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Legal Skills > Legal Skills > Flashcards

Legal Skills Flashcards

1
Q

What is the name of the place where everyone meets to talk about a legal case?

A

Court or Courtroom

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2
Q

What is the more serious class of crime?
What are its categories?

A

Felony
Class A -20 years in prison
Class B -10 years in prison
Class C -5 years in prison

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3
Q

Who represents a person who is accused of committing a crime and protects their rights?

A

Defense Attorney, Public Defender, or Defense Counsel are all terms used to describe this person.

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4
Q

Who is the attorney who is paid to prosecute the defendant (prove they are guilty)?

A

District Attorney or Prosecutor (DA is also a term used for this person)

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5
Q

Who is the person who sent you to this program?

A

The Judge

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6
Q

What is a plea bargain?

A

A deal between yourself and the DA, with guidance from your attorney; the deal says if you enter a guilty-type plea, you will be offered lowered charges, reduced number of charges and/or a recommendation for a lesser sentence to the judge.

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7
Q

What does PSRB stand for?

A

Psychiatric Security Review Board

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8
Q

What is the plea of guilty?

A

The defendant admits that they committed the crime. Saying “I did the crime.”

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9
Q

What is a trial?

A

A legal process to decide if the defendant is guilty or not guilty based on the evidence.
An occasion when the jury and/or the judge decides if the evidence shows the defendant committed the crime or not.

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10
Q

What is the plea of no contest?

A

The defendant does not admit guilt, but chooses not to fight against the charge (accusation).

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11
Q

What is the plea of not guilty?

A

The defendant is saying they did not commit the crime they are accused of. Saying, “I did NOT do it.”

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12
Q

What is the plea of not guilty?

A

The defendant is saying that they did the crime, but their mental illness was a significant factor in committing the act.

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13
Q

Should the defendant ever talk to the District Attorney without advice from their own attorney?

A

No

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14
Q

Can you go back to court without a letter from the evaluator telling the Judge you are ready?

A

No

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15
Q

Who is the boss and/or referee of the court room?

A

The Judge

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16
Q

What other names is the Judge called?

A

“Your Honor” or “The Honorable” Unless told otherwise, it is expected that anyone talking to the Judge use the phrase, “Your Honor.”

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17
Q

In court, is the defendant considered innocent until proven guilty?

A

Yes

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18
Q

If the defendant disagrees with something in court, should they stand up and loudly say it?

A

No
Such interruptions could be considered contempt of court.

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19
Q

Is this program or staff responsible for helping prove your innocence?

A

No
This program and its staff are neutral parties. It is used for evaluation and treatment.

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20
Q

Can you go back to court with mental illness symptoms?

A

Yes
As long as they do not interfere with your ability to work with your attorney to get the best outcome possible in court.

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21
Q

During the forensic interview/evaluation, will you be expected to know your charges?

A

Yes
The charge (accusation) is public record. Your side of what happened is not – it is privileged information for your attorney only.

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22
Q

Is your personal hygiene, dress, and appearance important in the forensic interview/evaluation and in court?

A

Yes

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23
Q

What does .370 mean?

A

It is a reference to a law (ORS 161.370) which allows a judge to send you to OSH or to the community for evaluation and treatment.
The Judge decided that you were unable to understand your legal situation, work with your attorney, or participate in your legal defense.

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24
Q

Who is the defendant?

A

You are.
“Me”
The defendant is also called “The Accused.”

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25
Q

What are charges?

A

The name of the crimes the defendant is accused of committing.
Charges are accusations of breaking the law.

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26
Q

What rights does the defendant give up if they accept a plea bargain?

A

Right to remain silent (a guilty plea)
Right to a trial, including:
* Right to an appeal
* Right to confront accusers
* Right to call witnesses in their favor

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27
Q

What is a plea?

A

A formal response to charges that you decide. Options are:
* Guilty
* Not guilty, and
* No contest

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28
Q

What is the less serious class of crime? What are its categories?

A

Misdemeanor
Class A -1year in jail
Class B -6 months in jail
Class C -30 days in jail

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29
Q

What are the two types of trial?

A

Jury trial or bench trial

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30
Q

What is a jury trial?

A

6 or 12 people from the community listen to both attorneys, any witnesses, and look at the evidence. The jury then decides if the defendant is guilty or not guilty. If they find the defendant to be guilty, then the judge decides the sentence.

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31
Q

What is a bench trial?

A

The Judge listens to both attorneys, any witnesses, and looks at the evidence. The Judge decides if the defendant is guilty or not guilty. If the Judge decides the defendant is guilty, they will also decide the sentence.

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32
Q

What is a witness?

A

A person who has information related to a crime, swears to tell the truth, and testifies by answering questions in court.

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33
Q

What is evidence?

A

Something presented to the court that makes a point about the defendant being guilty or not guilty.

34
Q

What is a sentence?

A

A punishment ordered by the Judge.

35
Q

What happens if you use a guilty except for insanity (GEI) defense?

