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Criminal Procedure > Criminal Procedure > Flashcards

Criminal Procedure Flashcards

0
Q

Welfare and Institution Code 707

A

Do what is in the best interest of the juvenile including sending them to prison

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1
Q

Prop. 21

A

DA has discretion on whether to try the juvenile as an adult or a juvenile

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2
Q

Intervene (cop)

A

Have to reasonably believe that the person is a felon to use deadly force

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3
Q

Juvenile Process (indigent parents)

A

Have the right to appointed counsel

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4
Q

Insanity

A

NGI defense = Not Guilty; Insane
Plea = not guilty or not guilty for reason of insanity
Considered to be winning the case if granted
Person will be locked up in an insane asylum to go through treatment and be released upon being cured

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5
Q

Defense of Others

A

Using enough force as is necessary to defend another person

Burden on the defendant

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6
Q

Defense of Habitation

A

The closer an offender gets to a house, the more the rules change
If they are in the house, they are trespassing
CA: If the victim intrudes on a home and the occupant reasonably believes that the person will commit a crime other than an entry and they MIGHT use physical force to commit that crime, deadly force used against them is permitted.
Rule has been extended to apply to someone who is trying to physically harm (substantial damage) the house (arson cases from the outside).
Force cannot be excessive

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7
Q

Sentencing takes place…

A

in superior court. Each county has a superior court

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8
Q

Necessity

A

Crime was necessary
Ex: speeding to get someone to the hospital
Burden on the defendant

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9
Q

Imperfect Self-Defense

A

The defendant was wrong
Defendant thought they should act when they really shouldn’t have
Burden on the defendant

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10
Q

3 Strikes CA

A

All 3 offenses have to be serious or violent and all have to be strikes =25 to life

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11
Q

Intervene (non-cop)

A

Using force that is deadly requires a reasonable belief that the crime will result in death or GBI before the non-cop can use deadly force
Have to KNOW that the person is a felon before they use deadly force
Gebtz (he shoots some guys on a subway who were demanding $5 from him, they threatened him with screwdrivers)
D has burden of proof
Exception: “I had no choice”

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12
Q

Middle Term

A

Judge is ordered to give this term in felony cases

3yrs

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13
Q

Self-Defense

A

Using enough force that is necessary to protect yourself but no more
No duty to retreat law in CA
Burden on the defendant

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14
Q

Juvenile Process (petition)

A

Complaint

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15
Q

Juvenile Process (disposition)

A

Conviction

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16
Q

Juvenile Process (3rd Step)

A

Status Conference
Same as pretrial conference for adults
Judge wants to know if the case has settled
Happens 3-4 weeks after detention hearing
There could be multiple status conferences

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17
Q

3 reasons Dr. Bronson gives in favor of the death penalty

A

Does it deter?
Is it cheeper to execute the inmate?
Retribution or revenge?

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18
Q

Upper Term

A

5yrs

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19
Q

Juvenile Process (5th Step)

A

Jurisdictional Hearing
Same as an adult trial
State becomes the parent
Issue is: does the court have jurisdiction over this minor? Does the court have jurisdiction to dispose of the juvenile? Judge will decide these things.
If yes –> the court will act as the juvenile’s parent

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20
Q

Juvenile Process (5)

A
  1. Petition filed
  2. Detention Hearing
  3. Status Conference
  4. Dispositional Bargaining
  5. Jurisdictional Hearing
  6. Dispositional Hearing
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21
Q

Juvenile Process (6th Step)

A

Disposition Hearing
Same as a sentencing hearing in adult court
Judge can give lower, upper, or middle term
Judge can dispose the juvenile or find jurisdiction over them
Aggravating and mitigating circumstances

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22
Q

Juvenile Process (2nd Step)

A

Detention Hearing
Same as “arraignment” for adults
Charges
Max punishment
Custodial status
Appointment of attorney
DA will argue: do we detain the juvenile in Juvi until the hearing?
Probation department is involved but considers Juvi instead of jail (no such thing as bail in juvenile cases)
Can be released with juvenile and adult terms and conditions (ex: curfew)

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23
Q

Alex Cape-Jones

A

The best boyfriend ever!
Loves you very much!
Is willing to do anything for you.
Is here to help you out during finals.

