Courts And Criminal Justice Final

Front 1

Three common forms or explicit plea bargains are:

Back 1

1. Pleading guilty to a charge less serious than the original charge.

2. Pleading guilty to the original charge in exchange for promises concerning sentence to be imposed, such as some leniency or a specific sentence the prosecutor has promised to make to the court.

3. Pleading guilty to the original charge in exchange for the prosecutor's promise to drop or not file other charges.

Front 2

What are some of the reasons plea bargaining is as big as it is?

Back 2

1. Crowded court dockets.

2. Increase in professionalism among police and prosecutors so there are fewer disputes over guilt or innocence (stronger cases induce more pleas).

3. The rise of professionalism among defense attorneys and the broadening of the rght to counsel.

4. Changes in jury trial processfrom simple to time consuming, cumbersome and expensive.

5. Constitutional due proces revolution.

6. The desire of prosecutors and judges to reach a sentence that suits the needs of the individual offender.

Front 3

Name some things that would happen if we did not have plea bargaining?

Back 3

Many cases would be dropped, it would be much more expensive to take more cases to trial, defendant would have to go through stress and embarassment of trial.

Front 4

Can a prosecutor threaten a defendant to take a plea?

Back 4

No! But he/she can encourage.

Front 5

True or False: Judges are permitted to particpate in plea bargaining.

Back 5

False! Judges shall not participate in any such plea bargaining discussions.

Front 6

True or False: a prosecutor must extend a plea bargain.

Back 6

False - a prosecutor is never required to extend a plea bargain offer.

Front 7

True or False: a judge is required to sentence per a plea agreement.

Back 7

False - a jusdge is free to refuse to give any consideration to the agreement which has been reached by the parties.

However, when a judge does this, he must make it known that he rejects the plea agreement which gives the defendant an opportunity to withdraw his guilty plea.

Front 8

Name the six fundamental steps that must be followed by a judge taking a plea agreement.

Back 8

1. Voluntariness/Competency
2. Understanding Charge
3. Understanding possible consequences of guilty plea.
4. Understanding constitutional rights being waived by pleading guilty and alternatives.
5. Factual basis for guilty plea (defendant says what it is that made them guilty)
6. Plea agreement entered and in writing and defendant has signed.

Front 9

Name several reasons for challenges for good cause.

Back 9

-Person was a member of the grand jury that found the indictment.
-The person has formed an opinion as to guilt or innocence.
-State is seeking death sentence and that doesn't jive with the person's opinions.
-The person is related within the fifth degree of the defendant.
-The person served as a juror previously where the def was a party (criminal or civil).
-The person is also subpoenaed as a witness.
-Person is mentally incompetent
-Person is an alien.
-Person is biased or prejudiced.
-Person has personal interest in trial.

Front 10

Which crimes require a 12 person jury?

Back 10

Class A, B, or C. All others are 6.

Front 11

How many jurors can a defendant and prosecutor each challenge peremptorily for murder with death penalty?

Back 11

20

Front 12

How many jurors can a defendant and prosecutor each challenge peremptorily for Class A, B, or C felonies?

Back 12

10

Front 13

How many jurors can a defendant and prosecutor each challenge peremptorily for non Class A, or B, or C felonies?

Back 13

5

Front 14

True or False: if a judge does not like part of the plea agreement he can use some of it and not all of it.

Back 14

False - a judge must either accept all of it, or reject all of it. Its a package deal.

Front 15

Name the 3 basic fundamentals behind the right to a speedy trial:

Back 15

1. Prevent undue oppressive incarceration prior to trial.
2. Minimize anxiety and concern accompanying public accusation.
3. Limits the possibility that a long delay will impair the ability to defend yourself (witnesses are long gone, evidence is old).

Front 16

The 6th Amendment gives the right to speedy trial, what are three purposes for this?

Back 16

1. Safeguard against mistreatment, rude or disrespectful treatment.
2. To make proceedings known to witnesses whom otherwise may not come forward with info.
3. Helps assure truthful testimony by inducing a fear that if your lying, someone is going to know about it.

Front 17

If you give you your right to public trial that does not mean you get a private trial, why?

Back 17

Because the first amendment allows others to attend, thus making it public.

