Week 9, 10

Question 1

In our court system

Answer 1

Adversary system

Question 2

Public Prosecutors

Answer 2

Trial lawyers that conduct cases in the government name and on behalf of the people.

Question 3

Power of Prosecutor

Answer 3

An elected position

Question 4

Attorney General

Answer 4

is the Prosecutor at the state and federal levels.

Question 5

Act

Answer 5

Any act beyond meer preparation

Question 6

Attempt

Question 7

Defense Attorneys

Answer 7

Lawyers representing defendants

Question 8

Public Defender

Answer 8

Court-appointed attorney paid for by the state for defendants who cannot afford an attorney.

Question 9

U.S. Supreme Court set a standard for inadequate defense counsel - what amendment covers this?

Answer 9

6th Amendment

Question 10

Go through 1-6 amendments

Question 11

Bail

Answer 11

8th Amendment

Question 12

Preliminary hearing

Answer 12

Occurs Defendant appears before a judge who determines if there is probable cause to proceed with a trial to determine sufficiency of evidence.

Question 13

Most cases don’t go to trial

Answer 13

Trial is expensive

Question 14

Discovery

Answer 14

Process where each side can evaluate the evidence the other side is going to present as evidence.

Question 15

How many cases are dismissed?

Answer 15

About half of all felony cases brought to the prosecutor are dismissed.

Question 16

Arraignment

Answer 16

court proceeding in which the suspect is formally charged with the criminal offense stated in the indictment
At the arraignment, the defendant enters a plea. Guilty or not guilty.

Question 17

On any murder case you have to figure out ____.

Answer 17

Proximate cause

Question 18

What does a civil trial have?

Answer 18

plaintiff and defendant

Question 19

Sixth Amendment

Answer 19

The accused has the right to: Speedy public trial, impartial jury of peers.

Question 20

Gideon v. Wainright is the case precedent.

Answer 20

This case held there must be adequate representation during the critical stages of the proceedings.

Question 21

American criminal justice system utilizes a _______.

Answer 21

Twelve-person jury

Question 22

A jury that is not unanimous is called a ______.

Answer 22

Hung jury

Question 23

What word is used in the court the most?

Answer 23

Reasonable

Question 24

Prejudicing the Jury

Question 25

Presumption of Innocence

Answer 25

Unique too the American criminal justice system, a defendant is innocent until proven guilty.

Question 26

Voir dire

Answer 26

Process to select a jury for a specific case.

Question 27

Challenge for cause

Answer 27

legally justifiable reason why a juror is unfit to serve on the jury.

Question 28

Peremptory challenge

Answer 28

juror is excused from the jury for subjective reasons by the prosecution or defense; usually limited to a certain number by the court.

Question 29

Prejudicial evidence

Answer 29

Evidence that tends to mislead the jury or cause an emotional bias.

Question 30

What is the prosecution case procedure?

Answer 30

Direct examination Cross examination

Question 31

Direct examination

Answer 31

The questioning of a witness by the attorney who called the witness to the stand.

Question 32

Cross-examination

Answer 32

Questioning of a witness by the opposing attorney to determine truth and veracity.

Question 33

Duty

Answer 33

Obligation to perform.

Question 34

Breach

Answer 34

Failure to perform the duty.

Question 35

Causation

Answer 35

Where a party is the proximate cause of the death.

Question 36

Death

Question 37

What is the burden of proof?

Answer 37

Beyond a reasonable doubt

Question 38

When is "Adequate Representation" applied?

Answer 38

In the critical stages of the proceedings

Question 39

Basic rationale for sentencing criminals

Answer 39

Retribution Deterrence Incarceration Rehabilitation

Question 40

Desserts

Answer 40

Holds that the severity of the punishment should be proportionate to the severity of the crime.

Question 41

Mitigated

Answer 41

To reduce

Question 42

What are the Four R's of sentencing & punishment?

Answer 42

Rehabilitation Restorative Justice Restitution Retribution

Question 43

Mitigating circumstances are ____.

Answer 43

those which would persuade the judge to impose a lighter sentence on the defendant.

Question 44

What is the 1984 Sentencing Reform Act?

Answer 44

Created strict guidelines for sentencing.

Question 45

What is Victim Impact Statement (VIS)?

Answer 45

Statement from the victim to the sentencing body about how the crime affected them Balancing the process in death penalty case, the defendant can present character witnesses, and the victim can address the jury.

Question 46

Habeas Corpus