Chapter 13: The Courtroom: Pretrial and Trial Process

Question 1

Two procedures that determine whether or not a proceeding goes to trial.

Answer 1

Preliminary Hearing (Information):
- Prosecutor files an information, (Prosecutor’s sworn statement) formally charging the defendant w/ a crime, that is reviewed by a judge during preliminary hearing.

Indictment:
- Prosecutor files a complaint document, charging an individual with an offense, & describing the parts of the offense being charged, and a grand jury decides whether or not to indict a defendant.

Question 2

Pre Trial Motions: #1 Double Jeopardy

Answer 2

Can’t be tried twice for the same offense (in the same court jurisdiction).

Question 3

Pre Trial Motions: #2 Speedy Trial

Answer 3

• Speedy trial will not be given to if you don’t ask for it.
• Right to trial without undue / unnecessary delay.

Question 4

Pre Trial Motions: #3 Improper Venue

Answer 4

• Too much publicity (often made assertion by P or D).
• Changing the location of the trial to have a more fair trial.

Question 5

Pre Trial Motions: #4 Discovery of Exonerating Evidence in Possession of the Prosecution

Answer 5

• aka, Reciprocal Discovery
• request by defense attorney for prosecution to turn over all evidence they intend to use at trial (adversarial evidence and nonadversarial).

Question 6

Pre Trial Motions: #5 Motion to Suppress

Answer 6

• filed by defense attorney to request that unlawfully obtained evidence / fruit of the poisonous tree be inadmissible at trial.

Question 7

Preliminary Hearing

Answer 7

Determines whether defendant should be “bound over” to trial or “bound over” to grand jury.

Question 8

Preliminary hearings should happen within _____ days of arrest, and their purpose is to determine whether there is _______________ evidence to subject the defendant to a _______________ prosecution.

This hearing is different from the _________ ___________ detention hearing in Chapter 12, where the government has to prove that there is probable cause for a prolonged ____________ of the arrestee.

Answer 8

10; sufficient; criminal

probable cause; detention

Question 9

Preliminary hearings act as “_______-________” in which the defendant is granted the right to a _____________.

During this hearing, the prosecution presents _____________, in support of the defendant’s guilt of the crime. The defendant’s _____________ may ____________ ______________ the prosecution’s witnesses, and present _____________ to expose the “fatal _______________” of the prosecution’s argument.

The judge is then left to make the decision as to whether or not there is ______________ evidence to subject the defendant to ____________ or whether to ____________ him.

Answer 9

mini-trial; lawyer

evidence; lawyer; cross examine; witnesses; weaknesses

sufficient; trial; release

Question 10

The judge’s responsibility during the preliminary hearing is to answer 1) whether or not a crime _______ committed, and 2) whether or not the ____________ committed it.

What are the two standards used in deciding whether or not to “bind over” the defendant to a trial:

Answer 10

was; defendant

• Probable Cause Approach
• Prima Facie Approach

Question 11

Probable Cause Approach

Answer 11

There has to be a “reasonable probability” (has to be probable cause to believe) that the prosecution will be successful in convicting the defendant.

Question 12

Prima Facie Approach

Answer 12

The judge has to determine, if it’s also believed by the jury, that the evidence is sufficient to convict the defendant.

Question 13

Preliminary hearing is not _____________ in every state. States are divided according to whether they are _____________ states, ______________ states, or ____________ ___________ states.

Answer 13

required; indictment; information; modified indictment

Question 14

Indictment States
(18 States)

Answer 14

Following the preliminary hearing, the prosecutor brings the felony charges before a grand jury for indictment.

Prosecutors may bypass the preliminary hearing, and take the felony charges directly before a grand jury.

Question 15

Information States
(28 States)

Answer 15

Prosecutors may bring felony charges based the sworn statement in the information, and may bring these charges before a preliminary hearing or a grand jury.

