Chapter 8: Defendants and Crime Victims Flashcards
While _________ ____________ are given the right to decide to __________ into a ______ ___________ set forth by prosecution, and ____________ during _____________, all __________ and _____________ decisions are left to the ______________ _______________.
criminal defendants; enter; plea bargain; testify; trial; strategic; tactical; defense attorney
Defendants Primary Responsibility in Court
To focus on appearance and demeanor in court.
It’s important for the _____________ ____________ to have a nice ____________ in court, typically requiring him/her to be well ___________ and __________, but they must have a good ___________ as well. This includes looking ___________ during trial proceedings, not ____________, and offering _________ yet _________ facial expressions.
criminal defendant; appearance; groomed; dressed; demeanor; engaged, frowning, concerned; pleasant
Defendants typically shouldn’t demonstrate ____________ __________ to _________ or _________ testimony in court. They’re encouraged to pass _______ to the __________ __________ or ________ in the ___________’s ______ to bring to their attention anything they want mentioned during trial.
emotional reactions; witness; victim; notes; defense attorney; whisper; attorney’s; ear
3 Areas Representing Defendants At Disproportionately High Levels.
1) Race/ Ethnicity
2) Gender
3) Education Level
In _______, _______% of defendants in _____ of the United State’s largest counties were _________ of ________. Specifically ______% were _________ and _____% were ________-__________. _________ ranges were evenly distributed between those under and over age _______, with the median being ______.
2006; 83; 75; people; color; 24; Mexican; 45; African-American; Age; 30; 32
Exclusionary Rule
Dismisses wrongfully collected evidence by law enforcement that violates defendant’s 4th Amendment, and is therefore considered “unreasonable search & seizure.”
The ___________ ____________’s primary purpose is to deter __________ __________. It’s simply a ___________ ___________ for violations of the ___ __________.
Exclusionary Rule’s; police misconduct; judicial remedy; 4th Amendment.
Weeks v. United States (1914)
Illegally obtained evidence inadmissible in federal prosecutions.
Silver Platter Doctrine
Illegally obtained evidence by STATE police, could be turned over to federal government, and pass as admissible evidence because the federal govt. wasn’t directly involved.
evidence handed over as though it were on a “silver platter.”
Elkins v. United States (1960)
Ended Silver Platter practice.
Prohibited all illegally obtained evidence in federal court regardless of whether it originated from state or federal agents.
In _______, the ____ __________ was applied to the ___________ via incorporation through the _____ ____________, but didn’t include with it the _____________ ___________.
1949; 4th Amendment; states; 14th Amendment; exclusionary rule
Wolf v. Colorado (1949)
Exclusionary Rule didn’t apply in state prosecutions
Rochin v. California (1952)
The exclusionary rule was applied to state prosecutions unevenly.
Evidence that constituted “shocked conscience” was inadmissible in court.
Mapp v. Ohio (1961)
Exclusionary rule applied to state prosecutions.
2 Primary Responsibilities of Exclusionary Rule
1) Deter Police Misconduct
2) Uphold Judicial Integrity
(Supreme Court more intently focused on the first criterion)
Supreme court focused more intently on the __________ responsibility of the ___________ _________, being to _________ __________ ___________, more so than the latter:_________ ___________ __________. Because they focused more on the _________ criterion, the _____________ ____________ became limited in its ____________, creating several ________ to the rule. The rule itself can only be applied in ____________ ___________.
first; Exclusionary Rule; deter police misconduct; upholding judicial integrity; first; Exclusionary rule; application; exceptions; criminal trials
Massachusetts v. Sheppard & United States v. Leon (1984)
Illegally obtained evidence found under invalid search warrant, issued by neutral magistrate, by law enforcement acting in good faith, is admissible
Illinois v. Krull (1987)
applied “good faith” rule to cases where police act in reliance on statute later condemned unconstitutional.
Arizona v. Evans (1995)
Court ruled exclusionary rule can’t be used in cases where police act in reliance on report, written by court clerk, that turned out to be an error.
