41-60 Flashcards
Double Jepordy Exceptions
Exceptions include appeals, hung juries, and retrial.
Sixth Amendment
Guarantee by way of the sixth amendment that in criminal cases one has a right to speedy and public trial by jury, right to be informed of nature of accusation, right to confront witnesses, right to council.
Right to Counsel
Defendant has a right to a court appointed lawyer if he can not afford to hire one.
When Right to Counsel Applies
Right to counsel applies when, after an INDICTMENT, the accused has an absolute right to have council present at any pretrial procedure deemed critical. Wade v Gilbert
Confrontation Clause
Defendant has right to confront witnesses.
Right to Speedy Trial
Anyone accused of a crime has a right to a trail without delay.
Right to Fair and Impartial Trial
Defendant has a right to a change of venue or a new trial if it can be shown that jury has been tainted.
Competency to Stand Trial
Judge has obligation to raise issue of defendants competency if it is an issue.
Confrontation HEARSAY
An out of court statement offered to prove the truth of a matter. Violates ones right to confront accusers.
Plea
Formal response of “guilty”, “not guilty” or “no contest” to criminal charge.
Plea Bargain
Defendant and prosecution enter into a contract where defendant plea’s in exchange for being charged with a lesser crime.
Incompetent Defendant
Incompetent defendant who is detained in a mental institution for evaluation and treatment.
Juvenile Offender
Minor who has committed a criminal offense, but criminal responsibility is determined by age and statute.
Right to trial by Jury
Defendants have a right to a trial by jury for serious offenses.
Juror Qualifications
Jurors that are fit to decide a case.
