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83 Cards in this Set
- Front
- Back
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What are the 6 basic components of a trial? |
Opening statements, prosecution presentation, motion to dismiss, defense presentation, closing arguments, and jury instructions. |
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What is the process of questioning witnesses? |
Direct examination, cross-examination, re-direct, and re-cross. |
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What is the first rule of evidence? |
Anything is admissible unless there is a ruling against it and the judge gets to decide |
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What happens during the opening statements? |
The prosecution talks and then the defense rebuttals. |
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What happens during the prosecution presentation? |
The prosecution calls witnesses in. |
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What is the motion to dismiss in a trial? |
It is done by the defense when there is no reasonable doubt present. "Motion denied". |
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What is the defense presentation? |
The defense does not have to call witnesses or present evidence. They do have to present the same information while challenging legal guilt. |
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What happens during the closing arguments of a trial? |
Back-and-forth between defense and prosecution. Don't want guilt or innocence to be based on acting. |
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What is a direct examination of a witness? |
The first lawyer presents the first set of questions from the prosecution side. |
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What is a cross-examination of a witness? |
The second set of questions, asked by the defense. Leading questions are not permitted. |
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What is a re-direct questioning of a witness? |
First set of questions asked again by the prosecution. This is when leading questions are permitted. |
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What is a re-cross questioning of a witness? |
Second set of questions asked again by the defense |
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What is a 'leading question' asked when questioning a witness? |
A question that 'coaches' the witness to say a certain (the correct) answer.
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What is an expert witness and what is their role? |
People like police officers and detectives. They are allowed to express their opinions in court and it be admissible. |
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What is admissibility of evidence? |
Whether or not evidence can be used in court and is decided by the judge. |
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What is the difference between factual and legal guilt? |
The former is what the defendant actual did, while the latter is what a prosecutor can prove. |
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What is the 'burden of proof'? |
Proof beyond a reasonable doubt and the preponderance of evidence. |
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When is the investigator involved with courts before a trial even occurs? |
Getting a warrant or affidavit, or for preliminary or suppression hearings. |
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When is a case not prosecutable? |
Either it is never solved, have suspect but no probable cause/proof beyond a reasonable doubt, may get important evidence tossed out, Miranda law not followed, or the victim/witness disappears. |
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Why might the investigator decide to postpone an arrest? |
Either to make the case stronger, may have probable cause but not proof, other evidence will be harder to obtain, (in narcotics) want to get as many perpetrators as possible. |
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When should an investigator NOT postpone an arrest? |
Suspect is a danger to theirself and/or others |
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What are the two types of trials? |
Jury trial and a trial to the court. |
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Who is the 'finder of fact'? |
The person who decides the outcome - guilty or not guilty Can be jury or judge depending on trial type |
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What is an impartial jury? |
A jury that hears a case with no prejudice and will give a fair verdict.