Front 18

What reasons why a judge may order a court proceeding closed?

Back 18

To protect the identity of minors, persons in the witness protection program, or undercover agents.

Front 19

What rights is the defendant giving up by taking a guilty plea?

Back 19

-Right against self incrimination
-Right to trial by jury
-Right to speedy, public trial
-Right to confront witnesses against you

Front 20

Which type of challenge to a prospective juror is unlimited?

Back 20

Challenge for cause

Front 21

Which type of challenge to a prospective juror is limited?

Back 21

Peremptory

Front 22

Do you have to give any reason at all for challenging a juror peremptorily?

Back 22

No

Front 23

Do alternate jurors contribute to discussion?

Back 23

No - they remain silent and are flies on the wall but ready to step in if needed.

Front 24

Name two reasons the 6th Amendment right to trial by jury is important.

Back 24

1. Safeguard against corrupt or overzealous prosecutors.

2. Safeguard against biased judges.

Front 25

True or false: a jury has the ability to acquit a defendant even if they look at the facts and say the facts show guilt. But if the jury says the law is unjust, its not right so we aren't going to convict they can say the law is unjust so they aren't going to enforce it.

Back 25

True

Front 26

What are some reasons a defendant would want to waive his right to trial by jury?

Back 26

Really technical defenses like insanity. Or child molestation, the defendant wants the most dispassionate person possible.

Front 27

What must be done during the prosecutor's case in chief?

Back 27

Show a prima facie case

Front 28

What are the two basic forms of communicating information to the jury?

Back 28

Testimony/witness (eyes and ears)
Tangible (exhibits, physical evidence)

Front 29

The examination by a party's own witness is called:

Back 29

Direct

Front 30

The examination by opposing party's witness is called:

Back 30

Cross

Front 31

True or False: As a general rule, an attorney may ask leading questions of a witness he calls to the stand.

Back 31

FALSE

Front 32

A party can only ask his own witness _____ questions.

Back 32

Direct

Front 33

A party can ask opposing party's witness _____ questions during cross examination.

Back 33

Leading

Front 34

A question is _____ if it suggests the desired answer.

Back 34

Leading

Front 35

A question that asks "what color was the light?" is an example of what type of question?

Back 35

Direct

Front 36

A question that asks "the light was green, wasn't it?" is an example of what type of question?

Back 36

Leading

Front 37

To testify, a witness must be _______.

Back 37

Competent

Front 38

Who starts closing arguments first?

Back 38

Prosecutor, but he can save some of his time for after the defendant's closing arguments.

Front 39

What are some of the things the judge will instruct the jury on in final instructions?

Back 39

Presumption of innocence
Proof beyond a reasonable doubt
Elements of crime
Elements of defense
How to judge the credibility of witnesses

Front 40

True or False: Since the 6A and the 14A encompass the very basic right of a defendant in a criminal case to be present in the court at every stage of his trial, a count cannot UNDER ANY CIRCUMSTANCES commence a trial or continue to proceed with a trial in the absence of the defendant.

Back 40

FALSE. If a defendant is making it impossible to proceed, he may be removed.

Front 41

True or False: a defendant waives his 5th Amendment privilege against self incrimination applicable to states throughj the 14th Amendment due process clause when the defendant takes the stand and begins to testify.

Back 41

True

Front 42

What are three ways a judge can be removed?

Back 42

1. Challenge for cause by party.
2. Judge recueses himself.
3. Judge lets the parties known and let them decide.

Front 43

What can a judge do to try and stop the media coverage?

Back 43

He can't gag order the media but he can the parties, witnesses, police to ban them from speaking to the media.

Can restrict media coverage of the actual proceeding but not out of the courthouse.

Front 44

What two things must happen first before a defendant can be removed from the trial?

Back 44

1. Bind and gag them.
2. Hold defendant in contempt.

Front 45

If a defendant is removed from the courtroom, what must he be provided with?

Back 45

Closed circuit tv access to court proceeding or view the proceeding through one-way glass.

Front 46

What are three essential (constitutional) functions of jury selection?

Back 46

1. To select a fair and impartial jury.
2. A representative fair cross section of the community.
3. A jury of ones peers, no one can be excluded by race, sex, religion, national origine, or gender.

