Part 1 Flashcards
1
Q
What are the 3 parts of a pre-trial?
A
- Plea bargaining (A deal is made from defendant to plead guilty and order to get less time)
- Discovery-evidence; pictures, police report
- Motions – Motion to dismiss: is when there is not enough evidence against defendant;
Motion to suppress: is when prosecutor does not give defendant the evidence to see
2
Q
What are the steps in the “case in chief?”
A
- ]Direct examination (witness is called to stand to testify) - only open ended questions allowed here
- yes or no questions are not allowed
- lawyer is not limited on questions asked - ] cross examination
- asks yes or no questions
- uses leading questions in order to suggest an answer - ] re-direct
- cross examination subjects clarified - ] re-cross
- if new evidence appears during redirect then a cross examination occurs again
3
Q
What are the 5 steps in arraignment?
A
- Officially notified of charges against you
- Court date given when to return
- Attorney is appointed to you
- A plea is entered
- Released on bond/bail/personal recognizance
6th amendment gives right to attorney when accused of crime
6th amendment right to a speedy trial
4
Q
What is the basis of any appeal?
A
The basis of any appeal is because there has been A violation of due process At a criminal trial