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24
Q

Juvenile Justice System’s goal

A

To do what is the best interest of the juvenile. To establish jurisdiction over the juvenile.

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25
Q

Juvenile Process (if not sent to Juvi, then…)

A

Foster care
Grandparent’s house
Home with terms and conditions

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26
Q

Long Term Sentencing (juveniles)

A

CA Youth Authority (CYA)
Boot camp
Juvenile Hall

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27
Q

Lower (mitigated) Term

A

Mitigating circumstances outweigh aggravating circumstances

1 yr

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28
Q

Juvenile Process (4th Step)

A 
Disposition Bargaining
Same as plea bargaining
Can continue the matter:
1. Juvenile attends counseling
2. Juvenile getting better
-->Status Conference (3rd Step) in 4 months (there could be multiple status conferences)
Two ways the case can go:
1. Disposition Hearing (repeat 6th step) OR
2. Jurisdictional Hearing (5th step)
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29
Q

Is it cheeper to execute an inmate? (Bronson)

A

No; it’s more expensive than incarceration
Added costs include:
Pretrial and trial costs for death penalty
Automatic appeal
State & federal habeus corpus
Incarceration for life

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30
Q

Juvenile Process (prosecutor’s strategy)

A

Juveniles do not have the right to a jury trial
Sometimes prosecutor will want the juvenile to be charged as an adult to get a jury trial (Prop. 21 or 707 motion) if is in the bet interest of the juvenile

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31
Q

Juvenile Process (attorneys…)

A

Attorneys are supposed to do what is in the best interest of the juvenile
Prosecutor is not supposed to prosecute too hard.
Defense is not supposed to try too hard to get the juvenile off.

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32
Q

Alibi

A

Defense proves that the defendant was at a different place at the time the crime was committed
Whatever places the defendant in the circumstance where it couldn’t have been them that committed the crime

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33
Q

Juvenile Process (burden of proof)

A

Burden of proof is still beyond a reasonable doubt

Highest standard

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34
Q

Affirmative Defenses

A 
Self-Defense
Imperfect Self-Defense
Defense of Others
Defense of Habitation
Defense of Property
Public Authority
Domestic Authority
Insanity
Temporary Insanity
Prevention of Crime (Intervene)
Entrapment
Alibi
Necessity
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35
Q

Enhancements

A

Additional aggravating circumstances that can tack on additional years

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36
Q

Juvenile Process (1st Step)

A

Petition (complaint) is filed

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37
Q

Juvenile Process (judges…)

A

Make the ruling on where the juvenile will go

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38
Q

4019 Credits

A

Take time off the top of time already served (ex: 3yrs - 6months already served).

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39
Q

Prevention of Crime (intervene)

A

To defend persons or property
Force cannot be excessive
Can intervene on felony but not misdemeanors unless they involve a breach of peace (violence)
Any amount of non-violent force is permitted as long as it is reasonably necessary to prevent the crime from happening
Commonwealth v. Emmonds

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40
Q

Public Authority

A

Perception of a cop’s overreaction (use of excessive force)
Allow a person to do something that they would otherwise not be able to do if it wasn’t for their authoritative position
Told to commit a crime by a public authority
Under color of law or under cover of authority
As long as they do not exceed the authority they are given (excessive force)
Cannot depart from authority given
State v. Manteli

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41
Q

Juvenile Process (prosecutor gets to…)

A

Decide whether the juvenile is charged as a juvenile or as an adult.
Prop. 21

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42
Q

Three Strikes

A

All three counts have to be serious or violent offenses

If the third offense is a regular felony, then the sentence is just doubled

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43
Q

If the defendant practices their right to refuse probation or if the judge refuses to grant probation…

