Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Crim Pro > Trial > Flashcards

Trial Flashcards

1
Q

When can a defendant request a speedy trial?

A

60 days after formal charges are filed.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

When must a speedy trial start when requested?

A

50 days from the date demanded.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Is the speedy trial timeline the same regardless of whether the case if a mis/fel/or retrail?

A

Yes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

When should D be ready for trial if it makes a motion for a speedy trial?

A

5 Days

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What are defendant’s options if the state does not bring a speedy trial in 50 days?

A

The defendant can file a notice of expiration for a speed time trial.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

If Def files a notice of expiration for failure of prosecution to bring speedy trial, when must the court hold a hearing?

A

5 days

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

If the court after holding a hearing for the expiration of speedy trial timeline determines the case should go forward, when must the prosecution start the case?

A

10 days

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What occurs if the prosecution does not start speedy trial after hearing and order from court?

A

The defendant will be discharged forever

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Are there any grounds under which the prosecution should obtain more than 10 days to bring trial after a hearing and determination regarding failure to bring speedy trial?

A

Yes if

1) Valid extension granted
2) Delay due to Def
3) Counsel or accused are not available at the required proceeding
4) Demand for speedy trial is invalid

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What is the time frame within which a trial must start for a misdemeanor?

A

90 days of arrest/custody

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What is the time frame within which a trial must start for a felony?

A

175 days of arrest/custody

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What is the time frame within which a trial must start for a retrail?

A

90 days of mistrial

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Can a victim of a crime request a speedy trial?

A

Yes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Under what conditions can a victim of a crime request a speedy trial?

A

1) State completed discovery
2) 3 continuances have been granted
3) Felony case has not been resolved within 125 days of charges filed.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

If a victim requests a speedy trial, when must the court hold a hearing?

A

Within 5 days

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

If a court grants the victim’s request for speed trial, when must the trial begin?

A

Within 5-45 days

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

When must defendant give notice of alibi?

A

Prosecutor makes a demand for it and it must be filed 10 days prior to trial or when the court directs.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

What is required after prosecution receives D’s alibi?

A

Prosecution must within 5 days of receipt of information provide information on its witnesses.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

What is required in order for a defendant to use the insanity defense?

A

Must give notice 15 days after arraignment or filing of written guilty plea.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

What is required in order for defendant to use battered spouse defense?

A

Notice must be given 30 days prior to trial that the defense will be raised.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

When can a hearing be held about D’s competency?

A

Anytime prior to sentencing

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

When can charges be dropped without prejudice with respect to incompetency?

A

If it last for 5 years

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

Can a court order an expert to examine the defendant in a competency hearing?

A

Yes up to 3 experts

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

When must P produce discovery?

A

15 days after D’s demand

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

When must D provide a list of witnesses?

A

15 days after receipt of P’s list

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

When must D inform P of an alibi?

A

10 days before trial upon request from P

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

When must D give discovery notice?

A

After charges have been filed.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

How many jurors for non capital cases?

A

6 jurors

29
Q

How many jurors in capital cases?

A

12 jurors

30
Q

How many for cause challenged are granted?

A

Unlimited

31
Q

How many peremptory challenges for capital offenses.?

A

10

32
Q

How many peremptory challenges for felonies?

A

6

33
Q

How many peremptory challenges for mis?

A

3

34
Q

When must polling of jurors be done?

A

Before verdict is recorded and jury is discharged.

35
Q

What is the trial order?

A

1) Jury sworn in
2) Opening Statement - prosecution starts (D can go after or wait til its case)
3) Presentation of state’s case
4) Presentation of D’s case
5) State’s rebuttal
6) Charge conference
7) Closing arguments
(a) Pros
(b) Def
(c) Pros rebuttal

36
Q

What must the state prove?

A

Prima facie case with all elements of the crimes.

37
Q

What is state does not establish its prima facie case?

A

D can file motion for judgment of acquittal.

38
Q

What is the standard for motion for judgment of acquittal?

