Study Guide Flashcards
Arraignment process
Charges read, plea, bail is set/ or no bail.
Prosecutorial discretion
The prosecution decides how to proceed with a case(charges, drop case or go to trial etc).
Objections
Relevance- question calls for info not relevant to case/charges.
Leading question- question leads or helps witness to answer.
Burden of proof
(Prosecution)
Must prove guilt beyond a reasonable doubt.
Due process of law
Person is innocent until proven guilty in a fair trial.
Appeals process
(Defense) asks higher court because first one wasn’t fair or there is new evidence.
5th amendment
Protection from self-incrimination.
6th amendment
Right to know charges against you, right to a defense lawyer if charged with a crime,right to cross-examine witnesses testifying against you, right to public and speedy trial, right to trial by jury, right to force witnesses to testify.
Double jeopardy
If acquitted of a crime, a person maybe not be tried again for the same crime.
Vior dire process
Jury selection process. - Judge, pros,def, jurors.
Ways to excuse a juror
Challenge for cause, preemptory.
Pleas
Guilty, not guilty, no contest.
Probation
Suspended sentence, avoid going to jail.
Parole
Early release from prison or jail.
Felony
Year or more
Misdemeanor
Year or less.
Criminal court system
State- state superior court.
Federal- U.S district court.
4th amendment & exceptions
Protection from unreasonable search& seizure as defined by the Supreme Court.
Exceptions- if a person does not have an “expectation of privacy,” police do not need a warrant.
Ex: gun in car on seat in plain view.
7th amendment
Gives you the right to sue someone if you believe they caused you over 20$ in damage to you or your property.
Ways to settle a lawsuit
Negotiation- two sides are going to work out a compromise.
Mediation- a 3rd party(retired judge) recommends a settlement.
Arbitration- same as mediation, except the two sides agree in advance to accept the arbitrators ruling.
