Week 5 review Flashcards
what is the BOP for the insanity defense?
preponderance of the evidence
when can anonymous tips function as PC?
when they are reliable (reliability determined by whether the reporter has provided accurate info in the past)
if there’s a grey area, such as whether there was sufficient PC for a stop, what should a prosecutor consider?
offering a plea bargain
how do you show consent was voluntary?
put the cop on stand or use a recording of the D waiving his rights
what is the BOP for a motion to suppress?
preponderance of the evidence
what is a Franks hearing?
When the defense believes stuff was left off of the warrant affidavit that was material to the determination of PC (defense may also believe the cop lied about the info on the affidavit)
How does the prosecution satisfy the BOP on a search warrant?
offer the certified warrant up as an exhibit
what should you know in void dire?
- the law
- court rules
- judge
- opponent
what is a for cause challenge?
a person is stricken b/c they are prejudiced in some way (based on a reason)
peremptory challenge
a challenge of a potential juror that is not based on a reason
when must all challenges be made by?
before the jury is sworn
what is a Batson challenge?
a challenge made by the defense council when they believe a peremptory challenge has been made for a prejudicial reason
when must a batson challenge be made
before the jury is sworn
what are the 3 steps of a Batson challenge?
- opponent of peremptory challenge makes a prima facie case of race/gender discrimination
- Posecurtor may rebut - if prosecutor’s explanation is race neutral, then the challenge is OK
- burden shifts to the party challenging a strike to persuade the judge that the reason is a pretext
what are some goals of void dire?
- be realistic - try to learn what would make it difficult for someone to be a fair and impartial juror
- eliminate the very bad - ID the people who have strong biases or medical/health issues, watch for nonverbal cues
- make a good first impression
