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Habeas corpus – prisoner must be brought before the court and an explanation must be given for why they should not be released
Formally charged before a judge – 24 hours
Judge sets a preliminary hearing date
Bail
Habeas corpus cannot be suspended unless “when cases of rebellion or invasion the public safety may require it”. (Article I, Sec 9)
Prohibits bills of attainder Punishment without a court trial
Prohibits ex post facto laws Law applied to an act committed before
the passage of the law
Purpose – review prosecution’s case to determine if there is enough evidence to proceed (5th Amendment)
Grand jury – group of 16 – 23 citizens
Preliminary hearing – judge
Indictment – formal charge
Formal charge read in open court
Defendant pleads either: Not guilty Guilty No contest – agree to waive trial and
accept punishment of a guilty plea
6th Amendment - speedy, public, impartial jury Speedy Trial Act 1974 – 100 days from arrest Jury drawn from state/district where crime
was committed, from a fair cross section of community
Can waive jury trial rights
5th Amendment No double jeopardy Don’t have to testify against yourself
“Beyond a reasonable doubt”
Unanimous decision
Hung jury – no verdict can be reached, as if trial never happened
Judge typically determines punishment
Law sets minimum and maximum sentencing
Prison time, fines, community service
Two Stage Approach – deemed constitutional in Gregg v. Georgia (1976) First trial determines guilt or innocence Second proceeding determines whether
death penalty is warranted
Restrictions: Mentally challenged, under age 18,
delusional Jury who convicted must decide