Final Flashcards
type of case
criminal case
tried in which court
superior court
charges
first degree murder PC § 187
penal code § 187
the unlawful killing of another human being with malice aforethought
who do the prosecution represent
people of the state of california
what burden does the prosecution have
burden of proving guilt beyond a reasonable doubt
who is the presider
the judge
what does the pretrial motion do?
motion to quash evidence
which amendment did the search warrant violate?
fourth amendment (protects citizens against unreasonable searches/seizures)
smc stands for what?
sunshine medical components
smc founder?
fred sunshine
who inherited smc?
kieran sunshine
what was the foreverflex?
artificial joint replacement
detective perren responded to what call?
911 call for homicide
evidence found
fibers, fingerprints, saber, body
search warrant for the home siezed what?
red and blue silk scarf
duties of bailiff
swear in witnesses, control courtroom, protect judge
new ceo?
emari sunshine
defendant college injury
torn right rotator cuff in college lacrosse game
bells hotel purpose
IPO announcement at board meeting
PC § 188
Malice defined: Such malice may be express or implied. It is express when there is manifested a deliberate intention unlawfully to take away the life of a fellow creature. It is implied, when no considerable provocation appears, or when the circumstances attending the killing show an abandoned and malignant heart.
PC § 189
Degrees of murder: All murder which is perpetrated by means of a destructive device or explosive, a weapon of mass destruction, knowing use of ammunition designed primarily to penetrate metal or amor, poison, lying in wait, torture, or by any other kind of willful, deliberate and premeditated killing … is murder of the first degree.
CALCRIM 223
Direct and Circumstantial Evidence: Circumstantial evidence does not directly prove the fact to be decided but is evidence of another fact or group of facts from which you may logically and reasonably conclude the truth of the fact in question.
CALCRIM 224
Circumstantial Evidence: Sufficiency of Evidence: before you may rely on circumstantial evidence to find the defendant guilty, you must be convinced that the only reasonable conclusion supported by the circumstantial evidence is that the defendant is guilty
relevance
Evidence is relevant if it has any tendency to make a fact that is important to the case more or less probable than the fact would be without the evidence.
hearsay
an out-of-court statement being offered for the truth of the matter asserted made by a declarant who is not currently under oath
compound
A compound question joins two alternatives with “and” or “or,” preventing the interrogation of a witness from being as rapid, distinct, or effective for finding the truth as is reasonably possible.
narrative
A narrative question is too general and calls for the witness to give a broad and unspecific response
leading
A leading question is a question that suggests the desired response
