Short answers Final

Question 1

Define Hearsay:

Answer 1

out of court statement offered in court to prove the truth of the matter asserted

Question 2

List 4 exceptions to the hearsay rule:

Answer 2

public records

Confessions

Child Abuse Outcry

Business Records

Question 3

List 3 different kinds of plea bargains

Answer 3

Charge bargaining (lesser charge),

Count bargaining (plead to one, dismiss others),

Sentence bargaining (something less than the maximum sentence).

Question 4

What is an Alford plea?

Answer 4

A Defendant who denies guilt, but takes the plea deal anyway. (judge must find strong evidence)

Question 5

What are the 2 parts of burden of proof?

Answer 5

Burden of production and
Burden of persuasion

Question 6

List 4 different types of evidence

Answer 6

Testimonial

Real or physical

Scientific

Demonstrative

Question 7

What are the 2 main goals of jury selection/voir dire?

Answer 7

To 1) educate the venire and 2) be educated BY the venire

Question 8

In Texas, how many jurors are required in misdemeanors/felonies?

Answer 8

Misd. = 6
Felony = 12

Question 9

What are the 2 types of challenges involved in jury selection/voir dire?

Answer 9

Consists of 1) Peremptory strikes and 2) Challenges for Cause

Question 10

Explain the CSI effect

Answer 10

Exaggerated portrayal of forensic evidence in court

Question 11

What is an Allen or dynamite charge?

Answer 11

When a jury become deadlocked, judge tells jury that it would be best if they could make a decision, as no other court will have any more luck than they do.

Question 12

What are the 2 competing constitutional protections involved in pre-trial publicity?

Answer 12

1st amendment and 6th amendment

Question 13

What are the 3 options a judge has for dealing with pre-trial publicity problems?

Answer 13

Change of venue,
Gag order,
And sequestering jury

Question 14

List 3 of the 5 sentencing theories and explain what they mean

Answer 14

Retribution,
Rehabilitation,
Incapacitation,
Restorative,
Deterrence

Question 15

List 3 intermediate sanctions available during sentencing

Answer 15

Community service,
Boot camp (shock probation)
Gps monitoring (ankle monitor)

Question 16

What is the name and year of the US Supreme Court case that held that the way the death penalty was being carried out was cruel and unusual punishment?

(hint: fur vs g)

Answer 16

Furman v. Georgia (1972)

Question 17

What is the name and year of the US Supreme Court case that held that the death penalty was not always cruel and unusual punishment?

hint: (greg v g)

Answer 17

Gregg vs georgia (1976)

Question 18

What is the minimum age in which the death penalty can be given? (time of offense)

Answer 18

18

Question 19

Explain what the contemporaneous objection rule is

Answer 19

during trials, attorneys must make timely objections to judge’s rulings on points of law, or the objection will be deemed waived

Question 20

What is the difference between harmful and harmless error?

Answer 20

Harmful error: may require reversal of case, hurts case integrity

Harmless error: doesnt legitimately effect case

Question 21

How many appeals is a typical defendant entitled to?

Answer 21

1