A
36
Q

Will I get time served at this program? Will my time in jail count as time served?

A

This is an important legal matter that you should discuss with your attorney.

37
Q

What is the forensic interview (the “Evaluation”)?

A

This is an important interview with a psychologist or psychiatrist. The purpose is to determine if you are able to cooperate with an attorney, understand your legal situation, and participate in your defense.

38
Q

What is a conditional release?

A

If someone is found to be guilty except for insanity they could be allowed to leave Oregon State Hospital (OSH) early if they follow the rules of the PSRB.

39
Q

What are some questions you might ask your attorney?

A
  • What evidence is there against me?
  • What plea bargain is available?
40
Q

What is a hearing?

A

Any proceeding before a Judge in which evidence or arguments are presented to determine some legal issues.

41
Q

What is an expert witness?

A

A person who is accepted by The Judge as an expert about a particular subject. They can give an opinion about parts of the case

42
Q

What is the maximum possible length of sentence for a Felony A?

A

20 Years

43
Q

What is the maximum possible length of sentence for a Felony B?

A

10 Years

44
Q

What is the maximum possible length of sentence for a Felony C?

A

5 Years

45
Q

What is the maximum possible length of sentence for a Misdemeanor A?

A

1 Year

46
Q

What is the maximum possible length of sentence for a Misdemeanor B?

A

6 Months

47
Q

What is the maximum possible length of sentence for a Misdemeanor C?

A

30 Days

48
Q

What is the maximum length of time for your charge(s)?

A
49
Q

What is a fine?

A

An amount of money the defendant has to pay to the court.

50
Q

What are the classification(s) of your charge(s)?

A
51
Q

What are your charge(s)?

A
52
Q

What is probation?

A

A punishment, in which an offender is supervised in the community instead of incarceration. The defendant is required to follow the rules given by the court and must stay out of trouble.

53
Q

What is a suspended sentence?

A

The Judge has given you a sentence but that you don’t have to serve the time if you stay out of trouble for a specified period of time.

54
Q

What is the name of your attorney?

A
55
Q

How do you get along with your attorney?

A
56
Q

When was the last time you communicated with your attorney?
What are some ways you could communicate with your attorney?

A
  • On the phone, leaving a voice message
  • Write them a letter with questions
  • In person, maybe at the forensic interview/evaluation
57
Q

What could you do if a witness lies about you in court?

A
  • Remain calm
  • Slip a note to your attorney
  • Gently tap on your attorney’s arm and whisper when they respond to you
    Remember: Outbursts could be considered contempt of court.
58
Q

What could happen if someone speaks or moves around in court without permission?

A

They could be held in contempt of court. This could lead to fines, time in jail, or other penalties.

59
Q

What has happened in your case so far?
What is happening now?

A
60
Q

What type of job do you think your attorney is doing for you?

A
61
Q

Do you feel your attorney listens to you?

A
62
Q

How are you expected to behave in court?

A
  • Remain calm
  • Listen to your attorney’s advice
  • Listen to the Judge
63
Q

Is it necessary to have a jury in every case?

A

No
In fact, most cases are resolved through plea bargaining (no trial). The defendant could also choose to have a trial by the Judge (bench trial)

64
Q

Who decides whether to have a jury trial or bench trial?

A

The defendant with advice from their attorney.

65
Q

Can the defendant be forced to testify at their own trial?

A

No
The 5th amendment to the constitution gives you the right to remain silent.

66
Q

What happens if the defendant pleads guilty or no contest?

A

Sentencing.
The Judge decides the punishment.

67
Q

What is a testimony?

A

A sworn statement under oath given by a witness in order to provide factual evidence to the court.

68
Q

What is an appeal?

A

A request for review of a trial court’s decision. If you have been found guilty in trial, you can request to have a higher court review your case based on an argument that the trial court made a legal error (if you feel that the law was not followed correctly).

69
Q

What does acquittal mean?

A

Found not guilty in a trial process.

70
Q

What is confidentiality?

A

Certain information that cannot be shared with other people; the only person you have confidentiality with is your attorney.

71
Q

What is a concurrent sentence?

A

Sentences for more that one crime that the defendant services at the same time.

72
Q

What is a consecutive sentence?

A

Sentences for more than one crime that the defendant must serve one after another.

73
Q

What does conviction mean?

A

A finding of guilty following a trial or plea bargain.
The defendant was found to be guilty.

74
Q

What does contempt of court mean?

A

Behavior in court or outside of court that disrupts or delays the court process or violates a court order. This crime is punishable by time in jail or fines.

75
Q

What is the outcome of a not guilty plea?

A
76
Q

What is a verdict?

A

The outcome of a trial; the decision by the jury or Judge whether the defendant is guilty, not guilty, or GEI.

77
Q

Can the defendant’s refusal to testify be held against them?

A

No

78
Q

What are some types of sentences?

A
  • Fine
  • Probation
  • Jail
  • Prison
  • Community Service
  • Treatment
79
Q
A
80
Q
A

Legal Skills (1 decks)

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