Monday 09/23

Question 1

bench trial

Answer 1

only you and judge
defense can pick btwn bench or jury trial

Question 2

1. Jury selection

Answer 2

• defense and prosecution interview all jury members
• must live in county or jurisdiction
• medical or phys condition (can’t sit)

Question 3

Voir Dire

Answer 3

When prosecutor and defense interview jury, looking for a specific type of person

Question 4

challenge for cause

Answer 4

knows something about the case, more than the info that is presented in court, or previous beliefs (including racism, etc.)
could also be if vactation is sche
- can’t be impartial

Question 5

What are the two ways to dismiss a juror?

Answer 5

• Challenge for cause
• Peremptory challenge

Question 6

Peremptory challange

Answer 6

Dislike the juror for superficial or intuitive reasons - not based on actual merit and doesnt need a reason, unless it is targeted in a patter such as a batson challange

Question 7

Batson challange

Answer 7

Filed when lawyer is trying to get rid of a demographic from a jury
ex: all women, or all hispanics or if there is only one of a minority on the jury.

Question 8

Which has more jurors, criminal or civil trial?

Answer 8

criminal, number depends on ea state

Question 9

Double Jeopardy

Answer 9

Cant be tried again for same crime

Question 10

2. Opening Statement, what is it and who goes first

Answer 10

• What the case is about
• No assumptions
• prosecutor first
• defense can go right after or after the state rests

Question 11

What can not be said in opening statements

Answer 11

• can’t talk about previous crimes
• can’t talk about plea deals
• evidence that has been surpressed
• personal belief statements

Question 12

3. Presentation of evidence

Answer 12

• oral testimony
• ## demonstrative evidence (graphs, maps, pictures, etc)

Question 13

4. What 3 things prosecutors must complete before they rest

Answer 13

Defendant has to be identified as the person who committed the crime

The court has jurisdiction over the case

Met all elements of a crime

Question 14

5. Directed verdict

Answer 14

the state did not present enough evidence to justify the case

the prosecutor has to go through their points

Question 15

What needs to be asked of the defendant?

Answer 15

Whether they are willing to testify on record

Question 16

6. Jury Instruction

Answer 16

• pattern instruction: this crime = these instructions

Question 17

prosecutorial error

Answer 17

• prosecutor says something improper or incorrect

Question 18

7. Closing Argument

Answer 18

• jury instructions are read by judge
• prosecutor goes first and last where they can make argument or inferences
• defense goes once
• they get equal amounts of time

Question 19

Mistrial