A

Will be sentenced with the max penalty which is 365 days in CA

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44
Q

6th Amendment

A

Right to speedy, public, jury trial. Right to counsel and witnesses

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45
Q

Domestic Authority

A 
Punishment must be:
1. Reasonably necessary to protect the welfare of the child
2. Reasonably related to the conduct
3. Proportional to the conduct 
Ex: Parents spanking their children
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46
Q

Does the death penalty deter? (Bronson)

A

Compliance with the law increases as the penalty increases

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47
Q

Juveniles cannot get…

A

LWOP or death

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48
Q

Entrapment

A

Police officers convinced someone to do something that they were not otherwise predisposed to do
Brought up by way of motion; not in front of a jury

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49
Q

Juveniles can go to state prison when…

A

They turn 18

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50
Q

Temporary Insanity

A

At that point in time, the emotional drive and the trigger can render a person temporarily insane
Diminishes charges against a person
Must have mens rea, which is why the person is found guilty
Didn’t have enough time to form intent (diminished capacity) –> voluntary manslaughter

51
Q

Probation Terms and Conditions

A

Sometimes the terms of probation can be more beneficial for the defendant than incarceration because they address the underlying problem and provide opportunities of for restorative justice

52
Q

Motion

A

A written request for the judge to make a ruling.

Ex: Discovery motion

53
Q

PC 995 Motion

A

Dismiss one or more counts of a complaint because their is insufficient evidence to prove probable cause or you were illegally committed.

54
Q

5th Amendment

A

…nor shall any person be subject for the same offense to be twice in jeopardy of life or limb;
Nor shall be compelled in any criminal case to be a witness against himself, nor be deprived if life, liberty, or property, without due process of law;
Nor shall private property be taken for public use, without just compensation.

55
Q

1382 Motion

A

Dismiss charges due to failure of speedy trial rights (90 days).

56
Q

Specialty courts

A 
Recently became popular
Invented by state courts
   Drug Court
   HIDE Court
   DVOR Court / Anger Awareness
57
Q

4th Amendment

A

The right if the people to be secure in their persons, house, papers, and effects,
Against unreasonable searches and seizures,
Shall not be violated,
And no warrants shall issue,
Upon probable cause,
Supported by oath or affirmation,
And particularly describing the place to be searched,
And the persons or things to be seized.
Only protects the privacy interests if PEOPLE, not places.

58
Q

Dual Jurisdiction

A

Whichever jurisdiction filed first

An acquittal in one jurisdiction bars another jurisdiction from prosecuting

59
Q

Confrontation Clause

A 
During trial (8th step in criminal procedure)
Defendant has the right to be confronted with and examine the witnesses who have supplied incriminating evidence.
60
Q

17B Motion

A

Reduces sentence from a misdemeanor to an infraction
Reduces sentence from a felony to a misdemeanor
DA can bring up the reduction but it’s the ultimate decision of the judge to grant or deny it. Judge doesn’t have to explain their reasoning.
17B5 elevates a sentence. If the defense wants the sentence elevated, it HAS to be elevated. Motive: to have a trial.

61
Q

Schmerber v. California (1966)

A

Testimonial evidence
Facts: DUI suspect had a blood sample taken. Analysis was used against him.
Ruling: The 5th Amendment privilege against self-incrimination “protects an accused only from being compelled to testify against himself, or otherwise provide the State with evidence of a testimonial or communicative nature, and that the withdrawal of blood and the use of…analysis…did not involve compulsion.