Nix v. Williams (1984)
Introduced inevitable discovery exception to exclusionary rule.
Ruled that illegally obtained evidence by law enforcement is admissible if it was going to be found anyways under a legal means.
Illegally obtained evidence may be ____________ in court if it is not used to ________ the ___________ of the ____________.
admitted; prove; guilty; defendant
______ Amendment guarantees the right to a _____________ ____________ in all criminal prosecutions.
6th; speedy trial
From ___________ to _____________, a defendant may spend _____ to ______ days in custody, while one whose not a defendant may spend ______ - ______ days in custody.
Arrest; arraignment; 60; 90; 90; 120
How many days in custody does the American Bar Association’s (2006) Standards for Criminal Justice: Speedy Trial and Timely Resolution of Criminal Cases stipulate?
90 days if you’re already in custody.
180 days when on pretrial release.
Why might a defendant waiver their right to a speedy trial
Strategic move
- Gives defendant/defense more time to build case
- One of prosecution’s witnesses will likely drop out due to unforeseen event –> damaging prosecutions case.
Supreme Court ruled no ____________ length of _____________ violates a ______________ right to a ________________ ______________. It’s the _______________’s responsibility to ___________ that they want a ___________ ________________, otherwise it won’t be fulfilled by the court.
length; time; defendant’s; speedy trial; articulate; speedy trial
Balancing Test for trial delay
Takes into account…
1) How long was the delay
2) Reason for delay
3) Assertions of defendant’s rights
4) Prejudiced caused to defendant bc of delay
Barker v. Wingo (1972)
ruled 5 yr. delay, even if attributable to prosecution, didn’t deny defendant of rights, because 1) he didn’t explicitly request speedy trial, and 2) he didn’t suffer from prejudice as result.
Defendants have the right to be _______________ at his or her _____________ per the _________________ _______________ of the _____ Amendment and the ______ ________________ ______________ of the ______ Amendment.
present; trial; Confrontation Clause; 6th Amendment; Due Process Clause; 14th Amendment
Confrontation Clause
Defendant has the right to confront the witnesses against them.
Trial in absentia
when defendant waivers right to be present at trial
court must determine absence of defendant was deliberate & willing.
If the defendant does not appear during trial, he/she must be notified of when ____________ _____________________ begin. At this point _____________ ________________ is presumed, and the trial moves forward ____________ the defendant.
trial proceedings; intentional absence; without
Another way in which, defendants forfeit the right to be present in trial, is through ____________, ___________, _______________ conduct.
loud, unruly, disruptive
Illinois v. Allen (1970)
Defendant Allen forfeited his right to be present during trial due to his loud disruptions, and vile language.
Compulsory Process Clause
Defendants shall enjoy rights have compulsory process for obtaining witnesses in his favor.
For the defense to compel willing individuals to ___________ as ______________ in their favor in court, the defense must first obtain a ________________.
serve; witnesses; subpoena
Subpoena
Court order requires person to appear at specific time and place to serve as a witness.
_____________ and _____________ admissible in a court of law in favor of the ____________ must be at minimum _________________ and ________________.
Evidence; testimony; defendant; relevant; trustworthy
Standard for Relevant Evidence
1) Makes a fact more or less probable than it would’ve been w/o the evidence.
2) The fact is of consequence in determining the action
The __________ of ______________ give __________-___________ ____________ the discretion to preclude _______________ technically ______________ under the definition of ___________________.
Rules; Evidence; trial-court judges; evidence; admissible; relevance
The defendants ___________ to _____________ is not stated in the _______ of ______________.
right; testify; Bill; Rights
Rock v. Arkansas (1987)
First time U.S. Supreme Court acknowledged defendant’s right to testify exists.
2 Concepts of the Confrontation Clause
a) right confront prosecution’s witnesses face to face
b) right to cross examine witnesses called by the prosecutions
Cross examination allows the ________________ to ________________ the evidence against him.
defendant; challenge
hearsay
out-of-court statements made by witnesses who are not able to testify.
