3.A Criminial Cases Flashcards
5 Elements of Crime
- A law defining certain conduct as harmful with a punishment
- Actus Reus- the physical act/action/inaction that begins an individual within the scope of criminal law
- Mens rea- the mental intent to commit the crime/causing harm. (helps determine severity of the crime)
- harm occurs
- a casual between your conduct and the harm
justifiable homicide/ voluntary manslaughter
self defense, crimes of passion, fights
involuntary manslaughter
no intent to hurt, harm, or kill
do not act as a reasonable person would
steps/ stages of felony crime
- arrest
- defendants initial appearance in court beyond a judicial officer
- preliminary hearing
- grand jury indictment OR a prosecutor filing a bill of information
- arraignment
- procedures in preparation for trial
- trial
- sectioning
- appealing the verdict
3 types of arrest
- appears before judicial officer and he gives an arrest warrant
- police observe someone admitting a crime
- based on probable cause
Probable cause
a reasonable likihood
- most common
- 95% of arrest are made without a warrant
Bail
pay a certain amount of money to court to gain freedom while waiting for trial and ensure you will show up to each step of the trail process
- bail bond companies get 10%
- if you show up to all steps money is refunded
Big picture bail
no bail is set, must remain incarcerated because person will flea/ be a risk (worst case scenario)
-released on your word you will show up and don’t have to pay (best case scenario)
preliminary hearing
beginning of adversarial process
- purpose is to establish probable cause, present evidence, and defense attorney can challenge
- most criminal defendants wave preliminary hearing
big picture bail is gone over if
probable cause is established
grand jury indictment OR prosecutor filing a bill of information
- federal government mandates grand jury, must be used to bring up serious federal crimes
- 20 states (Maryland is one of them)
- between 16-23 people
- suppose to check on prosecutor
- only prosecutor and grand jury members
- 95% of time induct by grand jury
- 30 states don’t use grand jury for crimes against the state
- bill of information contains charges
arraignment
prosecutor and defense attorney present formal charges
- Plead guilty or not guilty
- 180 days trail has to be written arraignment
- purpose= plead to formal charge
procedures in preparation for trial
- when pleas bargain is most likely to occur
- pre-trial conference=always in civil, sometimes in criminal
people of the jury in the trial
12 person criminal trial just (norm)
- not to discuss
- research case and media or news is not allowed
- base decision on evidence presented
- do not question
- not allowed to take notes (pay attention to what witness says and demeanor what they are doing)
opening argument/ statement
each side has the same amount of time for their statements
- get more time in a jury trial then a bench trial
- burden= solely on government in a criminal trial
how is evidence presented
- questions are asked
- need to tie objects into a witness to present it
PATTERN to how lawyers question witnesses
- lawyer that calls witness foes the direct examination
- opposing lawyer can cross examine (doesn’t have to happen)
- redirect examination-original lawyer is limited to questions from cross examination
- opposing lawyer can then recross examination
Funnel effect
limits questions with each stage (same for civil and criminal)
who goes first in calling a witness
prosecutor
-does direct examination
motion for judgement of acquittal
prosecutor has presented all evidence and rested
burden of proof has not been met and defense attorney says should be declared not guilty
(then defense calls their witness and presents their evidence at this point hen the prosecutor can do cross examination)
rebuttal evidence
prosecution can present refutes or counters the defenses evidence once the defense has presented all their evidence
surebutal evidence
(can not do unless have rebuttal)
limited to what was present in rebuttal
closing argument/statement
- judge determines time
- more time given for jury then bench
- each side has same amount of time
- the prosecutor chooses who goes first
- prosecutor can go first
- defense can go first
- prosecutor can go first and last (most used)
- reserve time for end
- defense can NEVER do this
guilt beyond reasonable doubt
judge explains what is necessary to convict a defendant
sequested
at the end of a jury trial jurors are put up in a hotel overnight so that they are not exposed to outside world
-inconvenient and costly
hung jury
cannot agree on a verdict
sectioning
- often postponed to a later date
- judges job UNLESS death penalty is in play= could be jury or judge
intermediate
legislature sets max punishment then judge decides within limit
allows victim impact sentences to be prepared
1. severity of crime
2. prior record
3. rehabilitation efforts
mandatory sentence
legislature says “if convicted of X crime the sentence is X”
- no judge discretion
- commission of hand gun in MD is 5 yr mandatory sentence
- judges prefer intermediate sentence because they have discretion
appealing the verdict
- if defendant is found NOT GUILTY govt cannot appeal
- if found GUILTY criminal can appeal on basis of mistake in law
if appeal is overturned what can the govt/prosecutor do?
- can petition to higher court
- prosecutor can retry defendant
double jeopardy
the prosecution of a person twice for the same offense.
2/3 od criminal trials have a ______ verdict
guilty
guilty plea is in ______ of felony cases
90%
tacit or implied agreement
defendant pleas guilty on their own because they believe they’ll get a more lenient sentence rather than if they stood trial
-first step toward rehabilitation is admitting guilt
explicit plea bargain
deal between defendant and prosecutor negotiate:
guilty with one more benefit (reduction in charge=most common)
dismissal of charges
prosecutor recommending lenient sentence
lenient treatment for a codefendant
reasons for plea bargain
- keeps court system cleaner
2. prosecutor gets a conviction with out a trail
