department

Multiple Choice

What is the proceeding where the prosecutor presents a criminal complaint to a jury, asking them to formally charge someone with a crime?

• Habeas Corpus Hearing

• Evidentiary Hearing

• Grand Jury

Multiple Choice

Charges issued by a Grand Jury are called.......

• Indictments

• Indicators

• Resolutions

Multiple Choice

Around 90% of felony cases never make it to trial because a _____is negotiated. These "deals" usually get the defendant to plead guilty to a lesser charge.

• Ex Post Facto

• Bill of Attainder

• Plea Bargain

Multiple Choice

The ____ is a court proceeding where the defendant is informed of the formal charges and asked to enter a plea.

• Arraignment

• Initial Appearance

• Oral Arguments

Multiple Choice

During Discovery, BOTH sides share ALL the evidence they plan on USING at trial- including the witnesses they intend to call.

• True

• False

Multiple Choice

___ requires the Prosecution to share all evidence GATHERED by the police EVEN if they do NOT plan to use it in court! This includes EXCULPATORY evidence (favors the defendant).

• The Brady Rule

• The Evidentiary Standard

• Miranda v. Arizona (Miranda Rule)

Multiple Choice

The _____ requires that evidence obtained illegally is inadmissible (can't be used) in court!

A defense attorney will use this rule to suppress evidence during an Evidentiary Hearing.

• Miranda Rule

• Brady Rule

• Exclusionary Rule

Multiple Choice

Which is NOT true about a trial jury?

• Composed of 12

• Unanimous Verdict Required

• They weigh the evidence and apply the facts to the law to determine outcome

• They have to meet UNTIL they reach a decision

Multiple Choice

If a jury convicts, who determines the punishment?

• The jury does

• The judge

Multiple Select

When sentencing a judge will consider

• aggravating & mitigating circumstances

• prior criminal convictions & if remorse is shown

• sentencing guidelines (maximum and minimum years, etc)

• what happens in other countries

Multiple Choice

If convicted, under what conditions can one appeal their case?

• They disagree with the conviction

• There are no stipulations to appeal a case

• An "Error of Law" was made

Multiple Choice

In Ohio, one can have a jury trial for misdemeanor offenses.

• True

• False

Multiple Select

Select ALL which apply to misdemeanor cases.

• 8 jury members if it goes to trial

• 95 % of cases are plea bargained

• You have no due process protections

• If jury can't reach a decision- it isn't "hung"-- they work out a plea deal.

Open Ended

10 points

Your client, Velma Dinkley, is a suspect in a grand larceny scheme. The evidence against her is sketchy, but she is now a frail 80 y.o. and you're afraid of what the media coverage and the stress of the courtroom may do to her emotional well-being. In Ohio, after an arrest, one can request a preliminary hearing . This would take place BEFORE the grand jury hears her case to decide whether she is indicted (charged with the crime). Would you advise your client to request a preliminary hearing, or would you rely solely on the wisdom of a grand jury? EXPLAIN your answer.

Here's a detailed breakdown of Grand Juries and Preliminary Hearings 

Grand Jury: 

• Purpose: To determine if there is enough evidence to indict (formally charge) a person with a felony. 

• Composition: A group of citizens (typically 9 in Ohio) selected randomly from voter lists. 

• Proceedings: Secret and one-sided, with only the prosecutor presenting evidence. 

• Outcome: If the grand jury finds probable cause, it issues an indictment, formally charging the person with a crime. 3/4s of the 9 grand jury members must agree to indict.

• Defendant's Rights: The defendant does not have the right to be present or have an attorney at a grand jury proceeding. 

Preliminary Hearing: (like a “mini-hearing”)

• Purpose:
  To determine if there is probable cause to believe that the defendant committed the crime and should be held for trial. 

• Proceedings:
  An open court proceeding where the defendant and their attorney can attend, call their  own witnesses/evidence,  and cross-examine the prosecution witnesses. 

• Outcome:
  If the judge finds probable cause, the case is bound over (scheduled) for trial. If the judge believes there is no probable cause, they will dismiss the case.  

• Defendant's Rights:
  The defendant has the right to be present, have an attorney, and cross-examine witnesses.