62
Q

Court Organization

A 
United States Supreme Court
State Supreme Court
Court of Appeals
Superior Court
Trial Courts (district federal courts)
-judges appointed for life
63
Q

Jurisdiction

A 
Jurisdiction = Systems
Venue = place
Asks: state or federal court?
If federal court --> which one? This is venue (place)
Criteria for choosing a venue (flash card)
Process (flash cards)
Dual Jurisdiction (flash cards)
Statute of limitations (flash cards)
64
Q

Marsden Motion

A

Substitute your public defender

65
Q

Misdemeanor Process (8 steps)

A
  1. Arraignment
  2. Pre-trail conference
  3. Trial Readiness Conference (TRC)
  4. Trial assignment Calendar
  5. Pre-trail conference
  6. Jury Trial
  7. Sentencing
  8. Appeals
66
Q

Right to a Jury Trial

A

Attachment: The right to a jury trial attaches any time a person is charged with an offense where the maximum authorized punishment exceeds 6 months.
Jury Size: Minimum is 6 persons
Cross Section: The jury pool must be a cross-section if the community, but the jury actually selected need not be a cross-section.
Waiver must be knowing and voluntary: The suspect must be aware of the rights she is waiving and voluntarily choose to waive them.
DA can waive the right to a jury trial
Subpoenas
Preemptory challenges to jury selection (flash card)

67
Q

Felony Process (9 steps)

A
  1. Arraignment
  2. Preliminary hearing
  3. 2nd Arraignment (Superior Court)
  4. Trial Readiness Conference
  5. Pre-Trial Conference
  6. Trial Assignment Calendar
  7. Jury Trial
  8. Sentencing
  9. Appeals
68
Q

Jurisdiction Process

A
  1. US attorneys office files a complaint

2. Defense can file a motion to dismiss for want of venue or jurisdiction

69
Q

PC 1000

A

Late 60s
If a person possesses marijuana for personal use, they can be diverted from the system.
- Judge decides if defendant is eligible:
- Yes –> defendant waives the right to a jury trial
hearing later, but in the meantime they are free under conditions –> case dismissed
- Conditions
Ex: NA meetings
Don’t satisfy conditions –> reenter the system

70
Q

Keeler v. Superior Court (1970)

A

Facts:
- Defendant and wife had divorced. She had been cheating on him. She was pregnant. Defendant beat her to the point where the baby died.

Issue:
- At what point during the pregnancy is it considered homicide? Law hadn’t been looked at since 1850.

Ruling:

  • Law must give reasonable notice of what the crime prohibits
  • The act was not illegal according to the law
  • Statute facially defective
71
Q

Sentencing

A

9th step in criminal procedure
If the verdict is guilty, the judge will sentence the defendant.
Each party may submit evidence that it wishes the judge to consider in issuing a sentence.

72
Q

Trial Readiness Conference (TRC)

A

4th step in felony procedure
3rd step in misdemeanor procedure
Judge wants case to be settled
Private (no public allowed)
Only two attorneys and the judge in a room where the:
- judges are active in trying to get the case settled (get attorneys to change their mind about their positions
- judge asks attorneys what they want

73
Q

Own Recognizance Motion

A 
Asking to be released in jail without bail on a promise you will appear in court.
Granted only if given a guilty plea.
Conditions:
- Must have community ties
- No flight risk
- No priors
74
Q

6th Amendment

A

Right to a speedy public trial,
by an impartial jury of the State and district wherein the crime shall have been committed,
which district shall have been previously ascertained by law,
and to be informed of the nature and cause of the accusation;
to be confronted with witnesses against him; to have compulsory process for obtaining witnesses in his favor;
and to have assistance of counsel for his defense.

75
Q

Motion to Suppress Evidence

A

Dismiss evidence because it violated defendant’s constitutional rights.

76
Q

Writ of Habeas Corpus

A

Writ asking to be brought in front of a judge for unlawful detention.

77
Q

Prosecutor’s job is…

A

To prove that defendant is guilty.

78
Q

Faretta Motion

A

Representing oneself

79
Q

Griffin v. CA (2008)

A

Compulsion
Facts: Convicted of 1st degree murder and sentenced to death. He was seen with the victim on the night of the crime and in the alley with her where her body was discovered.
Ruling: The 5th Amendment allows a defendant to not testify to prevent self-incrimination.

80
Q

Jailer

A

Is a correctional officer at the local level.

