Chapter 1 - Setting the Stage Flashcards
crime
Any social harm defined and made punishable by law; defined by legislature
Model Penal Code
compilation of all penal codes; some states adopted fully, some states use to fill gaps in their current laws
Criminal Process
- Alleged Crime is reported
- Arrest
- Preliminary hearing
- Indictment Issued/ Information Filed
- Pretrial Motions
- Pleading
- Trial
Information
A document that sets out the formal charges and basic facts relating to them
Probable Cause
Requires that there must be a substantial chance that the suspect committed the offense being investigated
Grand Jury Hearing
Jury must consider the evidence delivered by a prosecutor and determine whether adequate evidence exists
Indictment
A document similar to information outlining the formal charges
Trial By Jury
6th Amendment right to “speedy and public trial by an impartial jury[of peers]”; must be impartial (on issue and parties of the case) and a fair cross section of the community; usually 12 people but can be as few as 6
Voir Dire
Jury Selection process
Preemptory Challenge
Prior to voir dire, attorneys can challenge a limited number of venire-persons based on intuitive knowledge of bias (do not have to explain); 14th Amendment prohibits challenges based solely on race, gender, …etc
Venire-persons
Potential jury members
Beyond a Reasonable Doubt
In re Winship; jurors should be “near certain” of guilt; on appeal, judges do not need BRD but must be able to find that NO reasonable juror could have found guilty; MPC 1.12(1) without proof BRD, innocence is assumed
Presumption of Innocence
must be disproved by prosecution; defendant does NOT need to prove
Circumstantial Evidence
Evidence from which one can draw and inference; by itself, would not support a conviction BRD
Direct Evidence
Evidence that confirms BRD; definitive evidence (eyewitness testimony, documents, …etc)
Motion of verdict of acquittal
defense may motion to dismiss trial because the prosecution failed to overcome the presumption of innocence; Judge will allow if “no reasonable juror” could conclude guilt beyond a reasonable doubt.
Burden of pleading
State pleads all charges, defendant pleads guilt or innocence, if innocence must give alibi
Jury Nullification
Jury’s right to ignore the facts that prove guilt BARD and the judge’s instructions in favor of acquittal for personal/societal reasons; nullifying a guilty verdict; verdict cannot be appealled
Double Jeopardy
5th amendment; right to not be tried twice for the same offense.
Due Process
5th amendment; Cannot be deprived of life, liberty, or property without due process; applied to state through 14th Amend. ;
Ex: Loving v. Virginia, Griswold v. CT, Plessy v. Ferguson, Brown v. Board, Miranda V. Arizona
Burden of Production
State MUST produce evidence to prove their side; defendant MAY be given the burden to prove his alibi
Burden of Persuasion
State must convince fact finder BRD; if defense has burden, must convince by preponderance of evidence
Types of Crimes
Common law crimes - based on court decision
Statutory crimes - crimes based on legislation (developed by public opinion, committee hearings…etc)
Constitutional Crime - Treason
Administrative Crime - violation of an agency rule
Owens v. State
guilty verdict based on circumstantial evidence alone will hold IF circumstantial evidence supports no reasonable presumption of innocence
State v. Ragland
TBJ right does not include right to jury instructions on nullification.
