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17 Cards in this Set
- Front
- Back
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Stack vs. Boyle
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1. 8th Amendment
2. Principal bail ruling 3. Supreme addressed "excessive bail" ruling that the amount must be based on standards relevant to ensuring the presence of the defendant at trial. |
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Nolo Contendere
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"no contest" is essentially a guilty plea. Entails surrendering of certain constitutional rights & conviction is immediate.
*Benefits the accused |
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Statues of Limitations
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Bar prosecution for most crimes after a certain amount of time has passed; that is, suspect must be accused within a reasonable period after the offense was committed.
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Motion for Discovery
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Request to examine physical evidence, evidentiary documents & lists of witnesses in the possession of the prosecutor.
EXAMPLES: 1) Brady vs. Maryland 2) Moore vs. Illinois |
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Motion for Change of Venue
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request trial be moved from county, district or circuit in which crime was committed to some other place.
- Typically made by Defense |
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Motion for Suppression
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Request to have evidence excluded from consideration, typically filed by defense to bar evidence obtained as result of illegal search & seizure etc.
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Motion for a Bill of Particulars
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Written statement specifies additional facts about charges contained in the information or indictment.
- Motion filed by defense, request for more details from prosecution. |
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Motion for Severance of Charges or Defendants
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Requests that each specific charge be tired as a separate case.
- Many legal actions involve multiple charges against one defendant. |
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Motion for Continuance
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Requests that the trial be postponed to some future date.
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Motion for Dismissal
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Defense attorneys make a motion for dismissal of charges on the ground that the prosecution has failed to produce sufficient evidence to warrant further processing.
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Venire
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Writ that summons jurors, master list of eligible jurors, names are selected at random.
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Voir Dire
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"to speak the truth" is an oath sworn by a prospective juror regarding his/her qualifications.
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Batson vs. Kentucky
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Prosecutor in the trial of a black man used his peremptory challenges to exclude all 4 Africans on the venire & a jury composed only of whites was selected.
- 14th amend. forbids prosecutor challenging potential jurors solely on race, Supreme Court expanded to include gender. |
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J.E.B. vs. Alabama ex rel. T.B.
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decided by 6-to-3 vote, action brought by state on behalf of mother against supposed father. Prosecutor used 9 of 10 peremptory challenges to strike males from the jury panel.
- Court saw this was in violation of 14th amend. equal protection clause |
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Evidence--4 Types
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1) Real: physical details & objects
2) Testimonial: sworn, verbal statements of witnesses 3) Direct: eyewitness evidence 4) Circumstantial: indirect, from which a fact can be reasonably inferred |
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Evidence in Chief
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Council for accused has opporunity to offer the first or direct examination of a witness
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Jury Nullification
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Refusal of a jury to convict bc of severe nature of sentence involved.
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