2 Flashcards
What is the questioning process of perspective jurors by the attorneys and the judge called?
Voir Dier
Who gives the jury instructions to the jury?
The Judge
What is a pre-sentence report?
Designed to assist the judge in determining what appropriate sentence should be imposed. Its written by the probation department.
What important rights are contained in the 5th and 6th amendments relating to a criminal trial?
To have assistance of counsel
What is concurrent sentencing?
The defendant will serve each of separate sentences at the same time.
What is a consecutive sentence?
The defendant will each of separate sentences one after the other.
What are the determinate sentences?
Fixed terms sentencing. Know their anticipated release date when they are sentenced.
Mandatory sentencing
Offense specific. Each crime has its own set punishment that is set by statue. EXAMPLE DUI.
What is the burden of proof for a conviction in a criminal trial?
To find a person guilty of a criminal offense, the prosecutor must prove the case to the jury beyond a restraining doubt.
Who has the burden of proof in a criminal trial?
The prosecution
Differences between civil cases Vs criminal charges
•Civil deals with money
•Criminal deals with punishing criminals.
Stop and Frisk
Terry V Ohio
Application to the exclusionary rule
Weeks V U.S.
Mapp V Ohio
Police interrogation while in custody
Brown V Mississippi
Escobedo V Illinois
What is Miranda rights?
The right to remain silent, anything they say can be used against them, has the right to a presence of an attorney, and that if they cannot afford an attorney will be appointed for them.