81
Q

Appeals

A

Goes to the court above the one that the trial is in
Can only look at what the judge in the trial looks at (no new evidence)
- Can only raise new evidence w/ a writ.
- Attorney can file this writ with the appeal

82
Q

Criteria for choosing a venue (jurisdiction)

A
  1. Situs of the witness
    • Where the witnesses are
  2. Situs of the physical evidence
    • Where the physical evidence is
  3. Situs of the acts (crimes)
    • Look to the charging documents
    • Look to the location of the actus reus
  4. Situs of the defendant
    • Where the defendant live or where he/she is from
      These arguments are made to a judge. US attorneys office gets to choose a venue.
83
Q

Court clerk & reporters job is to…

A

Keep records of everything that goes on in the room. They are protecting the system by doing this.

84
Q

Judges job is to…

A

Punish as well as protect defendant’s rights. Decides law.

85
Q

Bond

A

D can buy a bond if they can’t afford bail.

Cannot get this $$ back.

86
Q

Drug Court

A

Must plead guilty
Must have no more than two priors to be eligible
Must complete or else defendant has to do hard time
If defendant completes it –> offense is stricken from their permanent record
Year long program –> graduation at the end –> case dismissed
If defendant uses drugs –> defendant taken into custody
Defendant pays for the program

87
Q

Gideon v. Wainright (1963)

A

The right to counsel

Facts:Gideon charged with felony. Informed court he was indigent and requested an attorney. Court declined because in Florida, only capital offenders are appointed counsel.

Ruling: The right of an indigent defendant to appointed counsel is a fundamental right, essentially a fair trial. Failure to provide one is a violation of the 14th Amendment.

88
Q

8th Amendment

A

No excessive bail or fines.

No cruel and unusual punishment.

89
Q

2nd Arraignment (misdemeanors)

A 
Same as the first arraignment
Opportunity to modify bail
"Complaint" becomes an "information"
DA can bring additional info
Sometimes the complaint is different than the information (a new one)
Set a jury trial date ~90 days
 - Opportunity to waive a speedy trial
90
Q

2nd Arraignment (felonies)

A 
3rd step in felony procedure
Happens in Superior Court
Defendant pleads guilty, not guilty, or no contest (nolo contendre) to the charges contained in the indictment or the information.
Advised of the charges
Pleads guilty --> judge sentences them
Pleads not guilty --> court trail date is set up (~90 days) 
DA can bring additional information
Bail is modified
91
Q

Crime = (3 things)

A

Actus reus + mens rea + social harm

92
Q

Baldwin v. NY

A

Right to trial by jury if imprisonment is more than 6 months.

93
Q

Closing Arguments

A

(Statements)
Prosecution goes first
May be argumentative and/or biased and may include conclusions
Prosecution gets two closing arguments because they have the burden of proof
- A response to defense’s closing argument but only allowed to address matters brought up by the defense

94
Q

Discovery Motion

A

Both prosecution and defense must present evidence, witnesses, and facts.
Takes place between the pre-trail hearing and arraignment
CA Prop. 115 says the prosecution has to turn over all relevant evidence to the prosecution as well.
Can file to obtain evidence that the other side may be witholding.

95
Q

Prop. 36

A

Similar to drug court
Much easier on the drug user than drug court
Difference: plea is not given back
Instead of going to jail or prison, they go through treatment
Treatment is not the choice of the defendant nor the judge: if they’re a drug user, they go to treatment
They are given three strikes before they are sent to jail or prison
- If it is a major violation –> may go straight to prison or jail and get kicked out of treatment

96
Q

Miranda Doctrine

A

In general, any statement made by a suspect as the result of a custodial interrogation is compelled, and thus violates the 5th Amendment right against self-incrimination, unless the government proves the police provided adequate procedural safeguard (Miranda v. Arizona).
Elements: custody & interrogation

97
Q

Indictment

A

Formal charging document returned by a grand jury.
In jurisdictions where an indictment is required, the prosecution must first present the case to the grand jury, which then votes on whether probable cause exists.
When an indictment is required, the defendant does not receive a preliminary hearing. The grand jury alone determines whether probable cause exists.

