Courts, Crimes and Criminal Procedures Flashcards
what are the various types of court venues
magistrate
district
federal
what does the magistrate court handle
infractions
misdemeanors
felony preliminary hearing
felony bail hearings
what does a misdemeanor crime entail
up to 1 year in jail
fine up to $1,000
what is the statute of limitations for
misdemeanor
felony
misdemeanor- 1 year and a day
felony- 5 years
what is the punishment for a felony
1-5 years in jail
50,000 fine
what is a crime
an act committed or omitted in violation of a law and punishable by the government
what are the basic elements of a crime
date
location
act/omission
intent
what are the two types of intent
general
specific
what is a preliminary hearing
judge determines whether there is enough evidence to charge
what is a grand jury
jury determines whether there is enough evidence to charge
what is a motion hearing
request asking a judge to issue a ruling on a legal matter
in a criminal trial what is the burden of proof
beyond a reasonable doubt
in a civil trial what is the burden of proof
preponderance of evidence
what is circumstantial evidence
facts that add up to thing to be proven
what are some common trial objections
hearsay calls for speculation relevance leading lack of personal knowledge
