final Flashcards
When does the discovery process begin and end?
Begins when the case is filed and ends when the case is concluded
does the prosecutor have to give all the discovery to the defense?
YES
What is work product?
the record of an attorney’s mental impressions, ideas or strategies, and is almost never subject to discovery. for example, the prosecutor meeting w witnesses to write down what they may say in testimony.
what is an exception to discovery
work product
are all murders homicides
yes
are all homicides murders
no
does the defendant have a right to not testify/not participate in depositions
yes
what is a false statement under oath?
purgatory
what is very necessary in discovery process
depositions
will the prosecutor listen to jail calls
yes
who are pretrial conferences scheduled by?
the court
what is criminal rule 4
you have to be trialed at least 6 months after being incarcerated or you can be released
does criminal rule 4 matter in pretrial conference
yes
what is essential and necessary to criminal justice system
plea bargaining
is plea bargaining a negotiation
yes
what is pretrial diversion?
f you get arrested for something minor you can get into an agreement with the state if you take classes they will get rid of the charge
is pretrial diversion a plea bargain
yes
how must plea bargaining be done right?
everyone must be doing their job properly. it comes down to the decision of the defendant.
who is the only person that can accept/deny a plea bargain
the defendant
will some prosecutors charge high in order to plead low?
yes
what do negotiations need to be done in?
good faith (no ulterior motives)
a plea agreement is a contract between who
the prosecutor and the defendant
is there a difference between executed time and suspended time?
yes
what is executed time?
time you serve in prison
what is suspended time?
time you serve on probation
is parole probation?
NO
what does it mean for a defendant to plead cold?
they plead exactly how the charges are written
do felony plea agreements have to be in writing?
yes
who has to sign a felony plea agreement?
the prosecutor, defense attorney, and defendant
do misdemeanor plea agreements have to be in writing?
no - just on record
what is the process for a plea agreement?
defendant has to know rights, defendant sworn into tell the truth, factual basis: defendant has to admit to the statutory requirements of that charge
can enhancements stand alone?
no
what do enhancements do?
increase penalty for a charged crime
who does discretionary go to and what does this mean?
to the prosector. They can do it but they don’t have to.
is death penalty an enhancement?
yes
do all murders qualify for the death penalty
no
states that dont have death penalty have what?
life without parole
what is felony murder?
when somebody dies during certain felonies
who can decide whether or not to charge death penalty/life without parole
prosecutor
habitual offender status
an enhancement that says there have been more than 2-3 felony charges
what is the first thing they do at a crime scene
figure out how the person died
once you have a suspect, what is the next step?
to gather probable cause
what do you get a search warrant with?
probable cause - based on probable cause for why you need the warrant
who issues search warrants and has to sign them
judges
what kind of information is suitable for getting a warrant
reliable and credible information
what is the criteria for what a warrant must be?
recorded (or in writing)
police officer must be under oath when saying what happened
search warrant must be specific and in writing
they go stale so only good for a certain amount of time
what is the most fundamentally protecting thing in criminal law
where you reside
if you consent to a search, can you withdraw that consent?
yes
what is exigent circumstances?
if evidence is being destroyed, they can go in before a warrant
what is hot pursuit?
can follow a fleeing suspect into a home without a warrant
what are welfare checks?
suicide watch type situations don’t need warrants
do automobiles have the same expectations of privacy?
NO
is the odor of marijuana probable cause for a police officer to search your car?
yes
what is inevitable discovery?
if they were going to find something anyways, even if taken without a warrant beforehand
what branch does the prosecutor belong to?
executive
can fungible evidence be altered?
yes
examples of fungible evidence
blood, drugs, sweat
can non-fungible evidence be altered?
no or difficult
examples of non-fungible evidence
knives, guns, baseball bats
what is an example of the fruit of the poisonous tree?
police collect evidence without a warrant, then later get a warrant to go get more evidence. the second evidence is now the fruit of the poisonous tree. They didn’t have a right to be there the first time, so they would never have found second evidence.
if the police want to talk to a suspect do they have to record it?
yes
if the police want to talk to a suspect do they have to read them their rights?
yes
what do you clearly have to say if you don’t want to continue talking to the police/want a lawyer
I want to speak to a lawyer.
does prosecution have to prove motive
no
prosecutors resolves cases in these ways:
jury trial w verdict, bench trial w verdict, plea agreement, prosecutor dismisses the case
what is a lie made under oath
purgatory
is purgatory a felony
yes - a crime of dishonesty
what is a bench trial
trial held w no jury just in front of judge
what is section of the jury called
voir dire
how are jurors selected
tax records, vehicle registrations
does jury selection have to be random
yes
why would someone get eliminated from the jury
if they may be biased
how many people in jury for a misdemeanor case
6
how many jurors for a felony case
12
what must the verdict be in a criminal trial
unamious
do both the prosecutor and the defense make an opening statement?
yes
when the prosecutor starts to present what is it called?
prosecutors case in chief
can the defense present again after the case in chief
yes
do both sides give a closing argument?
yes
what is it called when the jury can’t reach a decision
hung jury
after a hung jury, who is up to whether they retry the case or not?
the prosecutor
what is a mistrial?
something so significant has happened in the trial that it can’t be fixed
ex: Someone gets on the stand and says “they have been convicted of this before” makes the jury biased
what is evidentiary harpoon?
evidence that is presented to try to bias the jurors
what is motion for a directed verdict?
“the prosecutor has not proven beyond a reasonable doubt”
what is motion to strike
when something has happened or somebody has said something, they tell the jury to forget that was ever said.
can the jury have laptops, iPads, cellphones
no
can the jurors go home and discuss the trial
no
will you usually end up with jury trials or pleas
pleas
what are the options for a verdict
guilty or not guilty
can the prosecutor comment on whether or not the defendant will be testifying
no
once the jurors are sworn in, what attaches?
double jeopardy - if the prosecutor wants to cancel the trial, they can but it can never be tried again
what are two examples of defense?
self- defense and alibi
what is self-defense
yes i hit them, but they hit me first
what is an alibi
i didn’t do it and here’s why
do defenses have to be plead in advance
yes
are sanity and insanity legal terms
yes
in insanity, what can’t the defendant differentiate between?
right and wrong
what is an executed sentence
the defendant will do the full length of time that they were sentenced
what are mitigators?
things that make the sentence less. ex: age of defendant, lack of criminal history, education background
what are aggravators
things that make the sentence more. ex: do they have violent offenses, failed probation, etc.
can defendants appeal after sentencing?
yes
can defendants appeal if it is a set sentence?
no
how long are courts required to keep evidence for?
20-50years
what specialty courts does monroe county have?
drug courts, mental health courts, veteran courts, and reentry courts
what is drug treatment court for?
people who are addicted to drugs, alcohol, and/or other substance. crime committed has to do with addiction
are specialty courts voluntary to the defendant?
yes
what are the three main parts of specialty courts?
show up, work hard, and be honest
how much of crime is directly related to drugs and alcohol?
85%
what is pretrial release?
the release of an individual pending trial
is the fruit of poisonous tree admissible?
no
if the prosecutor cannot reach their burden of proof, what will the defendant be found?
not guilty
when can a prosecutor dismiss a case?
at anytime
will a search warrant go stale
yes
are the death penalty and life without parole enhancements
yes
is suspended time probation?
yes
are not guilty by reason of insanity and guilty by mentally ill are 2 different things
yes
35
true
43
true
2
true
50
true
18
true
13
false
15
true
