Criminal Justice Process: Phase III and IIII Flashcards

1
Q

to voluntarily give up a right

A

Waive

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2
Q

disobeying a court order

A

Contempt of Court

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3
Q

a witness cannot be prosecuted for their testimony

A

Immunity

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4
Q

includes evidence to help the judge decide on a sentence

A

Presentence Report

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5
Q

writing down or recording the official transcript of the court proceedings - everything that is said

A

Court Reporter

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6
Q

officer who assists the court, judge, and the jury and maitains the courtroom

A

Bailiff

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7
Q

giving sworn statements for evidence

A

Deposition

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8
Q

court order for someone to appear in court or to produce evidence

A

Subpoena

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9
Q

when a attorney is challenging something asked or said that they think is a violation of procedure was made

A

Objection

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10
Q

judge agrees with attorney’s objection - the question must be rephrased or withdrawn- jury is instructed to disregard

A

Sustained

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11
Q

judge has ruled that the evidence/testimony has been properly entered and trial can proceed

A

Overruled

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12
Q

make sure law is followed, ensure rights of defendantsm rule admissibility of evidence, keeping order

A

Judge

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13
Q

group up to 12 citizens who listen to the facts to determine guilt or innocence of the defendant

A

Jury

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14
Q

the attorney for state or federal government that determine if charges are filed against on individual. Burden of criminal case to proove the defendant is guilty beyond reasonable doubt

A

Prosecutor

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15
Q

attorney representing the defendant

A

Defense attorney

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16
Q

latin term meaning “in one’s own belief”; a defendant themselves

A

Pro se

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17
Q

the person accused of a crime or wrongdoing

A

Defendant

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18
Q

keep records of court case

A

Court Clerk

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19
Q

Two steps of a capital punishment/death penatly case

A
  1. Decide guilt or innocence of the charges
  2. Determine sentence - death or life in prison
20
Q

Aggravating and mitigating circumstances in a death penalty trial

A

Aggravating: make crime worse and results in death
Mitigating: lessen severity and results in life in prison without parole

21
Q

information that will help the judge decide on a sentence

A

Presentence Report

22
Q

Gideon v. Wainwright

A

All federal and state defendants must be provided with a lawyer

23
Q

the defendant is sentenced to time in jail

A

Imprisonment

24
Q

the defendant must pay an amount of money

A

Fine

25
Q

when the convicted criminal is allowed to leave jail and work but must return at night

A

Work Release

26
Q

when a criminal is punishmed as a form of revenge for their crime

A

Retribution

27
Q

the purpose is to put away the defendant because they are a danger to society

A

Incapacitation

28
Q

when the defendant is required to pay back or make up for the crime they committed

A

Restitution

29
Q

the defendant is given a sentence, but does not serve any time

A

Suspended Sentence

30
Q

the purpose of this is to discourage someone from committing a crime again

A

Deterrance

31
Q

when the defendant is sentenced to serve their term at home under certain conditions

A

Home Confinement

32
Q

the defendant is released under the supervison of the state

A

Parole

33
Q

to help a defendant to change their behavior and become productive members

A

Rehabilitation

34
Q

step one

A

Opening of the Court - Swearing in Jury

35
Q

step two

A

Opening statement by prosecutor/plantiff

36
Q

Step three

A

Opening statement by defense

37
Q

Step four

A

Direct examination by prosecution/plantiff

38
Q

Step five

A

Cross-examination by defense

39
Q

Step six

A

Direct examination by defense

40
Q

Step seven

A

Cross-examination by prosecution/plantiff

41
Q

Step eight

A

Closing arguments by prosecutor/plantiff

42
Q

Step nine

A

Closing arguments by defense

43
Q

Step ten

A

Rebuttal argument (optional)

44
Q

Step eleven

A

Judge’s instructions to the jury

45
Q

Step twelve

A

Jury deliberations and verdict