Chapter 1 - Setting the Stage

Question 1

crime

Answer 1

Any social harm defined and made punishable by law; defined by legislature

Question 2

Model Penal Code

Answer 2

compilation of all penal codes; some states adopted fully, some states use to fill gaps in their current laws

Question 3

Criminal Process

Answer 3

1. Alleged Crime is reported
2. Arrest
3. Preliminary hearing
4. Indictment Issued/ Information Filed
5. Pretrial Motions
6. Pleading
7. Trial

Question 4

Information

Answer 4

A document that sets out the formal charges and basic facts relating to them

Question 5

Probable Cause

Answer 5

Requires that there must be a substantial chance that the suspect committed the offense being investigated

Question 6

Grand Jury Hearing

Answer 6

Jury must consider the evidence delivered by a prosecutor and determine whether adequate evidence exists

Question 7

Indictment

Answer 7

A document similar to information outlining the formal charges

Question 8

Trial By Jury

Answer 8

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

Question 9

Voir Dire

Answer 9

Jury Selection process

Question 10

Preemptory Challenge

Answer 10

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

Question 11

Venire-persons

Answer 11

Potential jury members

Question 12

Beyond a Reasonable Doubt

Answer 12

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

Question 13

Presumption of Innocence

Answer 13

must be disproved by prosecution; defendant does NOT need to prove

Question 14

Circumstantial Evidence

Answer 14

Evidence from which one can draw and inference; by itself, would not support a conviction BRD

Question 15

Direct Evidence

Answer 15

Evidence that confirms BRD; definitive evidence (eyewitness testimony, documents, …etc)

Question 16

Motion of verdict of acquittal

Answer 16

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.

Question 17

Burden of pleading

Answer 17

State pleads all charges, defendant pleads guilt or innocence, if innocence must give alibi

Question 18

Jury Nullification

Answer 18

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

Question 19

Double Jeopardy

Answer 19

5th amendment; right to not be tried twice for the same offense.

Question 20

Due Process

Answer 20

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

Question 21

Burden of Production

Answer 21

State MUST produce evidence to prove their side; defendant MAY be given the burden to prove his alibi

Question 22

Burden of Persuasion

Answer 22

State must convince fact finder BRD; if defense has burden, must convince by preponderance of evidence

Question 23

Types of Crimes

Answer 23

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

Question 24

Owens v. State

Answer 24

guilty verdict based on circumstantial evidence alone will hold IF circumstantial evidence supports no reasonable presumption of innocence

Question 25

State v. Ragland

Answer 25

TBJ right does not include right to jury instructions on nullification.