Exam 3 Study Guide Flashcards
Prosecutor is also known as what?
D.A.
Define Prosecutor
A govt. lawyer & chief law enforcement authority of a particular area. They represent the govt. (State or Fed.) in criminal trial proceedings
Prosecutors ultimately have the final say whether a case (brought by the police) goes to court or not. T/F?
True
What type of relationship does the police and prosecutor have?
Conflictual
What are the reasons for the police & prosecution to have such a conflicting relationship?
Background differences (prosec. makes more money then police. They also have higher education. Police also judge based on probable cause, while prosec. has to prove them guilty beyond a reasonable doubt.
What is the purpose of the defense team in court?
To provide counsel for the accused b/c they lack the knowledge of criminal procedure (KEY POINT: Innocent until proven guilty)
What are responsibilities of defense?
Negotiate bail w/ prosecutor, plea bargain, help select accused’s jury
What are the 2 types of defense lawyers?
Private attorneys and public defenders
What was ruled by the Supreme Court in the Gideon v. Wainwright in 1963?
It was ruled that a person too poor to afford a lawyer should be provided a lawyer in ALL cases or else a fair trial cannot be assured
Define Indigent Defendant
Person lacking the “necessities” of life b/c of poverty
What does the 6th Amendment entitle US Citizens?
Right to counsel
What is the Attorney/Client Privilege?
A rule of evidence requiring that communication between a client and their attorney be kept confidential unless the client agrees to its disclosure. (e.g. accepts plea bargain)
What percent of felony cases never even go to trial but instead accept a plea bargain?
90%
Define the Adversarial System
A legal system in which the prosecution and defense attorney are opponents. The court comes to a just solution based on the evidence presented by the contestants and decides who wins and who loses
Name the first thing that happens after an arrest and define it means.
After being arrested taken to station to be booked. During this basically the suspect is searched again, photographed, fingerprinted, and allowed at least 1 phone call. (In FL they take swab from mouth for DNA database). After this charges are gonna be reviewed and if not dropped a complaint is filed. A magistrate will examine the case for probable cause. If the case moves forward from here it moves onto the pretrial process
Name the 1st step in the pretrial process and define what happens.
The Initial appearance - informed of constitutional rights and the charges against them (e.g. right to remain silent etc.) If you haven’t had attorney yet, one will be appointed to you
If the offense committed is a misdemeanor. What is an option the defendant could possibly use?
Released on Recognizance is a possible option for the defendant. This means that the defendant can be released back into the community prior to trial simply on their written promise to return to court to face the charges.
If the offense committed is a felony by the defendant what happens to them?
They are put in prison and in order for them to be released they are going to have to post bail
Define Bail Bond
A security posted guarantee that a defendant in a criminal procedure will appear in court as required
What does the 8th Amendment state?
Excessive bail shall not be required
What does a bondsman do?
A person or corporation that will pledge money or property as bail for the person’s accused in court. In return for this service bondsman expect at least a 10% service fee to be paid in return
Those who receive bail are more than likely to be acquitted of all charges at court. T/F?
True
What percent of those who receive bail found not guilty at trial?
40%
Define preventive detention
People that are thought to be a threat to society and/or a risk of not showing up to trial are kept confined for society’s protection
What is the Comp. Crime Control Act?
Authorized preventive detention without bail
What was the final ruling in the case: U.S. v. Salerno (1987)?
Arrestees charged with certain serious felonies can be denied bail and this does not violate the 8th Amendment’s due process clause.
Is the following statement true…: “The amount of bail required must be reasonable to the seriousness of the offense. For some offenses no bail is actually reasonable” If yes why?
Yes this is true because not everyone has 20-50k lying around to bail them out of jail.
Define “The Information”
prosecutor, issues charging document to judge
What does the preliminary hearing entail?
Prosecutor presents evidence in front of a judge to determine if there is probable cause, kind of like a mini-trial to confirm probable cause. As a defendant you can start discovery process meaning you can find out what evidence they plan on using against you
Define “The Indictment”
another charging document
Define the Grand Jury
jury of people that hear a bunch of cases in order to determine probable cause. They are nicknamed “The Rubber Stamp”
What percent of cases introduced to the grand jury are indited?
99%
Define Nolle Prosequi (AKA Nolle’s or Nol’s Pros)
a formal entry into the record that the prosecutor will no further prosecute the case
What is the best predictor when determining whether a case will go to trial or not?
the strength of the evidence
What else are good indicators of determining a case’s chance at trial?
Think wedding cake model: The importance of the offender and/or victim, and/or the media attention of each case are very important factors to consider.
Define the Arraignment
Told of charges against you and will be asked to enter a plea.
What can you plead during the arraignment?
Not Guilty, Nolo Contendere (I will not contest to the charges), or Guilty
Define Plea Bargain
recieves concession in exchange for guilty plea
Define Charge Bargaining:
The defendant pleas guilty in exchange for a reduction in the charge
Define vertical overcharging
where the prosecutor raises the level of the charge above its proper place
What form must defendant sign in order to proceed with plea bargain?
Boykin Form, this forms waives their right to trial
Define Civil Trials
person sues another person or company, for monetary damages/or “restitution” (restore make things right)
Define Criminal Trials
the state, not the “victim” brings charges. In Criminal Trials the burden of proof falls on the state
How are the 2 types of trials similar?
Both have juries, opening statements, examination, cross-examination, etc.
What does 5th Amendment protect?
Privilege against Self-Incrimination (I plead the 5th)
What is the goal of jury selection?
to produce a “cross-section” of the “population” from where the crime was committed
Define Master Jury List
A list of citizens in a Court’s jurisdiction/district
Where else can court look besides master jury list to find possible jury candidates?
Voter’s Registration List, Driver’s License Lists (FL uses this), Tax Returns, Telephone Books, Welfare Listings etc.
What are the qualifications to be on a jury?
Minimal no felony convictions, US citizen, sufficiently healthy enough, read, write, speak English well enough
Define The Venire
All the people notified from the Master List, by the Clerk of the Court that they have been selected for jury duty
Once the Venire has been called, the actual selection of the jury includes what?
The Voir Dire (“Vwa Dear”)
Define the Voir Dire
preliminary questions (both written and verbal) that the trial lawyers ask potential jurors to determine whether they might be biased
Name the 2 types of challenges attorney can give to court when deciding not to include someone on jury and define them.
Challenges of Cause & Peremptory Challenges. Challenges of Cause occur when an attorney can give a reason for why a potential juror should not be selected for the jury. Peremptory Challenges are challenges when an attorney does not have to give a reason for excluding a potential juror.
How many peremtory challenges are used for felony trials and capital/murder trials?
5-10 & 10-20 respectively
What ever happened to Gideon?
Recieved new trial and this time was appointed an attorney and found not guilty, which set him free. After that he died soon after in Fort Lauderdale medical center
Define Opening Statements
when lawyers from both sides make statements to the jury
Which legal team makes their statement first and second?
Prosecution goes 1st then Defense 2nd
When does the Defense go first and Prosecution go 2nd?
During the Closing Statements
