Chapter 6 Criminal Law P3

Question 1

What are the steps of criminal prosecution?

Answer 1

1) Arrest
2) Booking
3) Preliminary Hearing
4) Indictment/Information
5) Arraignment
6) Trial
7) Verdict
8) Appeal

Question 2

Describe 1st (arrest) stage.

Answer 2

• taken into custody
• miranda rights read
• warrant may be necessary

Question 3

What major cases for ARREST

Answer 3

Miranda v Arizona - miranda rights (5th), can’t use testimony while in custody without notifying them

US v Leon - exclusionary rule (can’t be used if obtained without warrant), good faith exception

Question 4

2nd stage of criminal prosecution - booking

Answer 4

• Information about events expressed in written form in an official report
• mugshot
• personal property and clothing taken into possession
• Fingerprinting process
• Full body search
• Checking for warrants
• Health screening
• Eliciting information relevant to incarceration conditions-trying to get information about affiliations with other people/organized crime
• dna sample

Question 5

3rd stage - Preliminary Hearing

Answer 5

Courts look to see if there is PROBABLE CAUSE that the defendant committed the crime

Question 6

How is probable cause determined? (preliminary hearing)

Answer 6

• Evidence found in booking
• evidence stripped during search
• Spoken

Question 7

4th stage - Indictment / Information

Answer 7

Indictment
- only SERIOUS FELONIES
- prosecution presents to GRAND JURY

Information
- formal accusation of a misdemeanor by prosecutors

Question 8

What is a grand jury & purpose?

Answer 8

16-23 people, NOT OPEN to PUBLIC
- Defendants do NOT have right to appear before a grand jury
- prosecutor speaks, defendant attorney there but don’t speak

Purpose = Eliminate bias, profiling, discrimination
- determine if there’s SUFFICIENT GROUNDS to press charges, GJ determines if there’s probable cause

Question 9

5th stage - Arraignment

Answer 9

Defendant INFORMED of charges and enter guilty or NOT guilty plea
- bail set (if not already)
- detained if pose threat, US v Salerno

Question 10

6th - Trial

Answer 10

1) Jury Selection / Voir Dire *
- can challenge & remove jury if bias or for no reason
2) Opening Statements
3) Examinations - direct, cross, redirect (only own witness)
4) Closing Statements
5) Jury Instructions - provide info on law
6) Jury Deliberation

Question 11

7th - Verdict

Answer 11

Jury gives verdict AND recommendation for sentencing

Sentencing - Judge makes official

Question 12

8th - Appeal

Answer 12

defendant can appeal verdict if there was a PREJUDICIAL ERROR
- mistakes made by the judge about the law
- incorrect instructions given to the jury
- errors or misconduct by the lawyers or by the jury.

Question 13

Criminal defenses (9)

Answer 13

1-3) self defense, defense of others, defense of property
4) Insanity
5) Infancy
6) Intoxication
7) Duress
8) Mistake of Fact
9) Entrapment

Question 14

Reasonable vs deadly force

Answer 14

reasonable = in accordance to potential harm

deadly = likely to cause severe harm or death

Question 15

Self defense - In NY

Answer 15

• Can use EQUAL force
• Duty to Retreat: must try to escape first
• Castle Doctrine: retreat in PUBLIC
• Stand your ground: don’t have to escape first

Question 16

Fl v Zimmerman

Answer 16

• anonymous jury

Question 17

Defense of others

Answer 17

• ## reasonable force

Question 18

Defense of property

Answer 18

• CANNOT USE deadly force
• if break and enter and have reason to believe in harm, switches to self-defense

Question 19

Infancy for 15-17

Answer 19

Absolutely Capable
- may be tried as adult or minor depending on previous behavior & severity of charges

Question 20

Infancy for 8-14

Answer 20

possess “Sufficient Mental Capacity”
- Can understand difference between right and wrong and the consequences
- Evaluate capacity with psychiatrist, must have conversation, assess medical records, talk to parents and teachers

Question 21

Infancy for under 8

Answer 21

UNABLE to possess “sufficient mental capacity”
- Can’t form criminal intent
- INCAPABLE of truly understanding right and wrong and the consequences
- Usually below age of 10 cant be seized and sent to juvenile facility - depends on state statutes

Question 22

McNaughton Test (Insanity)

Answer 22

lack of CAPACITY to decipher between right and wrong
- most common
- determine if complete impairment –> spectrum to see if need additional tests

Question 23

Durham’s Rule (insanity)

Answer 23

Not responsible if act was a product of mental disease
- provided full acquittal until 1954

Question 24

irresistible impulse test

Answer 24

insane or criminal impulse uncontrollable
- used after mcnaughton

Question 25

American Law Institute’s Penal Code

Answer 25

presents grounds for being TEMPORARILY INSANE
- syndromes, abuse victims

Question 26

why does the insanity defense NOT apply to sociopaths and psychopaths?

Answer 26

have criminal intent, know its wrong, understand consequences, have capacity

Question 27

Involuntary vs Voluntary Intoxication

Answer 27

Voluntary = NEVER defense
Involuntary = unaware of drugs, possible defense, need blood/drug test

Question 28

Mistake of Fact

Answer 28

when a criminal defendant misunderstood some fact that negates an element of the crime
- NO INTENT to commit a crime
- shot someone because didn’t know gun was loaded

Question 29

Entrapment

Answer 29

• tricked/coerced by law enforcement to engage in criminal conduct
• drugs

Question 30

Duress

Answer 30

threatened to commit crime
- Physical: harm body
- mental: shame, reputation
- NOT APPLICABLE to murders

Question 31

Purpose of anonymous jury

Answer 31

high profile, controversial, potentially dangerous cases
- eliminate bias