Chapter 11: The Criminal Trial Flashcards
What the Prosecutor might say in his Opening Statement/ Brief statement before trial
Describes…
- The crime
- Defendant’s motivations for committing crime
- Impact on Victim / Victim’s family
Prosecuting attorney may also _________ the jury through the ______ of the crime, explain the _______ he/she plans to use, and _____ why the ________ is __________ during the Opening Statement.
walk; events; evidence; explain; evidence; relevant
What do Defense Attorneys usually remind the jury of during their Opening Statement?
- Defendant is not guilty until proven guilty beyond a reasonable doubt.
-The Prosecution must reach the burden of proof of ‘beyond a reasonable doubt’ - Encourages jury to keep an open mind until they’ve heard all evidence from the case.
The Defense attorney has the option of ___________ his/her ___________ __________ until the _____________ has _______________ their case.
reserving; opening statement; Prosecution; closed
Why does the Prosecution go first in presenting evidence?
Prosecution is the one with the burden of proof.
(Defendant is assumed innocent until proven otherwise by the prosecution)
Bear in mind an ___________ of ___________ for the ____________, is not a prediction of the case outcome, its procedure for what’s considered ________ _______.
assumption; innocence; defendant; fair trial
Judgement of Acquittal
Defense attorney moves for (motions) directed verdict of not guilty
Request by defense attorney to rule that evidence introduced by prosecution is not guilty beyond a reasonable doubt.
What happens if a Judgement of Acquittal is granted.
If the judge grants the defense attorney’s motion’ the defendant is discharged, and the case is over.
T/F: The defendant has to present evidence and introduce witnesses.
What may a defense attorney do in a case where the defendant doesn’t have a valid defense?
False
The Defense attorney will try to create distrust and confusion among jurors by questioning of the the witnesses called by prosecution, through cross examination.
Cross examination is an opportunity for ________ to __________ a __________’s testimony by getting witnesses to ____________ what they had previously said on ____________ __________, by __________ out _____________ in a witnesses testimony, and getting the ___________ to admit to a past ______________ ______________, and questioning the ___________ to figure out what his/her ____________ are behind __________.
attorney; discredit; victim’s; contradict; direct examination; pointing; inconsistencies; victim; criminal record; victim; motivation; testifying
Redirect Examination
When attorney who first called witnesses, recalls witness to stand to clarify things brought up in cross examination.
Re-cross Examination
Allowed if an issue not initially raised in direct or cross examination is raised in redirect examination.
What gives the defendant the right to cross examine the witnesses against him?
Confrontation Clause of the Sixth Amendment
Coy v. Iowa (1988)
Ruled that defendant has the right to come face-to-face with victim (acting as witness) testifying against him.
Maryland v. Craig (1990)
Ruled that defendant’s right to come face-to-face (in the physical) with the victim (acting as a witness) may be waivered if…
1) it’s important for the furtherance of public policy
2) there’s an assurance of reliability of testimony
Court also ruled it’s of the state’s interest to protect a child abuse victim’s physical and psychological state.
The __________ __________, granted to a defendant by the ____ Amendment, allows the defendant to obtain __________ to ____________ on his behalf. The defendant can only enjoy this right if the ___________ is obtained via a ____________, a ________ ______ by a judge to appear at a specific ____________ and __________ to give testimony. If the person issued the ___________ does not appear on the time and date of the trial, he/she can be held by ___________ of the court, in which they will _________ and _________.
Compulsory Process; 6th; witnesses; testify; witness; subpoena; court order; time; place; subpoena; contempt; fined; jailed.
Privileged Communication
Exception to the rule that all evidence is admissible at trial.
i.e.
A husband may not be compelled to testify against her wife.
A doctor may not be compelled to testify against a patient.
A priest may not be compelled to testify against a parishioner.
When does the Marital Privilege (Privileged Communication) not apply
1) If the victim is the defendant’s spouse or child.
2) And if things discussed between 2 spouses are told in front of a third party.
Privilege Against Self Incrimination
Prosecution cannot question defendant on what happened during commission of a crime.
The ______________ may request a ____________ use _________ _________ to ensure the _________ does not consider the ______________’s ____________ as an indicator of guilt.
defendant; judge; jury instruction; jury; defendant’s silence
T/F: A criminal defendant may waive their right to privilege of self incrimination, and be subject to cross examination by the prosecutor?
True
Is the defendant allowed to testify in their own defense (pro se)?
