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34 Cards in this Set
- Front
- Back
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Purpose of Defense |
Mitigate Or eliminate punishment |
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What cases are held in County court |
Misdemeanors |
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What cases are held in District Court |
Felonies |
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What is the difference between evidence and proof |
Evidences is individual items Proof is the sum total of the evidence |
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What are the burdens of proof |
Beyond A Reasonable Doubt Clear and convincing Preponderance of the evidence Probable cause |
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What are the two types of evidence |
Direct-proves a fact Circumstancial- could be interpreted diffrently |
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What is demonstrative evidence |
Maps, photos, mpdels, diagrams |
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What is hearsay |
A statement made outside of court to prove the truth |
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What are the exceptions of hearsay? |
Spontaneous statements Admissions and confessions of the defendant excited utterances statements for purposes of medical diagnosis or treatment business records and records of other regularly conducted activities |
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What is a spontaneous statement |
A statement made while describing or explaining any event or condition made while declarant was perceiving event or condition |
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What is an excited utterance |
A statement made under the stress of excitement |
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What do you need to get a warrant (rule 4)? |
Felony complaint must include sworn statement of facts establishing PC Class 1 2 and 3 felonies must be done by PC affidavit All others via summons |
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What is rule 41? |
Pertains to search warrants Insurance contents execution and return (must be executed within 14 days) |
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What is rule 41.1? |
Special search warrants non testimonial ID interrogation during collection of evidence 14 days at reasonable hours |
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In regards to Childrens code what is a Juvenile?
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From the ages of 10 to 17 and 364 days
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When can an adult take a juvenile into custody?
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When they have witnessed the crime and immediately contact law enforcement
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Can we hold a child in temporary Custody without a warrant?
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Yes if there is reasonable grounds to believe a child has committed a delinquent act
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Who can issue a warrant for a juvenile?
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Judge or Magistrate DA with a PC affidavit Probation/ Parole officer Department of Human Services (DHS) Police officer with Probable Cause
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What should you do upon an arrest of a juvenile?
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Call the parents or legal guardian without undo Delay
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When should you fingerprint a juevenile?
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Felony, Class 1 misdemeanor, DUI, Domestic Violence
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When would you detain a juevnile and not release them?
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Parent/ Guardian refuses to take them home or if they don't have a guardian Mandatory hold Crime Violent Crimes Juvenile with extensive record
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What are the 3 types of mandatory holds?
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Crimes involving weapons Crimes involving Firearms Crimes of violence
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At what point is a juvenile in custody?
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A reasonable person in the juveniles position would not feel free to leave
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When do you not need a guardian present?
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Juvenile is 18 or the officer believes he/she is Runaway from another state and are of sufficient age and understanding Emancipated Minor
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Who can not act as a guardian?
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DYC client manager Caseworker foster parent
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Under what conditions can you interrogate a juvenile?
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Guardian is present and both parent and child have been read Miranda and agree to it
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When can you interrogate a minor without their guardian present?
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When you have written consent from the parent and both agree to it.
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When can a school search a juvenile or their possessions?
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When they have reasonable suspicion and it is dictated in their policy
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How soon does a Juvenile have to have a hearing?
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48 hours
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How soon must charges be filed for a juvenile?
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72 hours
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What are the sentencing options for a Juvenile?
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Community Service Restorative JusticeRestitutionProbation with conditions( anger management, DVC, letter of apology, etc)Detention for up to 45 daysDYCYOS
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When can a Juvenile be filed as an adult?
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Is 16+ and Class 1 or 2 felony OR Sexual Assault Juvenile has a previous felony ajudication Or has a previous direct file
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What is a young adult offender per 18-1.3-407.5?
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18-20 at time of crime under 21 at time of sentencing
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When can a juveniles record be expenged?
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4 years after termination of court’s jurisdiction (release from parole or probation) 1 year after successful completion of Diversion or dismissal by DA 10 years for repeat or mandatory sentence offenders
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