Criminal Law and Procedure Flashcards
6 cards from real CP practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 6 Criminal Law and Procedure flashcards as text
What is the right to a speedy trial under the Sixth Amendment?
Answer: A right requiring trials within a reasonable time, with no fixed limit
The Sixth Amendment guarantees a speedy trial but courts use a balancing test rather than fixed time limits.
What is mens rea in criminal law?
Answer: The mental state or intent required for criminal guilt
Mens rea refers to the guilty mind or mental state that must accompany the criminal act for most crimes.
What is the chain of custody for evidence?
Answer: A documented record of who handled evidence from collection to trial, ensuring integrity
Chain of custody is the chronological documentation tracking seizure, custody, control, transfer, analysis, and disposition of evidence.
What is an arraignment in criminal procedure?
Answer: A proceeding where the defendant is formally charged and enters a plea
An arraignment is where the defendant is informed of charges, advised of rights, and asked to enter a plea.
What is a preliminary hearing in criminal procedure?
Answer: A hearing where a judge determines whether probable cause exists to hold the defendant for trial
A preliminary hearing requires the prosecution to demonstrate probable cause that a crime was committed and the defendant committed it.
What are mandatory minimum sentences?
Answer: Statutorily required minimum prison terms that judges must impose regardless of circumstances
Mandatory minimums are laws requiring judges to impose a minimum prison term for specific offenses, limiting judicial discretion.