WY Criminal Procedures

Question 1

Define Private Law

Answer 1

“As used in contradistinction to public law, the term means all that part of the law which is administered between citizen and citizen, or which is concerned with the definition, regulation, and enforcement of rights in cases where both the person in whom the right inheres and the person upon whom the obligation is incident are private individuals.”

Question 2

Define Public Law

Answer 2

“The laws that cover administration, constitution, and criminal acts. It controls the actions between the citizens of the state and the state itself. It deals with the governments operation and structure.”

Question 3

Define Substantive Law

Answer 3

“That part of the law which the courts are established to administer, as opposed to the rules according to which the substantive law itself is administered. That part of the law which creates, defines, and regulates rights, as opposed to adjective or remedial law, which prescribes the method of enforcing rights or obtaining redress for their invasion.”

Question 4

Define Procedural Law

Answer 4

“The technical aspects of a legal system that states the steps that need to be followed while enforcing criminal or civil law.”

Question 5

Define Crime

Answer 5

“An act committed or omitted, in violation of public law, either forbidding or commanding it; a breach or violation of some public right or duty due to a whole community, considered as a community in its social aggregate capacity, as distinguished from a civil injury.”

Question 6

Recognize the 3 methods of charging an individual with a crime in Wyoming

Answer 6

Indictment
Information
Citation

Question 7

Recognize the 2 methods of response from the court to a charging document

Answer 7

No Charge

Summons

Question 8

Recognize the purpose and parameters of an Initial Appearance

Answer 8

• Rule 5
• Taken without delay for appearance
• Warrentless arrests released in 72 hours unless PC established by judge
• Felony Cases
• Misdemeanor Cases

Question 9

Recognize the purpose and parameters of a Preliminary Hearing

Answer 9

• Rule 5.1
• Right of defendant in all felony cases not produced by indictment
• Examination of probable cause

Question 10

Recognize the purpose and parameters of an arraignment

Answer 10

• Rule 10
• Advised of charges
• Enters a plea

Question 11

Define and differentiate the 5 types of pleas in Wyoming

Answer 11

• Guilty
• Not guilty
• Not guilty by insanity at the time
• Not guilty by present insanity
• No contendere

Question 12

Recognize the parameters and process of seating a jury in Wyoming

Answer 12

• Rule 23
• Felonies- 12 man jury
• Misdemeanors- 6 man jury

Question 13

Recognize the basic trail process in Wyoming

Answer 13

• Opening statements
• Present evidence
• Closing arguments
• Jury instructions
• Jury deliberations
• Verdict

Question 14

Recognize the basic post trail processes in Wyoming

Answer 14

• Judgement and sentence
• Appellate process
• Final dispostion