Chapter 3 The Adjudication Process Flashcards
What facts may the prosecutor consider when deciding what charges to file?
- How strong the case is against the suspect
- Did police conduct their investigation thoroughly
- Based on the facts in the police report, what crime was committed
- How many witnesses are there? Are they credible
What types of evidence may the prosecution and the defense introduce at the preliminary hearing? What is the standard of proof at the preliminary hearing?
Some states allow hearsay to be used at the preliminary hearing.
Witness are called to testify
The prosecution must establish a prima facie case, meaning that it is more likely than not that the defendant committed the crime.
Explain the role the grand jury serves in criminal cases. What facts may the grand jurors consider when deciding the charges to include in the indictment?
In criminal cases grand jury take testimony, reviews evidence and decides if the suspect should be charged with a crime. It cannot convict
Grand jury can call witnesses and ask them questions under oath
If the grand jury is convinced that any one of the alleged felonies was committed by the suspect the case can go to trail.
What information must the prosecution and the defense exchange during discovery?
- The name of an informant must be disclosed when the true identity of this person is necessary for the defendants case
- The prosecution must disclose any evidence it has that tends to indicate the defendant is not guilty. This material is often referred to as “Brady material” because of Brady vs Maryland is the leading Supreme Court case.
Discuss what evidence the defense may introduce at a suppression hearing.
The purpose of a suppression hearing is to allow a judge to decide if evidence can be used at trial. Normal rules of evidence apply at suppression hearings. This give both sides the right to call witnesses and cross-examine.
Describe how juries are selected. Why is the use of peremptory challenges important?
Master list for eligible jurors is compiled
Name are randomly selected from the list
Those not exempt will report to the court house
Group of people are called from jury assembly area to courtroom
Names are randomly called to fill jury box
Vior dire starts (process of asking questions to determine if a person is qualified)
Attorneys will ask to dismiss anyone whose answers indicate they will not decide the case solely on the facts introduced at trail
Process is repeated until there are enough people to fill the jury box
Peremptory challenges are used to allow each side to replace jurors whom they feel cannot be fair. No reason is needed when using peremptory challenge but cannot be excused solely on the basis of race or gender.
Peremptory challenges allowed:
6 for misdemeanors
12 for felonies
20 for death penalty cases
What is the purpose of the opening statement and closing argument?
Opening statement purpose is to introduce the jury to the case. Two things are discussed-facts of the case & role of the jury in deciding the guilt or innocence.
Closing statement purpose are similar to open arguments. The main difference is that the attorneys may discuss only the evidence actually introduce in trail.
How does cross-examination differ from rebuttal evidence?
After prosecutor finishes questioning a witness. the defense attorney will have the opportunity to do so. This is called cross-examination.
Sometimes defense witness raise new issues, such as alibi or character. Rebuttal gives the prosecution a chance to call witnesses on these new issues. It is not used to fill gaps in the case left by the prosecution during its case in chief.
Rejoinder is the calling of witnesses by the defense to attack the evidence introduced by the prosecution during rebuttal.
What are the jury instructions? Who selects them? Can the jury ask for additional instructions.
Jury instructions are statements of law that the judge reads to the jury to tell the jurors what rules to use when deciding the case. Important terms will be defined such as beyond a reasonable doubt, malice.
What evidence may be considered by the judge at the sentencing hearing?
Defendants life and prior convictions called social history as well as any aggravating or mitigating circumstances in the present case.
