FL Crim Pro Flashcards

Question

DISCOVERY: NOTICE OF ALIBI

Answer 1

An alibi alleges that the defendant could not have been responsible, because she was somewhere else at the time If the defendant raises an alibi defense, the prosecutor can demand notice The defendant must then answer with details about the alibi, at least 10 days prior to trial (or at another time directed by the court) The answer must state: - Where the defendant was at the time of the crime, and - The names and addresses of any witnesses he may offer to prove the alibi. The state then has 5 days in which to notify the defense of its rebuttal witnesses and their addresses If the state did not have proper notice of an alibi witness, the court can prevent the witness from testifying. These duties are continuing duties until the time of trial

Answer 2

Defendants are not permitted to be present at depositions, unless the parties stipulate or for good cause Upon stipulation and consent of the witness, statements may be taken by a recorded telephone conversation instead of deposition, and in such cases, the witness need not be under oath Depositions may be used for impeachment at trial

Answer 3

Capital cases have 12 jurors All other criminal cases have 6 jurors

Answer 4

Cause: Each side has the right to disqualify any potential juror for cause. Examples: legal or factual incompetence, relationship to the case, prejudice, etc. Both sides have unlimited challenges for cause Peremptory: Each side also has the right to disqualify a certain number of potential jurors, without giving a reason. Example: “He looks like he wasn’t paying attention.” Peremptory challenges cannot be used on the basis of race, sex, or any classification subject to strict scrutiny

Answer 5

Capital cases: each side has 10 Felonies: each side has 6 Misdemeanours: each side has 3 Same number of challenges on each side of the v.

Answer 6

The court may permit the selection of one or more alternate jurors. All alternates are discharged before the jury deliberates (unless they replace a juror who cannot continue). In capital cases, alternate jurors are excused at the end of trial, with instructions to remain seated in the courtroom momentarily while the jury retires for deliberation. After the jury is out of the courtroom, the alternates are given additional instructions that they may have to return for another hearing should the defendant be convicted of a capital offense. The alternates are then excused

Answer 7

This means a judge acts as the fact-finder If defendant wants to waive, they must do so in writing and the state must consent Waiver of complete jury, i.e., jury deliberates with less than the full amount of jurors

Answer 8

Invoking the rule Witnesses not allowed in the courtroom to hear the testimony of other witnesses Exception. Witnesses who can stay are The victim, The victim’s next of kin, or The parent, guardian, or lawful representative of a minor child victim. However, if the state makes a motion and the court determines that their presence is prejudicial, the court can exclude the victim, parents, etc.

Answer 9

The jury may be taken to a location to view a scene that is relevant to the crime. The judge and the defendant must be present at the viewing (unless the defendant is excused by the court). The attorneys may be present, but are not required

Answer 10

The trial judge must instruct the jury on the law of the case. Instructions may be given before or after closing arguments. The judge can also provide appropriate instructions during the trial. The court must also provide the jury a written copy of the instructions to take to the jury room during deliberation

Answer 11

The court must provide the jury a written copy of the jury instructions to take to the jury room during deliberation. The judge may also permit the jurors to take the following materials into the jury room: A copy of the formal charging instrument(s); Any materials in evidence (except depositions); Juror notebooks; and Verdict forms approved by the court. No new evidence: Once the jury retires to deliberate, they cannot be called back to hear additional evidence. However, jurors can request to rehear evidence that has already been given

Answer 12

Unanimity: All jury verdicts must be unanimous. No judicial comment: The court cannot praise or criticize the verdict, but may thank the jurors generally for their service. Multiple defendants: If there are multiple defendants, the verdict must indicate how it applies to each individual. Jurors may convict or acquit one defendant, while remaining hung as to any other

Answer 13

Polling the jury: Either side (or the judge) may ask the jurors to individually confirm that they agree with the verdict. If there is dissent, the jury is sent back for further deliberation. Polling must take place before the verdict is recorded or the jury has been discharged Interviewing the jury: Either party may move to interview any number of jurors after the trial, if he has reason to believe the verdict may be subject to challenge. The party must make the motion within 10 days after the verdict (unless extended for good cause)

Answer 14

In some circumstances, the court is required to obtain a report about the defendant’s life circumstances, before imposing a jail sentence: A defendant charged with their first felony; or A defendant who committed a crime as a minor. If the defendant fits either of those categories and the judge has discretion to impose a jail sentence, we must have a PSI. If jail will not be imposed (e.g., the sentence will be probation), then no PSI is required

Answer 15

Motion for judgment of acquittal is the equivalent of a civil motion for a directed verdict. The judge takes the case away from the jury, because no reasonable jury could return a verdict in favor of the prosecution. During trial: This motion must be made at the close of the state’s case. Post-trial: The defense can also make the motion after a guilty verdict or mistrial

Answer 16

The trial court must grant a new trial if any of the following occur: The jurors decided the case by lot (i.e., at random); The verdict is contrary to law or weight of the evidence; or Newly discovered evidence came to light that would probably change the outcome, and the defendant, with reasonable diligence, could not have discovered and produced the evidence for trial

Answer 17

Retrial if the following events prejudiced the defendant's substantial rights - The defendant was involuntary absent when his presence was required under the rules; - The jury received evidence out of court; - The jurors separated without permission; - A juror is guilty of misconduct; - The prosecutor is guilty of misconduct; - The judge ruled incorrectly on the law during the trial; - The judge gave the jury the wrong instructions; OR - The defendant did not receive a fair trial, for any reason beyond his control