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What is 'sequestration'? |
Witnesses cannot observe the testimony of other witnesses. For jurors, they cannot discuss the trial with other people, read or look at the news, or talk with other jurors until deliberation |
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Why do we need sequestration? |
So not to influence witnesses or let them get together and 'decide' on a story. |
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Who is often ordered to sequestration? |
Jurors and advising/advisory witnesses. |
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How are jury members selected? |
Defense and prosecution get to question potential jurors and dismiss them if they want. |
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What are peremptory challenges? |
Attorneys can challenge potential juror w/out giving a reason. May receive a limit of dismissals by the judge. Cannot dismiss for reasons of discrimination. |
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Why would an attorney challenge a potential juror? |
They hold a demonstrated bias against their client. |
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Where in a vehicle are cops allowed to search? |
Any where in 'plain-view'; the passenger compartment but NOT the trunk if separate. |
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Are officers allowed to perform a vehicle search following a traffic citation? |
NO but may look in the car, even with flashlight. |
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What are exigent circumstances? |
Emergencies, dangerous situations, flight or escape risk, potential evidence destruction, hot/fresh pursuit, when crossing state borders |
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What is the Plain View Doctrine? |
What an officer can legally see is admissible without a warrant. The court says: police are not required to overlook evidence. |
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In the James Holmes trial, why was the defense arguing against the defendant's wallet search? |
Police didn't have a warrant; however judge agreed with prosecution as the wallet was seized during a legal search incident to arrest. |
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What are the locational types of narcotics investigations? |
Local, regional, state, and federal. |
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What do narcotics detectives target? |
Drugs and money from drug transactions. |
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What are the 4 types of gathering information? |
Tip informants, citizen informants, anonymous tips, and from other police agencies (DEA). |
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What are the 4 types of informants? |
Defendants, paid, citizen, and other law enforcement. |
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Why would a defendant give up information? |
For personal benefit - reduced jail time, get removed from jail, etc. |
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What kind of defendants will police NOT work with to gather information? |
Murderers, rapists, or active parolees. |
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What is an active parolee? |
A convicted felon released early from their sentence, due to over-crowding or behavior, on close legal watch. |
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Why do defendants often have information to release to law enforcement? |
They usually operate in the same circle as those who police are trying to catch, and have selfish motive. |
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How is information gathered from defendant informants? |
They are placed in a soundproof room and contact their dealer (monitored/recorded call), then place a deal. Or, they introduce an undercover officer to a dealer but wait a couple deals before arresting as to 'wall off'. |
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What is 'walling off'? |
Creating a wall between the information/informant and the suspect as to protect the former. |
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What happens when suspect's attorney asks where protected information comes from? |
An 'in camera' hearing occurs; be sure to have strong evidence besides that; informant's information should just act as a pointer to crime, not as the only solid evidence. |
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What is an In Camera Hearing? |
A meeting in the judge's private chambers with the prosecutor, investigator, and the judge. |
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What are some cautionary measures to take when dealing with paid informants? |
Pay them low at first until arrests made/credibility is built and tell them that it is not worth their life to give up info |
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What happens at an undercover sting? |
Undercover officer goes to a drug trade with defendant, then walk away. Repeat with different people (as to not trace who tipped off info.). Call dealer and ask if can meet alone (just officer and dealer). Possibly repeat. Then, buy-bust occurs, with cop possibly arrested as well. |
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When is it okay to lie as an undercover cop? |
When asked if you are a cop and when told to partake in illegal or illicit activities. |
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What is the rotation policy in narcotics and why does it exist? |
The limit on the number of years you are allowed to work vice as to not become a corrupted cop. |
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Who is the case agent detective? |
The detective who plans investigation tactics and makes sure everyone is following safety rules (not being alone with suspect, not moving drug trade locations). |
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What is the FBI's definition of forcible rape? |
The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim |
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What do new definitions of rape include that the FBI's definition doesn't? |
It includes crimes against males and females, and acts other than sexual intercourse |
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How are sexual assaults classified? |
Depending on the state, by either the degree of seriousness, the form of sexual contact, if done to a child, whether a weapon was used, etc. |
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Who has the highest victimization rate regarding sex crimes? |
Females between age 16 and twenty |
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What percent of sex crime victims are male? |
8 percent |
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Why must investigators stay mindful when working with sexual crime victims? |
