FL Crim Pro Flashcards
Which of the following is a correct statement?
Answers:
A) Florida County Courts have jurisdiction over all misdemeanors.
B) Florida Circuit Courts have jurisdiction over all juvenile criminal matters except misdemeanor traffic offenses.
C) Florida Circuit Courts have jurisdiction over all criminal appeals from cases decided in the County Court.
D) Florida District Courts of Appeal have jurisdiction over all criminal appeals from both the County Courts and the Circuit Courts
B) Florida Circuit Courts have jurisdiction over all juvenile criminal matters except misdemeanor traffic offenses.
Multiple offenses may be charged in the SAME indictment or information (i.e., are related) if:
“To Sever, the offenses must not go together, If Separate Acts, Can’t try Jill with Jack”
– the offenses are triable in the same court
AND
– the charges are based on the same act or transaction, OR on 2+ connected acts or transactions
*If either condition is NOT met, the offenses were IMPROPERLY charged in the same document
*the defendant may file a timely motion to sever the offenses
The defendant is arrested and charged by information with three counts of felony. Each count arose out of separate acts. At the arraignment, the defendant’s attorney makes a motion to sever trial of the offenses charged. Will the attorney’s motion be granted?
Answers:
A) No, unless the state’s attorney joins in the motion.
B) Yes, because the offenses were improperly charged in the same information.
C) Yes, only if the defendant can establish that he will be prejudiced.
D) No, unless the defendant can establish “substantial prejudice” in the joinder of the different offenses.
B) Yes, because the offenses were improperly charged in the same information.
The charges are NOT based on the SAME ACT
“To Sever, the offenses must not go together, If Separate Acts, Can’t try Jill with Jack”
– the offenses are triable in the same court
AND
– the charges are based on the same act or transaction, OR on 2+ connected acts or transactions
*If either condition is NOT met, the offenses were IMPROPERLY charged in the same document
*the defendant may file a timely motion to sever the offenses
A criminal defendant charged with the murder of her husband was found not guilty by reason of insanity. Which of the following actions may the court take with regard to the defendant?
I. Order that the defendant be committed to an accredited private mental health facility.
II. Order that the defendant submit to outpatient treatment.
III. Discharge the defendant.
Answers:
A) I only.
B) I and II only.
C) II and III only.
D) I, II, and III
C) II and III only
In Florida, if a verdict of not guilty by reason of insanity is returned by the judge or jury, the court may:
- commit the defendant to DCF
- order OUTPATIENT Treatment
OR - DISCHARGE the Defendant
If the defendant does not elect to participate in discovery (i.e. does not serve a “Notice of Discovery” on the Prosecution, he/she
is NOT required to provide a witness list
If the defendant serves a notice of discovery (i.e., elects to participate in discovery), he/she must
provide to the prosecutor a WRITTEN LIST of the NAMES and ADDRESSES of all trial witnesses
In Florida, a court may order a criminal defendant to provide a handwriting sample as part of discovery.
If a defendant fails to comply with a court order to provide evidence in discovery, then the court may, among other possible sanctions,
PROHIBIT the defendant from introducing the evidence THAT WAS NOT DISCLOSED (e.g., evidence of the defendant’s handwriting)
If a party challenges a prospective juror for cause, will the court automatically dismiss the juror/must the court automatically dismiss the juror?
No. The court will determine the validity of the challenge before discharging the juror.
The court may hear from the challenged juror and any other witnesses under oath and may also consider any other material evidence.
In FL, the court must provide a criminal jury with _____________ to take into the jury room during deliberations
The court may also allow jurors to take the following items into the jury room:
MUST – a written copy of the jury instructions;
MAY –
* a copy of the charges
* the verdict forms
* all things received in evidence other than depositions
and
* copies of public records or private documents when the court determines that the original, which was introduced into evidence, should not be taken from the custodian
Which items, if any, must be excluded from the jury room during deliberations?
Answers:
A) Copies of the complete instructions given by the judge.
B) Physical objects introduced into evidence.
C) The charging document.
D) None of the above.
D) None of the above.
The court generally MUST grant a new trial if any of the following is established:
- the jurors decided the verdict BY LOT
- the verdict is CONTRARY TO THE LAW or WEIGHT of the evidence
OR - NEW and MATERIAL evidenced found that defendant could not have discovered with reasonable diligence and if introduced at trial, WOULD HAVE CHANGED THE VERDICT/FINDING
In determining the sentence of a criminal defendant who has been convicted of a non-capital crime under the “Criminal Punishment Code” scoresheet, which of the following is not considered?
Answers:
A) The defendant’s criminal history.
B) The defendant’s legal status.
C) The defendant’s economic status.
D) The victim’s injury.
C) The defendant’s economic status.
Pursuant to Florida law, what set of circumstances would allow a court to grant a defendant’s motion for post-conviction DNA testing in a felony case?
Answers:
A) Newly discovered evidence that tends to exculpate the defendant.
B) Newly discovered evidence, and that the defendant did not plead guilty in the original trial.
C) Newly discovered exculpatory evidence, if identification was disputed in the original trial.
D) Newly discovered evidence, and a reasonable probability that the evidence will exculpate the defendant.
C) Newly discovered exculpatory evidence, if identification was disputed in the original trial.
For the motion to be granted, the defendant must:
- explain HOW the DNA testing will EXONERATE Him or MITIGATE sentencing (i.e., will exculpate the defendant)
AND
- show that IDENTIFICATION was a DISPUTED ISSUE in the OLD CASE
Pursuant to Florida law, for a defendant’s motion for post-conviction DNA testing in a felony case to be granted, the defendant must:
- explain HOW the DNA testing will EXONERATE Him or MITIGATE sentencing (i.e., will exculpate the defendant)
AND
- show that IDENTIFICATION was a DISPUTED ISSUE in the OLD CASE
The State may charge defendants together in the same information or indictment if the offenses are: ____________________________
But a court must grant a motion to sever a codefendant’s trial and order separate trials before trial if ______________
(1) triable in the same court
AND
(2) based on the same act or transaction or on two or more connected acts or transactions
BUT Court MUST grant MOTION TO SEVER codefendant’s trial + order separate trials before trial IF
– it is NECESSARY to protect the defendant’s RIGHT TO SPEEDY TRIAL or TO PROMOTE A FAIR GUILT/INNOCENCE DETERMINATION
