Chapter 9: The Criminal Trial Flashcards
What are rules of evidence used for?
Rules of evidence are used to decide the admissibility of evidence into the courtroom and other procedural requirements used to determine the direction of a criminal hearing and trial.
Factual guilt vs Legal Guilt
Factual guilt
- refers to being able to prove whether the defendant is truly responsible for the crime they are accused of. If the defendant did it, then he or she is, in fact, guilty.
Legal guilt
- is a more ambiguous term and is proven only when the prosecution has presented evidence that is sufficient to convince a jury (or in the case of a bench trial the judge determines the verdict) that the defendant is guilty as charged.
Adversarial System
Prosecution versus defense
Two Types of Trials
- Jury Trial = jury decides guilt or innocence
2. Bench Trial = judge decides guilt or innocence
Trial Initiation
The trial initiation process indicates that the trial will begin within a reasonable period of time.
The Speedy Trial Act
In 1974, Congress passed this act that allows for dismissal of criminal charges in cases where the prosecution does not seek an indictment or information within 30 days of arrest OR when a trial does not begin within 70 working days after indictment or initial appearance for defendants who plead not guilty.
Voir Dire
Voir dire refers to the court process where prospective jurors are questioned by the prosecution and the defense. The questions are designed to look into their backgrounds to find any possible bias or prejudice before being selected to sit on a jury.
Challenges
Challenges for cause are used to disqualify jurors whose background or statements may be seen as prejudicial.
Peremptory challenges, which permit them to remove prospective jurors from consideration without cause.
Jury sequestration
Jury sequestration is designed to limit jurors exposure to the media to avoid influencing their objectivity. Sequestration is also used to protect jurors from exposure to bribes, threats or undue persuasion. Juries that are sequestered are usually housed in a hotel for the length of the trial and their access to news media is closely monitored.
3 Types of Evidence
- Direct Evidence
- Circumstantial Evidence
- Real Evidence
Direct Evidence
Direct evidence is able to prove a fact without requiring the judge or jury to draw inferences.
Direct evidence can include information found from a photograph or a videotape.
Direct evidence can include testimonial evidence presented by a witness.
Circumstantial Evidence
Circumstantial is evidence that is indirect and DOES require a judge or jury to make inferences and to draw conclusions.
At a bombing trial, a person who heard the explosion and moments later saw someone run by with a stick of what appeared to be dynamite may testify to those facts.
Even without an eyewitness to the actual bombing, a jury might later conclude that the person seen with the dynamite was the person responsible for the bombing.
Real Evidence
Real evidence, which in some cases, may be direct or circumstantial, generally refers to physical material or indications of physical activity.
Footprints, firearms, edged weapons, tire tracks, ransom notes, DNA and fingerprints are all examples of real evidence.
Probative value
The value that evidence has in proving or disproving something.
Testimony
Evidence that is offered orally by a sworn witness on the witness stand during a criminal trial.