A

Evidence most favorable to P shows that a reasonable jury could not find for P.

39
Q

What are defendant’s options in response to P’s case?

A

1) Silence
2) Negate Elements
3) Provide defense

40
Q

When can renewal for Motion for Judgment of Acquittal be made?

A

After the end of the evidence. must be within 10 days of Defendant being found guilty

41
Q

What is the purpose of a charge conference?

A

To discuss jury instructions

42
Q

What is the rule to join offenses in one document?

A

Must be from the same T/O

43
Q

What is the rule to join 2 or more defendant in one document?

A

Each is charged with each count
or
If not, there must be a common count of conspiracy that crimes are part of a plan or scheme.

44
Q

What must the court do if defendants are jointly rep?

A

Must advise that they can get seperate counsel

45
Q

What are the grounds for consolidation of offenses?

A

If they could have been joined, can consolidate.

Requires a motion.

Defendant can move for this before trial.

46
Q

When must motion for new trial be filed?

A

10 days after D found guilty

47
Q

When must arrest of judgment motion to dismiss be filed?

A

10 days after D found guilty

48
Q

Deadline for interviewing jurors?

A

10 days after verdict

49
Q

Correction or reduction of sentence?

A

By expiration of appeal period - if no response in 60 days denied

50
Q

Motion for Post Conviction Relief

A

Sentence over the max = anytime
Non-Capital offense = 2 years
Death = 1 year

51
Q

Motion for post sentence DNA

A

Anytime after judgment and sentence are final

52
Q

Motion for rehearing

A

10 days after Ct issues order
Response due in 10 days by other party
Court must dispose of motion 15-40 days after filed

53
Q

True or False: Even 30 days after sentencing, a guilty plea can be withdrawn if court lacks SMJ.

A

True

54
Q

Florida ___ a defendant to plead to a crime they didn’t commit so long as they do so ______ and_______.

A

Does

Knowingly and Voluntarily

55
Q

What can the judge do if there is a plea but no plea agreement?

A

Impose any sentence authorized by law.

56
Q

Can judge participate in plea negotiations?

A

Yes

57
Q

Plea __ be withdrawn after sentencing if not informed of correct sentence.

A

Can

58
Q

When is D’s presence required in Court?

A

1st Appearance

All proceedings where the jury is present.

59
Q

Is a D required at arraignment if Attorney is presenting a non-guilty plea?

A

No

60
Q

Anytime prior to ______, CT may in its discretion permit a guilty plea to be set aside or judgment.

A

Sentencing

61
Q

What occurs after a motion for post conviction or collateral relief is filed?

A

Status hearing must be held not later than 90 days after matter is assigned to a judge.

Evidentiary hearing not required.

62
Q

What is the motion to arrest judgment?

A

Where a D was convicted of an offense for which he could be convicted under indictment or information which which he was tried.

Where there is a defect in the indictment or information.

Where lack of jurisdiction is an issue.

If this occurs, court must grant the motion.

Must be filed within 10 days after found guilty.

63
Q

Motion to JNOV?

A

Not applicable in criminal law only in civil

64
Q

What is Judgment of Acquittal?

A

A motion for a judgment of acquittal can be granted only if no reasonable jury could find beyond a reasonable doubt that the defendant committed the crime charged. This essentially means that the prosecution’s evidence is too weak to support a conviction, viewing it as generously as possible.

65
Q

When is the Judgment of Acquittal filed?

A

Made at the close of state’s case or post-trial 10 days after guilty verdict.

66
Q

Can a judgment of acquittal be appealed if the state failed to produce evidence sufficient to warrant a conviction?

A

No - it is treated as a final adjudication.
Defendant is released
Defendant cannot be retried for the same offense.

67
Q

What is Traverse?

A

Defendant’s facts are false or incomplete. response to motion.

68
Q

What is Demurrer:

A

Response to motion - Even if Defendant’s acts are trust, don’t dismiss - Defendant could be found guilty by the jury.

Crim Pro (5 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions