Week 2 Flashcards
How many judges in military trials
2-3
Defendant
On trial. Sued in civil case, prosecuted in criminal case.
Plaintiff
may sue for damages (money or other compensation) or punitive (extra compensation, usually in very harsh or cruel crimes. To ward off others)
Admissibility of evidence
Frye: the methods used by experts to arrive at opinion must have general acceptance within that expert’s field.
Federal rules of evidence:
testimony must be based on reliable facts and data (based on experimentation)
reliable principles and methods
expert must have applied principles and methods reliably
facts are of the type reasonably relied upon in expert’s field
Daubert vs Merrell Dow
Expert’s evidence must be tested empirically, peer reviewed and published, have known error rates and standards for control of its operation, general acceptance. Judge is the gatekeeper of evidence admissibility
General electric company vs Joiner
- Appeals court can’t overturn the trial court’s decision about admissibility unless they misused Daubert
Civil case process
- Complaint filed by plaintiff
- Answer filed by defendant
- Discovery: attorneys gather info
- Settlement: most cases are settled without trial
- Trial
- Verdict
- Appeal
Out of 1000 crimes, how many end up in prison?
Approximately 16
Arrest
Discretionary decision by police. Must arrest in domestic violence cases. Arrest at the seen if crime is witnessed or after the fact, with warrant.
Miranda Warning
only after arrest. Anything said before arrest is not admissible.
Booking
Mug shots, fingerprints, personal info, details of charges read, advised of rights, arrest report or probable cause affidavit.
Initial appearance
Defendant brought before magistrate for the first time, read charges and rights, bond/bail
Preliminary hearing
Establish whether there’s sufficient evidence, prosecutor files an “information”, grand jury issues an “indictment” if they think case should go to trial.
Arraignment
First appearance, judge reads indictment, notification of rights, enter a plea (guilty, not guilty, or nolo contendre), diversion of case if special court is needed. Plea bargaining (90% of cases are settled this way. Judge can accept or reject plea but usually accepts)
Adjudication (trial)
- Discovery (find information and experts)
- Plea bargaining acceptable at any point before verdict
Sentencing
- Usually judge, sometimes jury
- Can’t be tried again for same charge for same case
- Aggrevating factor: previous arrests, cruelty of crime, substance abuse.
- Mitigating factor: previous r rehab, military service, etc.
- Probation: first time offenders, minor crimes
- Fine
- Community service
- Prison
- Death
Corrections:
- Different levels of security and isolation
- Parole: conditions, regulated.
- “Three strikes” 3rd offense gets you harsher penalty, not effective because repeat offenders are impulsive and not consequential.
Civil trial procedure
- Judge appointed
- Jury selection
- Opening statement from plaintiff and defendant
- Plaintiff represents case (evidence, witnesses)
- Defendant presents case (evidence, witnesses).
- Judge instructs jury
- Closing arguments
- Jury deliberation
- Judge approves verdict
Criminal trial procedure
- Judge appointed
- Jury selection
- Opening statement from prosecution and defense
- Prosecution presents case (evidence, witnesses)
- Defense presents case (evidence, witnesses)
- Judge instructs jury
- Closing arguments
- Jury deliberation
- Judge approves verdict
Direct exam
By attorney who called you
Cross exam
By opposite side. Attack, you need thick skin.