98
Q

Opening Statements

A

Prosecution gets to go 1st
- “Here’s what you’re going to see in this trial…”
- No verdict
- Cannot be argumentative or biased (have to wait ‘till closing argument)
Defense goes 2nd
- They can waive their opening statement or reserve it.
* Reserving: wait until after prosecution puts up all their witnesses

99
Q

Witnesses job is to…

A

Provide testimony truthfully. Correctly testify about what they learned through their empirical senses.

100
Q

Selective Incorporation Doctrine

A

Some of the rights in the 14th Amendment can be protected by the 1st Amendment

  • (The word “liberty” can include “speech.”)
  • 1st Amendment is incorporated by the 14th Amendment
  • 4th, 5th, & 6th Amendments were incorporated over the years (selectively).
101
Q

Trial Assignment Calender

A

4th step in misdemeanor procedure’
6th step in felony procedure
Happens 2 days after Trial Readiness Conference
Judge is assigned
- attorneys are given a chance to kick the judge off the case

102
Q

Limits of the law

A

Law can be really old
It could describe a criminal act that is similar to what defendant did but does not describe their act
Could be invalid on its face (i.e: cocaine law) = unconstitutional

103
Q

Probation officer’s job is to…

A

Make a report (PSI) that states what the probation department thinks should happen to defendant. They also supervise defendant while they are on probation. They have to make sure the person obeys the terms of their probation.

104
Q

Preliminary Hearing (2nd step for felonies)

A

2nd step for felones
Determines whether probable cause exists for bringing the defendant to trial (prosecution must prove this)
Judge decides if the case should move onto the next step
No jury
D can waive right to preliminary hearing
Prosecution must prove w/ preponderance of the evidence that defendant is reasonably a suspect.
Prosecution does not need to prove BARD; only probable cause

105
Q

Davis v. Washington (2006)

A

Cannot find someone guilty based upon heresy.
As long as there heresy is not being used to find someone guilty, then it can be used in a court of law.
Prosecution can prove that the witness is unavailable, but they have to only read, word-for-word, the witness’s previous statement.
Can use heresy evidence to impeach

106
Q

Ineffective Assistance of Counsel Motion

A

Attorney failed to properly represent their client which resulted in wrongful criminal conviction (attorney malpractice).

107
Q

Sentencing

A

Within 28 days after trial
Probation officer is asked what they suggest
- must go through 33 Rules of Court
Defense can offer a STATEMENT OF MITIGATION
Prosecution can offer a STATEMENT OF AGGRAVATION
Judge sentences based on these three things

108
Q

Trial (misdemeanors and felonies)

A

8th step in criminal procedure
Prosecution must prove beyond a reasonable doubt each element of the crime(s) charged.
The majority of trials require a jury of the defendant’s peers (although some misdemeanors may be tried before a judge).
Confrontation clause
Verdict: after closing arguments and the jury has been instructed, the case is submitted to the jury, who will deliberate the facts an law. Upon reaching a conclusion, the jury mist give a verdict of guilty or not guilty (or if the jury is hung, a mistrial can be declared).

109
Q

Statute of Limitations

A

CA: 3yrs for felony
1yr for misdemeanor
Runs from date of the discovery of the crime
After the time runs out, defendant cannot be charged
Rost/Serna Case
- If there is a charge against defendant and it is within the statute of limitations, the case can be thrown if the prosecution took too long putting the case together.
- 7 exceptions for certain offenses
Prosecution can be barred on the basis of ex post facto (if it wasn’t a crime when defendant committed the act –> cannot be charged.
Prosecution can be barred on the basis of double jeopardy (5th Amendment)
- Once in jeopardy:
Jury has been sworn in
Jury has heard the evidence
Guilty plea
- Hung jury won’t work for res judicata –> defendant cannot be tried again

110
Q

Appeal

A

10th step in criminal procedure
Defendant has a right to appeal the conviction and sentence.
Ordinarily, failure to exercise the right to appeal within a designated amount of time will result in a waiver of this right.

