chapter 8 ccj

What are the three types of challenges used during jury selection? - How many do you have of each type?

- Challenge to the array - For-Cause - Peremptory 10 Capital / Life, 6 Felony, 3 Misdemeanors

List and define the three types of evidence used in trial

- Direct evidence which is evidence that directly proves a fact - circumstantial evidence is evidence that require interpretation or requires a judge or jury to reach a conclusion on what the evidence indicates. - Real evidence is evidence that consists of physical material or traces of physical activity

Describe the difference between factual and legal guilt.

- Factual Guilt is guilty in fact -Legal Guilt is guilty beyond reasonable doubt

List the three major categories of defense attorneys.

- Pro Se - Private - Appointed by the court

Outline the 8 general stages of the criminal trial. In order.

-Trial Initiation - Jury selection - Opening Statements - Presentation of evidence - Closing Evidence - Charging the Jury - Jury Deliberation - Verdict

Harmless Error Rule

A rule stating that an error made by the trial court in admitting illegally obtained evidence does not lead to a reversal of the conviction if the error is determined to be harmless. The prosecution has the burden of proving that the error is in fact harmless.

Which system is the primary method used to provide indigent counsel for criminal defendants?

Adversarial System

writ of certiorari

An order by a higher court directing a lower court to send up a case for review

Which Supreme Court case forbade defense's use of peremptory challenges based on race?

Batson vs. Kentucky

Which Supreme Court case forbade the prosecution's use of peremptory challenges based on race?

Batson vs. Kentucky

Which Supreme Court case forbade the use of peremptory challenges based on gender?

Batson vs. Kentucky

Describe the difference between direct and cross examination.

Direct examination is a series of open-ended question by an attorney directed to a witness that the attorney has called for the purpose of testimony. ... By contrast, cross-examination questions are very pointed, specific questions which suggest either a "yes" or "no" answer

describe the difference between expert and lay witnesses.

Expert witness is a witness who has special knowledge and skills recognized by the court as relevant to the determination of guilt or innocence. La Witness is an eyewitness, character witness, or other person who is called on to testify but is not an expert.

Which Supreme Court case recognizes defendants' right to represent themselves? Based on which Amendment?

Farreta v. Cali -6th Amendment

What is the judge's primary duty?

Hold ultimate authority, sentencing responsibility, trial fairness

The right of reporters and spectators presence at trial is supported by which part of which amendment?

It is supported by the Sixth Amendment's requirement of a public trial

When determining whether evidence is admissible the judge will have to weigh the ______ value against its __________ qualities.

Probative; Potential Inflammatory or Prejudicial

prosecutorial discretion

The decision-making power of prosecutors, based on the wide range of choices available to them, in the handling of criminal defendants, the scheduling of cases for trial, the acceptance of negotiated pleas, and so on. The most important form of prosecutorial discretion lies in the power to charge, or not to charge, a person with an offense.

What is the burden of proof in a criminal trial?

The duty placed upon a party to prove or disprove a disputed fact

perjury

The intentional making of a false statement as part of the testimony by a sworn witness in a judicial proceeding on a matter relevant to the case at hand.

Is the defendant's presence required at every stage of the trial?

The presence of the defendant is required at all times, expect that a defendant is initially present may be voluntary absent after a trial has commenced.

What is the primary purpose of the criminal trial?

To examine and get testimony from witness that proves beyond a reasonable doubt that a crime has been committed.

Which Supreme Court case REQUIRES the prosecution to turn over any evidence related to the defendant's innocence or guilt?

U.S vs. Bayley

What is the fancy name for jury selection?

Voir Dore

hung jury

a jury that cannot agree on a verdict

sequestered juries

a jury that is isolated from the public during the course of a trial and throughout the deliberation process.

subpoena

a written order issued by a judicial officer or grand jury requiring an individual to appear in court and to give testimony or to bring material to be used as evidence. some subpoenas mandate that books, papers and other items be surrendered to the court.

exculpatory evidence

any information having a tendency to clear a person of guilt or blame.

Allen Charge

instructions given to jurors after they become deadlocked that instructs them to reexamine their opinions in an effort to reach a verdict

The crux of the criminal trial is the _______________.

presentation of evidence.

hearsay

something that is not based on the personal knowledge of a witness

Participants in criminal trial can be divided into what two categories? List the participants of each category.

state and defendant

Which amendment guarantees the right by jury?

the 7th amendment

rules of evidence

the court rules that govern the admissibility of evidence at criminal hearings and trials.

courtroom work group

the professional courtroom actors, including judges, prosecuting attorneys, defense attorneys, public defenders, and others who earn a living serving the court.

Who bears the burden of proof?

the prosecution

peremptory challenge

the right to challenge a potential juror without disclosing the reason for the challenge.

Which Supreme Court case requires the prosecution to turn over material requested by the defense?

the supreme court

adversarial system

the two-sided structure under which American criminal trial courts operate that pits the prosecution against the defense. in theory , justice is done when the more effective adversary is able to convince the judge or jury that his or her perspective on the case is the correct one.