Chapter 8 CJ

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.

Adversarial System

A system of justice in which advocates for opposing parties each do their best to present evidence and arguments to the benefit of their respective clients; presiding judges are neutral and passive. See Inquisitorial system.

Subpoena

A written order issued by a juridical officer or grand jury requiring an individual to appear in court and to give a testimony or to bring material to be used in court as evidence.

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

Adversarial System

Allen Charge

An instruction by a judge to a deadlocked jury with only a few dissenters that asks the jurors in the minority to reconsider the majority opinion.

Exculpatory Evidence

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

Harmless Error Rule

Appellate court finds error, but not significant enough to justify remedy

Which Supreme Court case is forbade the prosecutions use of peremptory challenges based on race?

Batson vs. Kentucky

What are 3 types of challenges to Jury Selection and How many do you have of each type?

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

Rules of Evidence

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

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 direct and cross examination.

Direct examination is when your questioning your own witness, Cross Examination is when the other lawyer questions your witness

Real Evidence

Evidence that consist of physical material or traces of physical activity.

Describe the difference between expert and la witness.

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.

Describe the difference between Factual Guilt and Legal Guilt

Factual Guilt is ; guilty in fact and Legal Guilt is guilty beyond reasonable doubt

Perjury

False testimony under oath

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

Farreta v. Cali ; 6th Amendment

What is the judges primary duty?

Hold ultimate authority, sentencing responsibility vs. bench trial bar exam, elected, experience.

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

The crux of the criminal trial is the

Presentation of evidence

List 3 major categories of defense attorneys?

Pro Se, Private, Appointed by the court

When determining whether evidence is admissible the judge will have to weigh the ___ value against its __ qualities

Probative; Potential Inflammatory or Prejudicial

Courtroom Work Group

Professionals by job and outsiders simply who are in the case.

Direct Evidence

Proof of facts by witnesses who saw acts done or heard words spoken.

Which amendment guarantees the right to trial by jury?

Sixth Amendment

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

Circumstantial Evidence

Th evidence that requires interpretation or that requires a judge or jury to reach a conclusion based on what the evidence indicates.

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,

Is the defendants 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.

Who bears the burden of proof?

The prosecution

Peremptory Challenge

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

What is the primary purpose of a criminal trial?

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

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

Which Supreme Court Case REQUIRES the prosecution to turn over any evidence related to the defendants innocence or guilt?

U.S vs. Bayley

Fancy name for Jury Selection

Voir Dore