Chapter 1 pt.5 Flashcards
Once a trial date is set..
Jury selection begins
The process of questioning the jurors is referred to as
Voir Dire
Prospective jurors are examined by the judge to determine whether there is any bias, prejudice or interest that would prevent the potential juror from being ________.
impartial
Jurors can be challenged for cause
true
Can a prospective juror who is related to or in some way connected to a party in the case be challenged for cause?
Yes
A challenge for which no reason needs to be given.
Peremptory challenge
Peremptory challenges are usually limited
True
There is no constitutional requirement that the jury verdict be unanimous, even in criminal cases.
True
Does a six person jury have to be unanimous?
Yes
Opening statements: first by the ______ and then by the _______.
prosecution
defense
The ______ may choose to reserve its opening statement until after the ________ has presented its evidence.
defense
prosecution
The defense may choose to reserve its opening statement until after the prosecution has present its evidence. This is referred to as
case-in-chief
The side that calls the witness to testify conducts what is called
Direct examination
The other side conducts what is referred to as
Cross Examination
What allows the original calling party to revisit the witness and rehabilitate his or her testimony if necessary.
Re-direct
If an attorney believes a witness is asked an improper question or the witness answers inappropriately, the attorney may make an _______.
objection
Common ______ raise challenges to relevancy, whether a question has been asked and answered, the use of leading questions whether a question is beyond the scope of the witness’s knowledge, and hearsay statements.
Objections
Once an objection is raised, the judge will hear arguments from both attorneys and thereafter make a decision.
True
If an objection is sustained, the judge has agreed with the side that objected, and the evidence or testimony ________.
May not be admitted
If an objection is _________, the judge has agreed with the Non-objecting side, and the evidence or testimony may be admitted.
Overruled
Each side has the opportunity to summarize its case during
Closing arguments
During closing arguments the _________ gets to go last, because it has the burden of proof.
Prosecution
Instructions given to the jury include instructions on elements of the crime charged, the presumption of innocence, and the burden of proof
Jury instructions
The burden of proof in criminal trials is
Proof beyond a reasonable doubt
Once the jury has received its instructions, it retires to the jury room to _______.
Deliberate
The trial remains in deliberations until a _________ is reached.
Verdict
In most jurisdictions, criminal verdicts must be
Unanimous
Failure to achieve a unanimous jury means that the case is declared a
Mistrial
Presenten e investigation and sentencing recommendations are to be conducted by __________.
Officers in a probation department
“You have the body”
Habeas Corpus
The ________ is considered an indirect appeal because it does not directly challenge the defendants conviction, but instead challenges the authority of the state to incarcerate the defendant.
Writ of habeas corpus