Yes
2 Types of Evidence admissible at trial.
Real Evidence & Testimonial Evidence
Real Evidence
Tangible items including…
- Fingerprints
- DNA
- Weapons used during the commission of the crime
- Documents
- Pictures of the victim
Testimonial Evidence
Sworn statements of witnesses including
- Eye witnesses
- Police who investigated the crime
- Expert witnesses
Lay witnesses are asked to only testify strictly to what they ______, _________, ________, ___________, and ___________.
saw; heard; felt; tasted; smelled
Direct Evidence
Proves / Disproves an issue is at hand in the case
From…
- Eye witness testimony
- Defendant’s confession to the crime
- Victim’s testimony
Indirect Evidence
Circumstantial Evidence requiring judge & jury to make inferences about what happened during the crime / defendant’s role during crime.
Evidence admitted in court should always be ___________, and _____________.
relevant; competent
Rule 401 of the Federal Rules of Evidence
Relevant evidence…
Makes the facts of the case more or less probable than they would be w/o introduction of evidence.
Is of consequence in determining action
Evidence that doesn’t meet the standard set forth by Rule 401 is ____________, and consequently __________________.
irrelevant; inadmissible
For _________ __________ to be given, the defendant must be ____________. He/she must understand the meaning of telling the __________, and must have _____________ ___________ of the crime (i.e. based on what they _______, ________, __________, _________, or _________). Persons ____ - _____ yrs old likely aren’t ___________ enough to _________ because they may not be able to accurately describe, or have the vernacular necessary to describe, what happened during a crime. Those who are __________ ______ or ____________ at the time of the crime may also be considered incompetent.
Testimonial evidence; competent; truth; personal knowledge; saw; heard; smelled; tasted; felt; 3-4; competent; testify; mentally ill; intoxicated
A common reason to __________ to evidence presented by one side of the case is that the evidence maybe __________.
object; Hearsay
Hearsay Evidence
Evidence given (testified) by a witness based on an out-of-court statement by someone else.
Dying Declaration Exception (Hearsay Evidence)
Nurse is allowed to testify if the dying victim describes or identifies the perpetrator
Excited Utterance Exception (Hearsay Evidence)
Statements made to a person who claims they’ve JUST been the victim to a crime may be admitted under assumption that reporting the crime was trustworthy and spontaneous.
Rape Shield Laws
Limits admissibility of evidence of a victim’s past sexual conduct.
Purpose of the Closing Argument
Summarize facts of the case
Persuade jury to either Convict or Acquit defendant
Prosecutor’s and Defense’s Limitations in Closing Arguments
Prosecutor: cannot remark on defendant’s silence.
Defense: Can’t challenge Prosecutor’s integrity & can’t use derogatory terms to describe prosecution’s witnesses.
It’s inappropriate for either side to express their personal beliefs of the defendant’s ________ or _________.
guilt; innocence
A considerable amount of research suggests that __________ do not understand the long and complicated wording of ____________ __________.
jurors; jury instructions
A _________ __________ ___________ found that clear, concise, uncomplicated _________ __________ were more digestible/understandable among ____________.
Mock Jury Study; jury instructions; jurors.
A __________ and the __________ and ___________ attorneys will create ___________ _____________ in, lieu of the complicated ____________ _____________, that _______ will use to deliberate. If there’s a dispute about the ___________ between the _________ and ___________(s), it will be brought up in an appeal.
judge; prosecutor; defense; supplemental instructions; jury instructions; jurors; instructions; judge; attorney(s)
T/F: Jurors are allowed to describe why they arrived at the decision (verdict) they did after deliberations?
False
Foreperson
Juror member who presides over deliberations, and vote (for verdict)
Tells the judge the verdict reached by the jury
Jurors take a copy of ________ _______________ with them to deliberations. If jurors have a _____________, they will send a note to the judge. The judge will either not ______________ (which is unlikely), _____________ immediately, or call the __________, and ______________ back into the courtroom to clarify or give _____________ instructions.
jury instructions; question; respond; respond; jury; attorneys; further
Jury deliberations actually ______________ the level of _____________ among jurors, because they must __________ the __________ as it’s stated, considering the _______________ telling of events by the _____________ and _______________, which makes the process ________________.
increase; uncertainty; apply; law; different; Prosecution; Defense; confusing
How do researchers gain insight on the jury deliberation process?
Through Jury Mock Trials, where college students are presented with hypothetical scenarios.
(Real Jury’s conduct deliberations behind closed doors).
The problem with ______ ____________ ________ is that the decisions made in those scenarios may not be the actual decisions made in a ________ _____________.