Front 47

3 functions/reasons for peremptory challenges.

Back 47

1. Teach litigants an the community that jury is a good method to decide matters because the jury belongs to litigants.
2. Allows secret expression of what we dare not say but know is true. (Physics professors have a hard time weighing things that are not exact)
3. A shield for a challenge for cause (a juror insists they are fair and impartial but you don't think they will be and you don't want to upset him/her)

Front 48

3 functions of voir dire (to get down to your final jury)

Back 48

1. To get information from each juror to establish a basis for a challenge for cause.
2. To facilitate the intelligent use of peremptory challenges (by asking questions and learning about each juror)
3. Allows the lawyer to develope a rapport with the jurors and find out if each juror will be open to your defense or the details of the case.

Front 49

What is the purpose of opening statements (generally not, pros specific)?

Back 49

To acquaint the jury with some basic facts expected to prove and these statements are not evidence.

Front 50

Is it optional for the defendant to make an opening statement?

Back 50

Yes - it is not required for a defendant to make an opening statement.

Front 51

What is it called if the entire jury is challenged because a class was excluded, like no women in the pool of a case where a woman is the defendant.

Back 51

Challenge to the Array

Front 52

Who MUST make an opening statement? Who is it optional for?

Back 52

Prosecutor (required)
Defendant (optional)

Front 53

How much "preview" of evidence must the Prosecutor show at opening? (Ie. "the evidence I am about to show you will prove x, y, z.")

Back 53

Enough evidence that if true, it would convict the defendant.

Front 54

How can a juror be excused?

Back 54

If he is over 75

Front 55

How can a juror be deferred?

Back 55

If a juror has a commitment they can't get out of they get a one-time pass to defer jury duty up to 12 months and then they are put back into the pool.

Front 56

What are the three terms used to refer to the narrowed groups of potential jurors?

Back 56

First there is a pool
then there is a panel
Then a petit selected for voir dire.

Front 57

How does a party compel tangible evidence to be brought to court?

Back 57

Subpoena duces tecum

Front 58

Is it unethical to tell a witness what to say or how to say it?

Back 58

It is unethical to tell a witness WHAT to say, but not HOW to say it.

Front 59

Every witness must have a ___________ in order to testify.

Back 59

A foundation, proof they have personal knowledge.

Front 60

How does a party lay a foundation for their witness?

Back 60

By asking if they were present, did they know the person, did they see the event.

Front 61

What kind of expert does not have personal knowledge but lays a proper foundation in other ways?

Back 61

Expert Witnesses

Front 62

How do you lay a foundation for tangible evidence like exhibits?

Back 62

They are introduced through witnesses by laying a foundation, asking relevant questions like "have you ever seen this gun, when?"

Front 63

Examination by the party who callst he party is called _____.

Back 63

Direct

Front 64

What type of questions cannot be asked on direct exam?

Back 64

Leading.

Front 65

Examination by the party that did not call the witness is called what?

Back 65

Cross examination

Front 66

What type of questions are asked on cross examination?

Back 66

Leading.

Front 67

Cross examination questions are limited to what?

Back 67

Issues that came up during direct.

Front 68

What are three ways of impeaching a witness?

Back 68

1. Show a bad character trail relative to the case like lying.

2. Show they made contradictory statements, perhaps at previous depo or police statement.

3. Any kind of consistency.

Front 69

What is the object of cross examination?

Back 69

To verify the correctness of direct examination testimony and to try to impeach or discredit the witness.

Front 70

What can only be asked during re-direct?

Back 70

Only questions pertaining to the cross examination.

Front 71

What is the purpose of re-direct?

Back 71

To rehabilitate and re-establish the credibility of the witness.

Front 72

Why would a defendant move for a directed verdict?

Back 72

If the prosecutor did not establish a prima facie, in otherwords did not prove all of the elements mentioned in opening arguments.

Front 73

When is a motion for directed verdict made?

Back 73

When the state rests.

Front 74

Does a directed verdict have to be on all of the charges or can it be on just one charge?

Back 74

It can be either one or all.

Front 75

what is the object of a defendant's case in chief?