111
Q

Bail bondsman’s job is to…

A

Grant defendant’s release prior to their trial for a price instead of having to go to jail.

112
Q

Euing v. CA (2003)

A

Facts: A defendant with an extensive criminal past was sentenced 25 to life after stealing golf clubs
Ruling: A three strikes rule is constitutional if the sentence is “not grossly disproportionate [with the crime] and therefore does not violate the 8th Amendment’s prohibition on cruel and unusual punishments,” because it unusual but not cruel. Must be both cruel AND unusual to violate the 8th Amendment.

113
Q

Robinson v. CA (1962)

A

Facts: Convicted for being addicted to the use of narcotics
Issue: Is this law valid?
Ruling: Reversed. It’s a status. The status of being addicted to a narcotic. There are plenty of people addicted to alcohol. A person can be born with an addiction to a narcotic. Violates the 8th Amendment because being addicted is an illness.
Significance: Got rid of the words “addicted to” in the law. Court established that in order for one to be charged with a criminal act, it was necessary for one to commit an “act.”

114
Q

Pretrial Conference

A

2nd and 5th step in misdemeanor procedure
5th step in felony procedure
Happens 2-3 weeks after arraignment to allow enough time for attorneys to obtain discovery
Defense makes pretrial motions
- suppress unlawfully obtained evidence
- dismiss individual charges
- dismiss entire case
Both parties discuss discovery
Judge asks attorneys if the case is settled:
- No –> jury trial in 60 days (felonies –> preliminary hearing –> jury trial)
- Yes –> defendant pleads guilty –> probation report –> sentencing

115
Q

Elements of the offense…

A

ALL elements must be proven beyond a reasonable doubt
Can be mental or physical evidence
It is possible to have only actus reus, or both
- Affirmative defense (i.e. crimes of necessity)

116
Q

Arraignment

A

1st step in criminal procedure
Within 24 hrs of arrest. At this appearance, the defendant will be informed of the following:
1. The charges against her
2. Her right to counsel
3. How counsel will be appointed (for indigent defendants)
4. Her right to a bail determination and, if bail is to be set, the amount at which it is set
5. Informed of the max punishment

117
Q

Juror’s job is…

A

To decide facts.

118
Q

Direct & Cross Examination

A

Questioning your witness is direct examination
Questioning the other side’s witness is cross examination.
Prosecution goes 1st
Redirect / recross examination is questioning your witness again after they have been cross examined.

119
Q

Bail

A

Judge can set bail according to the bail schedule.
$$ is returned upon court appearance.
Judge is to presume that defendant is guilty
- Considers
1. the weight of the evidence used against defendant
2. history of the defendant
3. whether defendant was on parole or probation at the time offense occurred
4. whether defendant has any priors
5. whether defendant poses a flight risk
Usually always terms and conditions that come with bail or OR
- Some can be really good (ex: drug rehab)

120
Q

Preemptive challenge to jury selection

A

Ask the jurors if they are biased to see if they can be kicked off the jury.
18 jurors
- must be questioned by both the defense and prosecution
- do they pass for cause? Can they be an active juror?
Attorneys can challenge as many times as needed. No limit (on one juror)
Attorneys have 10 challenges each
Judges will dismiss whoever the attorneys want to dismiss
An attorney is in a good spot if they have more challenges than the other.
Passing is a good strategy
2 passes = 12 on a jury –> done!

121
Q

Bailiff’s job is to…

A

Preserve order and provide security

122
Q

Information

A

Following the magistrates determination that there is sufficient evidence to bind over the defendant for trail, the prosector prepares and files an information, which is a formal charging document in jurisdictions where a grand jury indictment is not required.

123
Q

Pitches Motion

A

Obtain personnel file of law enforcement officer.

124
Q

Jury instructions / deliberations

A

The attorneys and judge argue about which one should be given.
Judge has ultimate decision
Judge can still dismiss the case if attorney suggests a 1118 motion
Defense has the right to appeal a jury verdict
Judge has decision to grant or not

Criminal Procedure (1 decks)

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