Ch. 13 Court Proceedings II: Trial & Conviction (FINAL) Flashcards
What percentage of convictions come from guilty pleas?
95%
What are the different interests that trials and guilty pleas promote?
Trial - fact-finding via adversarial process
Guilty pleas - efficiency
Is there a Constitutional right to a trial by jury for petty offenses?
NO
Some petty offenses allow for jury trials. What standard must these offenses violate?
Moral seriousness standard
Is there a Constitutional right to a 12-member jury?
NO
This amendment guarantees you the right to an “impartial jury” that represents a “fair cross-section” of the community.
What is the 6th?
This amendment prohibits the systemic exclusion of members of defendants’ racial, gender, ethnic, or religious group.
What is the 14th?
A system for compiling a juror list in which civic & political leaders recommend people from these lists they know personally or by reputation.
What is the key-man system?
Prosecutors and defense counsel use this Latin phrase, meaning “to speak the truth,” to select jurors from the jury panel.
What is voir dire?
This challenge allows prosecutors and the defense counsel to strike any juror from the panel without reason.
What are peremptory challenges?
This challenge allows prosecutors and the defense counsel to strike biased jurors from the panel.
What are challenges for cause?
Between challenges for cause and peremptory challenges, which challenge can be used without limit?
Challenges for cause
What 3 constitutional amendments guarantee defendants the right to a public trial?
6th - right to confront witnesses
5th & 14th - due process rights
List the 6 stages of a jury trial.
1) Opening statements
2) Presentation of evidence
3) Closing statements
4) Instructions to jury
5) Jury deliberations
6) Verdict
What is the purpose of opening statements?
Allow the prosecutor and defense counsel to outline their cases to the jury
What 2 functions does the 6th Amendment’s confrontation clause serve?
1) Right to cross-examine prosecution/government’s witnesses
2) Restricts prosecution’s use of hearsay
An agreement to not contest certain facts.
What is stipulation?
What is the only instance in which a stipulation can be made?
When a fact may prejudice the defendant’s case (e.g., you have been arrested before)
What is the instruction that tells jurors they can infer that the witness’s testimony would have been unfavorable to the prosecution?
Missing witness instruction
What is the key difference between questions asked on direct versus cross-examination?
Direct - open-ended questions
Cross - leading questions
This 2020 case held that there is a constitutional requirement for a unanimous verdict.
What is Ramos v. Louisiana?
What does jury nullification do?
Acquits defendants even though the jury may believe the defendant is guilty beyond a reasonable doubt
What are the 2 purposes for jury nullification?
1) Act as safety valve to relax the law’s rigidity
2) Provide justice in individual cases
This type of plea bargaining refers to bargaining for a reduction in either the number or severity of criminal charges.
What is charge bargaining?
This type of plea bargaining refers to a favorable sentencing recommendation for the prosecutor.
What is sentence bargaining?
This type of plea bargaining refers to a prosecutor agreeing not to challenge the defendant’s version of the facts or not reveal aggravating facts to the judge.
What is fact bargaining?
What 3 rights do defendants waive when they plead guilty?
1) 5th - right to remain silent
2) 6th - right to trial by jury
3) 6th - right to confront witnesses
If judges fail to ask defendants questions regarding their plea in open court, it is a { } error.
Reversible
What are the 2 Constitutional requirements to determine if a plea is valid according to North Carolina v. Alford (1970)?
Pleas must be the VOLUNTARY and INTELLIGENT choice among the alternatives