_______________ is considered _______________ in a defendant’s trial unless it ___________ under one of the _______ objections to the ______________ __________. However, if the ____________ statement was deemed ____________, and of “___________ ____________,” then the ________________ itself could be admitted to court, ________________ having the _______________ unable to ____________ come to court.
Hearsay; inadmissible; falls; 23; Hearsay rule; hearsay; reliable; trustworthy nature; statement; without; witness; testify
“Indicia of Reliability”
Hearsay statement admissible in court only if it falls under one of 23 Hearsay exceptions, and is reliable.
A court only admitting the testimonial evidence behind a _____________ statement, violates the defendant’s right to the ______________ ____________ under the ____ amendment. For example, not having the expert witness testify in court, who prepared a report that contains evidence favoring the defendant, on behalf of the defendant, is a violation of the defendant’s right to confront the witnesses against him.
Hearsay; Confrontation Clause; 6th Amendment
________ _____________ are seen as a _______________ in the court system, and face many _______________, and _____________ in their search for justice. The basis for the setbacks ______________ face has to do primarily with the ________ of ______________ to the _____________ the defendant is facing.
Crime victims; nuisance; impediments; setbacks; defendants; lack; sensitivity; harships
Lack of Input into Decisions: Defendants don’t have major __________ regarding what happens during ___________ ________ _______________. Defense attorneys primarily work with __________ to decide the _________ __________ for the defendant. ________ as to how cases should be _____________, what fair _____ _____________s would look like and what is ___________ _____________ from the __________ is not wanted.
input; criminal trial proceedings; prosecution; going rate; Input; adjudicated; plea agreements; fair punishment; victim
Lack of Information About Case: Before _________ ___________ were established, __________ experienced difficulty tracking their case. ____________ were only contacted by the ________ if they were receiving a ______________ to testify in court. ________ and _________ were constantly rescheduled, so the pending cases remained ______________.
victim’s rights; victims; Victims; police; subpoena; trials; hearings; unresolved
Pretrial Revictimization and Invasion of Privacy: During cross examinations, Defense will use ___________ questioning to decrease the ___________ of the __________ among jurors and make it seem like the _________ is “changing her story.” Defense attorneys will use the irrelevant ____________ info to question the ___________, forcing them to ________ their victimization. This ultimately makes the victim question whether continuing the trial is even _________ ___.
difficult; credibility; victim; victim; background; victim; relive; worth-it
Logistical and Financial Obstacles Faced by Victims: Victims face many __________ setbacks as well during case proceedings. This includes rescheduled court _____________, waiting for _________ to testify, paying for ____________. This too makes the victim question whether continuing is worth it
logistic; appearance; hours; transportation
3 Victims Rights Specifically Associated with Court System
1) The Right to be Informed
2) The Right to Attend
3) The Right to be Heard
The Right to be Informed
Victim’s right to be notified about court proceedings, decisions, and actions in their case.
i.e.
- time and place of court proceedings
- release of defendant from custody
- dismissal of charges
-negotiated plea agreements
-sentenced imposed
- defendant’s final release from confinement.
The Right to Attend
Victim’s right to attend court proceedings
i.e.
- pretrial hearings
- trail itself
- sentencing
- parole hearings
The Right to Be Heard
Right to be heard at a series of settings / stages across the court process.
Victim Impact Statement
Statement from victim, in writing or in-person, that addresses trauma, pain, financial struggle resulting from crime.
Gives victims opportunity to address appropriate sentencing and give input on restitution or financial compensation because of the crime.
All 50 states allow for __________ _________ ___________.
victim impact statements
Office for Victims of Crime (OVC)
apart of 1984 Victims of Crime Act
Federal government spends billions of dollars support for crime victms.
True/False: Many prosecuting offices maintain some sort of victim support/ advocacy program to ensure the victim is aware of there rights and to aid them through the judicial process.
True