Jury Mock Trials; real trial
Studies have shown that ________ _______________ are based on the ___________ and _____________ of evidence. ___________________ are more likely to _____________ when the evidence is ______________ and _______________. Unsurprisingly, ______________ characteristics of the courtroom actors (mock trial __________, ____________, and ____________) are not predictive of jury verdicts.
jury decisions; quality; quantity; Jurors; convict; strong; conclusive; personal; jurors; victims; defendants;
Liberation Hypothesis
When the facts of the case are uncertain, jurors are free (liberated) to take irrelevant factors into consideration.
Current studies indicate jury decisions are based on personal _____________ of crime, inherent ______________ of crime, and ideas of what is ___________, ___________, and __________.
perceptions; stereotypes; right, wrong, fair
A number of criminal defendants, wrongfully ____________ by the government, have been ___________ based on the introduction of _______ test.
convicted; exonerated; DNA
Scholars have placed the wrongful conviction number at ____________ annually.
Some researchers suggest the rate of wrongful convictions is __.__% - ___% in some jurisdictions.
(The __.__% erroneous convictions stat equates to _____________ wrongful convictions, and ________________ persons incarcerated.)
Some researchers suggest the rate of wrongful conviction is _____% - _____% in some jurisdicitions.
75,000; 0.5% - 1%; 0.5%; 5,000; 2,000; 1; 3
Predictor’s of Wrongful Conviction
- false / mistaken ______ __________.
- wrongful / overzealous practice by _____________ and ____________.
- ___________ obtained, or ____________ confessions
- use of _____________ ________________.
- __________________ counsel
- ______________ errors or _______________.
- uber focus on __________ vs. ___________ guilt.
eye witness
prosecutors; police
illegally; false
unreliable informants
Ineffective
Forensic; malfeasance
legal; factual
The leading cause of wrongful convictions in rape cases is…
Eyewitness misidentification
Explanation for Black’s overrepresentation in wrongful convictions of rape:
Cross racial misidentification
The rape of a white woman by a black man accounts for well under ____% of all cases.
10%
ln almost all _________ _________ cases, there is evidence of ____ _________ _______________.
interracial rape; eye witness misidentification
In most jurisdictions jury _________ must be ______________. A __________ ___________ is seen as more ___________ and _________.
verdicts; unanimous; unanimous verdict; authoritative; final
The Supreme Court ruled a ____________ ___________ is not required to form “ _______________ ______________.”
unanimous verdict; “common sense judgement”
Apodaca v. Oregon (1972)
10-2 non-unanimous verdict in non-capital cases is permissible.
Johnson v. Louisiana (1972)
9-3 non-unaminous verdict in non-capital cases is permissible.
Burch v. Louisiana (1979)
6 person jury must have unanimous verdict.
Unanimity is required in a ___________ _______ __________.
Federal criminal cases
Jury Nullification
when a jury, in their collective idea of justice, is unwilling to convict a defendant who is unquestionably guilty under the law.
2 Reasons for Jury Nullification
Juror may not agree with
- the law under which the defendant is prosecuted
- the application of law in the case
Jury Villification
Based on bigoted community standards
Jury returns verdict to convict when the evidence doesn’t warrant a conviction.
Hung Jury
When the jury is unable to reach a unanimous verdict.
(Prosecutor has to decide whether to dismiss charges, offer defendant plea bargain, or try defendant in new trial.)
1970’s data indicates
_____.___% of cases end in hung jury
____% of cases involving hungry jury were _________.
____% of hung jury cases were resolved through _____ ________.
____% resulted in a new trial
12.2%; 26%; dismissed; 41%; plea deal; 33%
3 Predictors of Hung Jury
1) Ambiguity of Evidence
2) Group dynamics in deliberation process
3) Jury concerns about fairness of process that brought defendant to court.
When announcing the _________, the ____________ will rise, hand the ___________ ___________ to the __________, the _________ to the ___________. The __________ will be asked to stand to their feet, and face the ______ and _______ (and __________) as the ____________ announces the verdict.
verdict; foreperson; jury decision; bailiff; bailiff; judge; defendant; judge; jury; (foreperson); foreperson
If the jury returns a verdict of _________, the defense attorney may request a directed verdict of ________ from the judge. If the judge ____________ the defense attorney’s request, the ____________ may appeal. If the _________ verdict is sustained by the judge, the _____________ may appeal his/her case. If the judge accepts the ___________ verdict, he/she ______________ the ________ on the spot, or schedules a ___________ hearing.
guilty; acquittal; sustains; prosecutor; guilty; defendant; guilty; sentences; defendant; sentencing