Back 75

To create doubt

Front 76

What happens if the defendant does not want to testify and the prosecutor calls him/her as a witness?

Back 76

the judge would declare the trial a mistrial. Damage beyond repair.

Front 77

if the defendant has decided to testify can he later relenquish his 5th Amendement right against self-incrimination?

Back 77

No - once the door is open, it can't be shut.

Front 78

if the judge sustains an objection what does he mean?

Back 78

Stop that, the objection is correct/upheld.

Front 79

If a judge overules an objection what does he/she mean?

Back 79

Your wrong - continue/ignore the objection.

Front 80

name the 15 steps in a criminal trial?

Back 80

1. voir dire
2. preliminary instructions on law to jury by court
3. opening statements by prosecutor
4. opening statements by defense (optional)
5. Prosecution case in chief
6. Motion for directed verdict
7. defendant's right to present evidence
8. prosecution rebuttal evidence
9. defendants sur rebuttal evidence
10. Defendants renewal of motion for directed verdict.
11. Court/pros/defense decide on final jury instructions.
12. Closing arguments by pros and defense
13. Jury instructions on law by court to jury
14. Jury deliberations
15. Jury renders verdict

Front 81

After the defendant has waived his 5th Amendment privilege, if the prosecutor asks questions beyond the scope of the present case, what can the defendant do?

Back 81

Plea the 5th. The door hasn't been opened on issues pertaining to another case.

Front 82

True or False: A prosecutor cannot comment on the defendant not taking the stand unless the defense talked about why he didn't take the stand.

Back 82

True. the pros must not mention that the def didn't take the stand or make any speculation as to why he or she did not take the stand.

Front 83

What is the object of cross examination?

Back 83

To verify the correctness of direct examination testimony and to try to impeach or discredit the witness.

Front 84

What can only be asked during re-direct?

Back 84

Only questions pertaining to the cross examination.

Front 85

What is the purpose of re-direct?

Back 85

To rehabilitate and re-establish the credibility of the witness.

Front 86

Why would a defendant move for a directed verdict?

Back 86

If the prosecutor did not establish a prima facie, in otherwords did not prove all of the elements mentioned in opening arguments.

Front 87

When is a motion for directed verdict made?

Back 87

When the state rests.

Front 88

A non-defendant witness can only plea the 5th if the questions would _____.

Back 88

Self-incriminate them.

Front 89

What are the two type of trial decision categories?

Back 89

Strategic/tactical
Personal

Front 90

What are examples of a strategic/tactical decision?

Back 90

What motions to file, witnesses and what questions to ask, jury selection and striking.

Front 91

What are examples of personal questions?

Back 91

Should the defendant plead guilty or go to trial, should the defendant waive their right to a jury trial, should they take the stand.

Front 92

If a defendant and his lawyer do not agree on strategic/tactical questions, who overrules?

Back 92

The lawyer

Front 93

If the defendant and his lawyer do not agree on personal decisions on trial, who overrules?

Back 93

The defendant

Front 94

What is the purpose of the prosecutor's rebuttal?

Back 94

Put evidence on that directly refutes or rebuts some evidence that was introduced during the defendant's case.

It must be evidence that was not already shown previously.

Front 95

What is the purpose of the defendant's sur-rebuttal?

Back 95

To refuse/rebut the prosecutor's rebuttal.

Front 96

True or False:
Proof beyond a reasonable doubt must be based on facts or inferences, not just a hunch.

Back 96

True. It can't just be a "hunch" of doubt.

Front 97

True or False:
Closing Arguments are optional for defendants

Back 97

True

Front 98

The pros uses closing arguments to show what?

Back 98

That the evidence he provided proves the defendant's guilt.

Front 99

The def uses closing arguments to show what?

Back 99

That the evidence provided does not prove the defendant's guilt or creates doubt.

Front 100

What can both pros and def NOT do during closing argument?

Back 100

They cannot mistate evidence.

They cannot express a personal belief or opinion ("in my opinion, the defendant lied.")

Can't say anything that would paint the defendant to look guilty "lets put that monster who did this away, this is your opportunity."

Front 101

What are two forms of evidence?

Back 101

Tangible (physical exhibits) and Testimony (eyes and ears)