Crime Study Guide

Question 1

What is the difference between a civil case and a criminal case?

Answer 1

A criminal acts in a harmful way to an orderly and safe society (punishable by either fines or incarceration) [prosecution vs. defendant] whereas a civil case is a private dispute between people/organizations seeking monetary damages [plaintiff vs. defendant]

Question 2

What is the difference in the burden of proof in a civil trial versus a criminal trial?

Answer 2

Criminal case means prosecution must prove its case beyond a reasonable doubt (must overcome the presumption of innocence) whereas in a civil case, plaintiffs must overcome their case by a preponderance of the evidence (plaintiff must establish that it is more likely than not that a particular fact is true)

Question 3

What is the difference between a jury trial and a bench trial?

Answer 3

Jury Trial- the jury reaches the verdict; this can occur in both civil and criminal cases; Bench Trial is when the judge is the sole decider in the verdict; can occur in both civil and criminal cases (bench trials usually result in quicker resolutions)

Question 4

What is the difference between an indictment and a conviction?

Answer 4

Indictment is simply an allegation/charge (just because a person is indicted does not mean he/she is guilty of anything) whereas a conviction is when the person has actually been found guilty

Question 5

What is the difference between a conviction and acquittal?

Answer 5

Acquittal- the person is not found guilty (that is key phrasing)

Question 6

How does a “grand jury” differ from a regular trial jury?

Answer 6

The key difference is in their function. A grand jury only has the power to indict; it cannot acquit or convict whereas a regular trial jury can either convict or acquit

Question 7

What does the expression “I’ll take the fifth” mean and what does it refer to?

Answer 7

I’ll take the fifth- refers to the fifth amendment, and it is the right to not incriminate yourself, you refuse to answer a question because it incriminates you

Question 8

What does the French term “void dire” mean in the context of a civil or criminal trial?

Answer 8

The formal examination of a possible juror under oath to determine sustainability for jury service or of a prospective witness under oath to determine competence to give testimony.

Question 9

What is the difference between an appellate court and a trial court?

Answer 9

Trial Court- typically the court that hears a case between parties for the first time whereas Appellate Court is a higher level than a trial court (if you do not like the ruling from a trial court, you appeal to the appellate court (you must point to the flaw in the process of the decision if you appeal)

Question 10

The US Supreme Court is the highest court in the United States. What is the highest court in New York State?

Answer 10

New York Court of Appeals

Question 11

How many names make up the United Justice Supreme Court and who are they?

Answer 11

Nine: John Roberts (swing vote, red), Clarence Thomas (red), Neil Gorsuch (red), Brett Kavanaugh (red), Amy Coney Barrett (Red, Notre Dame), Samuel Alito (red), Sonia Sotomayer (blue), Elena Kagan (blue), Stephen Breyer (blue)

Question 12

Who is the Chief Justice of the United States?

Answer 12

John Roberts (red)

Question 13

How are federal judges chosen?

Answer 13

Appointed by the president and then confirmed by the US Senate (HOR does not get a say)

Question 14

What is the difference between libel and liable?

Answer 14

Libel is a form of defamation and liable means legally obligated or responsible

Question 15

What is the difference between a felony and a misdemeanor?

Answer 15

Misdemeanor is a less serious crime than a felony whereas felony is the most serious crime that you can commit

Question 16

What is an arraignment?

Answer 16

“First appearance,” first public reading of charges in court. 1) Defendant enters plea (typically not guilty), 2)Judge sets bail if allowed, 3) Court determines if suspect is represented by counsel

Question 17

What is the role of the district attorney’s office in the criminal justice system?

Answer 17

The DA is the prosecutor- they prosecute the case (called different things in different jurisdictions), investigation is done by law enforcement and turned over to the DA

Question 18

What is a plea bargain?

Answer 18

Agreement between the defendant and prosecutor where the defendant agrees to plead guilty in exchange for a lighter charge

Question 19

What does it mean when someone is sentenced to probation?

Answer 19

You can keep your freedom, but you will have to check in regularly. So long as you follow the rules, you will avoid incarceration. You can be arrested if you violate probation

Question 20

What does it mean when criminal charges are dismissed “without prejudice?”

Answer 20

The case can be refiled in the future

Question 21

What does the term “in camera” mean in the context of a trial proceeding?

Answer 21

“In chambers,” out of public view

Question 22

What is a “change in venue?”

Answer 22

Changing the location of the case- Can be due to extensive pre-trial publicly of the case

Question 23

What is the difference between a jail and a prison?

Answer 23

Jail- used as holding facilities for those who are awaiting trial or convicted people whose sentences are less than a year (74% of people held by jails have not been convicted of a crime) whereas prison is a place for convicted criminals of serious crimes

Question 24

Homicide

Answer 24

the killing of a human being at the hand of another. Not all homicides are crimes. Here are the homicides that are crimes: 1) Murder 2) Manslaughter 3) Criminally Negligent Homicide

Question 25

First Degree Murder (most heinous)

Answer 25

premeditated or “after deliberation, reflection and judgment concerning the act.” There was intent to kill.

Question 26

Second Degree Murder

Answer 26

No premeditation, but there was intent to kill

Question 27

First Degree Murder- NY

Answer 27

Premeditated; there was intent to kill and an aggravating factor; aggravating factor= an additional condition that existed at the time of the intended killing (Examples: intended victims was a law enforcement officer, intended victim was a witness to a prior crime, victim was killed during commission of another crime (Max punishment= life in prison)

Question 28

Second Degree Murder

Answer 28

Intent to kill, killing showed depraved indifference to human life

Question 29

1st degree Manslaughter

Answer 29

Intent to cause serious physical injury, but not death

Question 30

2nd degree manslaughter

Answer 30

Recklessness= aware of and disregarded the risk to human life; or created or contributed to the substantial risk

Question 31

Robbery

Answer 31

Involves taking from a person through the use of force, intimidation, or threat

Question 32

Armed Robbery

Answer 32

a robbery committed with a firearm or other weapon

Question 33

Burglary

Answer 33

involves entering a dwelling or building

Question 34

Larceny

Answer 34

taking of someone’s property without permission, with intent to permanently deprive the owner (can be called theft or grand theft)

Question 35

Arrest and Booking (1st step in Arrest and Trial Process)

Answer 35

Entered into the arrest log, mug shots and fingerprinting, incident and arrest reports written and filed, arrest and charging info sent to prosecutor’s office for review

Question 36

Arraignment (2nd step in Arrest and Trial Process)

Answer 36

“First Appearance,” First public reading of charges in court, defendant enters plea, typically not guilty, but that can change, judge sets bail if allowed, court determines if suspect is represented by counsel

Question 37

Preliminary Hearing (3rd step in Arrest and Trial Process)

Answer 37

Judge decides if there is probable cause. If so, case continues

Question 38

Grand Jury (4th step in Arrest and Trial Process)

Answer 38

In NY, held for serious crimes and felony charges. Prosecutor presents case, calls witnesses. Defendant is not present. No cross examination of witnesses. Grand jury decides whether to indict the defendant. TRUE BILL= indictment issues, NO BILL= no indictment issued.