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30 Cards in this Set
- Front
- Back
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Judge's power
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- determines evidence that can be in/excluded
- exclude anyone from court - rule on objections - can stay the proceedings or direct a verdict |
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Jury issues
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- can be judge/jury or only judge
- 12 chosen out of 75 - min. of 10 jurors to continue trial - no pay from employers required |
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Challenge 4 cause
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- bias?
- language issues? - knowledge of case? - last 2 jurors sometimes determine decision |
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Preemptory challenge
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- max. 20 per side
- can eliminate jurors w/ no reason |
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Appearance notice
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- when you are due for trial: official notices telling someone that they have to appear in court at a specific time and place to answer to a criminal charge
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Warrant
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- allows an officer to search and arrest
- used to bring persons to court who have ignored their court appearance |
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citizen arrest vs police arrest
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citizens may not use excessive force. police can.
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legal aid
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gov't pays for lawyer 4 peeps that cant afford dem.
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duty counsel
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gives legal advice to person without a lawyer in court
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reverse onus
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accused responsible for proving why they should be released
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recognizance
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accused signs legal document to understand that they acknowledge the charge
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undertaking
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accused signs to swear that they will attend court date
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disclosure
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crown attorney and defense discuss all evidence
charges may be dropped if one side has stronger evidence |
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plea negotiation
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GOOD: lesser charge=lesser penalty
BAD: innocent defendants may feel pressured and "cop a flea" and may be convicted severe penalty |
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preliminary trial
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after the arraignment: judge determines if there is enough evidence for defendant to stand in trial
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arraignent
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first stage in trial where clerk reads charge to accused and a plea is entered
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Direct evidence
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people who saw crime
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circumstantial evidence
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dna or footprints
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hearsay evidence
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only allowed if witness is dead
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similar fact evidence
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accused had done similar things in past
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prviledged communication
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hearing from expert in field
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character evidence
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figure out wut kind of person they are
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opinion evidence
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btn husband and wife
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leading question
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prompts witness to give desired answer
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directed verdict
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no conclusion in jury, so decision is taken to the hands of the judge
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perjury
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false info w/ the intent to mislead in a judicial proceeding
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voir dire
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mini trial within legit trial to determine if certain evidence is admissable
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self incriminaton
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implicating oneself in a crime; behaviour indicating one's guilt
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inculpatory
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admitting to something incriminating, evidence demonstrates guilt
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exculpatory
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denying something, evidence clears the defendants guilt
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