chapter 11 Flashcards
is either side required to give an opening statement?
nope
Who almost always gives an opening statement?
prosecutor
What does the prosecution present during opening statements?
evidence and charges presented
Who begins with the presentation of evidence?
the prosecution because they have the burden of proof
What must the prosecution have during presentation of evidence?
prove beyond a reasonable doubt
What does beyond reasonable doubt mean?
a doubt for which you can give a reason
What does the prosecution do during presentation of evidence?
calls witness and introduces evidence
Defense almost always enters….
a not guilty verdict
Direct examination
when witnesses are questioned by the side they were originally called to testify
Cross examination
questioned by opposing side
Defendant has the right under the 6th to….
cross examine witness against him or her
how does the court request witnesses?
subpoena
what are privileged communications?
when certain people such as husband and wives, or priests cannot testify
Can the defendant waive their privilege and take the stand?
yes, but they are then subject to cross examination by prosecution
Types of evidence 4
- Real evidence
- Testimonial
- Direct
- indirect
Real evidence
DNA, fingerprints, etc
Testimonial evidence
witness statements, expert statements
Can lay witness express opinions?
no
Can experts express opinions?
yes
Direct evidence?
proves or disproves a fact at issue in the case
Indirect evidence
when the judge or jury must make inferences on what happened
Rules of evidence?
relevance and competence
Can either side object to evidence?
yes
What is hearsay evidence?
out of court statements that are inadmissible in the trial
are closing arguments evidence?
no sir
Who goes first during closing arguments?
the prosecution
What happens during the closing arguments?
summarizing the case and persuade jury to convict or acquit
Liberation hypothesis?
jurors are liberated from the constraints
Unanimous verdicts are required where?
most places and federally
When does jury nullification occur?
when juror believes evidence presented at trial establishes defendants guilt but jurors vote to acquit
Why would jurors acquit a guilty defendant?
unfair charges or discrimination
What is a hung jury?
when the jury can’t reach unanimous decision
What happens when there is a hung jury?
trial ends
What can the prosecution do with a hung jury?
dismiss, offer plea bargain, or retry defendant before a new jury
What is relevant evidence?
any evidence that has a tendency to make any fact more or less probable then it would be without the evidence
What is competent evidence?
the evidence really is what it is purported to be. The gun is the gun found at the scene
Testimonial evidence must be
competent
