Ch 8: Trial

Question 1

Trial Process

Answer 1

(1) Jury selection (2) Opening statements (3) Presentation of prosecutors evidence (4) Presentation of defenses evidence (5) Presentation of rebuttal and witnesses (6) Closing arguments (7) Instruction to the jury
(8) Jury decision

Question 2

Pretrial options

Answer 2

Pretrial detention center (jail), bail, release on recognizance

Question 3

Release on recognizance

Answer 3

Court decision to allow person charged to keep liberty pending the trial, without having to post bail as long as defendants promise to appear, aren’t a flight risk, and charge is minor

Question 4

Alford pleas

Answer 4

Defendant doesn’t admit to criminal act and asserts innocence but accepts plea/imposition of sentence

Question 5

Plea bargaining

Answer 5

Waives rights to jury, self incrimination, and witness baring, reduces charges, and lessens sentence

Question 6

Bail Controversies

Answer 6

Do 6th and 8th Amendments make it unconstitutional?

Question 7

Arraignment

Answer 7

Court appearance of accused person when charges are read and they plead guilty or not guilty

Question 8

Motion

Answer 8

Application to court requesting that an order be issued to bring about a specific action

Question 9

Release on recognizance (ROR)

Answer 9

Pretrial release granted on defendants promise to appear in court bc judge believes that defendant’s ties to community guarantee their appearance

Question 10

Preventative detention

Answer 10

Holding defendant for trial if defendants release/bail would endanger anyone/the community or would flee

Question 11

Bench trials

Answer 11

Trial conducted by judge who acts as fact finder, determines issues or law, and renders a verdict (no jury)

Question 12

Voir dire

Answer 12

Questioning of prospective jurors to filter out ppl who’re biased or incapable of fair verdict

Question 13

Challenging for cause

Answer 13

Unlimited removal of prospective jurors by showing that they have some bias or other legal inability

Question 14

Peremptory challenge

Answer 14

Limited removal of prospective juror without having reason

Question 15

Habeas corpus

Answer 15

Writ or judicial order requesting release of person being detained in jail, prison, or mental hospital

Question 16

Real evidence

Answer 16

Physical evidence involved in the crime​​ (fingerprints, weapon, etc)

Question 17

Demonstrative evidence

Answer 17

Evidence that is not based on witness testimony but demonstrates info relevant to the crime (maps, X-rays, photographs, etc)

Question 18

Testimony

Answer 18

Oral evidence provided by a legally competent witness

Question 19

Direct evidence

Answer 19

Eyewitness accounts

Question 20

Circumstantial evidence

Answer 20

Evidence provided by witness from which a jury must infer a fact

Question 21

Reasonable doubt

Answer 21

Standard used by a jury to decide if the prosecution has provided enough evidence for a conviction

Question 22

3 types of witnesses

Answer 22

Lay witness/eyewitness, expert witness, character witness

Question 23

Lay witness/eyewitness

Answer 23

Witness present in the scene, involved in the circumstances, or possesses factual knowledge that could shed light on the case

Question 24

Expert witness

Answer 24

Person w specialized knowledge, skills, edu, or experience in field that helps w complex technical or scientific aspects of case

Question 25

Character witness

Answer 25

Person who attests to anothers moral conduct and good reputation

Question 26

3 main types of evidence

Answer 26

real evidence, demonstrative evidence, testimony