The crime likely gave the victim emotional and physical trauma, and/or they were blamed. They may lie out of fear or discomfort |
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Why might it seem that a sex crime victim is lying or disclosing information? |
They want to forget the traumatic experience, have probably re-told the story multiple times, may feel uncomfortable talking to a male officer, may think people won't believe them, they knew their assailant personally, and/or personal life (job) is at risk. |
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Name examples of serial rapist M.O.s |
Amount and type of physical force, verbal activity, sexual dysfunction during the attack, type of victim (petite, race, etc.), time of day, disguise/outfit, force victim to do or say something |
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What is the crime scene with rape? |
The victim's body |
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List whati s collected from a sex crime victim's physical examination. |
Oral, nasal, vaginal, and rectal samples; their clothing; fingernail scrapings; any foreign debris on their body; any stains on their body; pubic hair combing; swabs and photo of bite marks; blood and urine samples from toxicology screening (date rape drug like Rohypnol or GHP or even alcohol) |
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What would a rapist wear a condom? |
To limit the biological evidence available for recovery and analysis or to protect against sexually transmitted diseases. |
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What can be recovered even if a rapist wears a condom? |
Condom brand could be determined from lubrication, powders, spermicide, etc. which could then establish corpus delecti |
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Name examples of potential primary and secondary sex crime scenes (besides victim's body). |
The place where the victim was approached, where they were attacked, where they were disposed of, and where the perpetrator fled after the crime. |
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What are the two most common date rape drugs, why are they used, and how do they work? |
Rohypnol and GHB; they are used when the assailant knows the victim; they are tranquilizer drugs that affect a victim's memory and puts them to sleep or into a "black-out phase". |
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What is the difference between "contact" rapists and "sexual aggressor" rapists? |
The former are those whose primary motive is sexual pleasure with their victims often being their friends or acquaintances; the latter usually don't know their victims and the act of rape is an expression of anger or control. |
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How do "contact" rapists act when being interrogated? |
They try to lower the level of the crime's seriousness, blame the victim or alcohol, say one night got out of control, etc. |
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What are the sub-types of "sexual aggressor" rapists? Briefly explain each. |
Power reassurance: rape is an expression of power. May apologize, ask for forgiveness, say he lacks social cues Power assertive: commits rape to dominate the victim. Uses excessive force, blames his victim Anger retaliatory: commits rape for purposes of revenge and anger. Uses excessive force Anger excitation: primary motive is to inflict pain and suffering. Use brutal force and respond to unemotional themes in interrogation |
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What does someone do when harassing? |
Intent to annoy or alarm by physically harming, using direct obscene language or gestures, follows, initiating communications of obscene nature, insults, taunts (all to provoke a violent response) |
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What are intimate parts? |
Genitalia, buttocks, pubes, breasts. |
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When is sexual assault a Class 4 Felony? |
Lack of consent, victim is incapable of giving consent, victim is under age of 15 and actor is at least 4 years older. |
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When is sexual assault a Class 3 Felony? |
Victim is physically helpless and actor knows, or: use of force or violence; threat of death, injury, pain, kidnapping, or future retaliation; OR if actor has impaired the victim's power to give consent. |
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When is sexual assault a Class 2 Felony? |
The actor is aided by one or more people, the actor causes serious bodily injury, OR the actor is armed with a deadly weapon. |
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If the victim showered after a sexual assault (purposefully or forcefully by assailant), what can investigators do to collect evidence? |
Search the bathroom drain |
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What is a "rape kit"? |
Exam to determine if, how, and who in a sex rape crime. |
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What needs to happen for the victim during their rape kit? |
They need an extra pair of clothes, help her feel comfortable during exams and swabs, emphasize the need for medical attention especially in case of pregnancy and STD exposure, let her know what to expect, and respect her wishes. |
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How can medical reports following sex crimes uphold in courts? |
They can be subpoenas and Doctors can medically prove penetration, and document force (vaginal tears, wounds, stitches) |
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If you have a rape suspect what should you do to gather evidence on him? |
Collect all the same bodily fluids as the victim as to compare DNA and stains, photograph any wounds or bruises he has |
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Name some myths and misconceptions about rape. |
Rape is a crime of passion/lust; rapes happen fast, in dark alleys and lonely parks, committed by strangers |
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Name some facts about rape. |
Rape is a crime of violence. The object is to degrade, humiliate, terrify, and hurt victims. Many happen in broad daylight. 70% are planned, 60% happen in homes/apartments, 40% victims known to attacker. Rape is under-reported |
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Name some facts about rape assailants. |
No such thing as a "typical" assailant. 3/5 are married. They don't have unusually strong sex drives. Generally express violence. |
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Name some facts about rape victims. |
No such thing as a "typical" victim. Everyone is a potential victim. Nobody expects to be raped. Vulnerability is the key factor (not age, sex, dress, etc.) |