Question 16

Modified Information States
(4 States)

Answer 16

Felony charges for capital offenses which bear the punishment of life imprisonment and the death penalty require indictments before a grand jury.

Question 17

The Grand Jury’s primary function is to protect defendants from ______________ prosecutor’s, who may charge defendants with more ______________ crimes than what they actually committed. They are meant to stand between the _____________ and the _____________, and ensure that charges are based on _____________, not _____________, or personal ____-______.

Answer 17

overzealous; serious; accuser; accused; reason; malice; ill-will

Question 18

Federal Rules of Criminal procedure require _____________ for ____________ offenses punishable by ____________ or ______________ for more than __ year.

Answer 18

indictments; federal; death; imprisonment; 1

Question 19

In Hurtado v. California, (1884), a criminal court in California convicted Petitioner Hurtado of murder, based on _________ charges brought in a _____________ _____________ but not before a ___________ ___________ indictment.

The dispositive question before the Court was if the state convicting someone for _____________ without a ___________ __________ indictment violated the Due Process Clause of the ____th Amendment.

The Court ruled NO, and upheld Hurtado’s _______________. The court reasoned that it’s focus was on maintaining “_____________ ______________,” a principle which they thought could be reasonably accomplished in the states by either having the felony charges brought before a _____________ ______________ or a ___________ ____________.

Answer 19

felony; preliminary hearing; grand jury

murder; grand jury; 14th

conviction; fundamental fairness; preliminary hearing; grand jury

Question 20

Tenants for Being a juror serving on a grand jury:

• Federal Rules of Criminal Procedure provide that grand juries are to be made up of ______ - _____ persons, although that number differs from __________ to __________.
• The ruling MUST be a ____________ vote in cases involving indictments by the ___________ __________.
• Juror must be at least ______ yrs old.
• Juror must be (selected) from the ____________ jurisdiction.
• Juror should be able to read, speak, write, and understand _____________.
• Juror should also exhibit ___________, good _____________, and ____________.

Answer 20

16; 23; state; state

majority; grand jury

18

relevant

English

intelligence; character; honesty

Question 21

Purging the Grand Jury

Answer 21

Process of selecting certain members from the pool of people called to serve jury duty.

Question 22

Petit jury

Answer 22

Jury at trial

(people actually chosen from the pool).

Must represent a cross section of the community.

Question 23

Key-Man System

Answer 23

Grand jury is selected from influential members of the community

Question 24

Individuals may not be excluded from service on grand jury based on __________, ___________, or ___________ __________.

Defendants may challenge the ______________ of the grand jury if people were unfairly __________ from serving. A successful ______________ results in _____________ of the indictment.

Now, if a trial judge were to improperly conduct the indictment, having not dismissed it due to unfair ____________, then the appellate court judge will enter an automatic _____________ of the trial court conviction if he determines individuals were unlawfully ___________ from sitting on the grand jury.

This Automatic Reversal Rule exists because the Court can’t reasonably assume that a grand jury where individuals were _______ unlawfully _______________ would reach the same verdict/conclusion as the jury that was ______________ unlawfully.

Answer 24

race; religion; national origin

composition; excluded; challenge; dismissal

composition; reversal; excluded

NOT; excluded; composed

Question 25

The grand jury’s responsibility is not JUST to determine whether there is ___________ ___________ to “bind over” the defendant to _________.

Grand jury also decides…

• whether to impose a “more ___________” or “__________” charge,
• whether the crime is a ______________ or non_____________ offense,
• and the grand jury doesn’t _________ to indict in every case where there’s an opportunity.

Answer 25

probable cause; trial

serious; lesser

capital; capital

have

Question 26

The typical duration of a Grand Jury is _____ months, with the potential extension of _____ months.

Answer 26

18; 6

Question 27

The grand jury serves as an independent body of their own ______________. Jury deliberations are in large part ____________ by the ___________. The prosecutor files an ____________ document, written clearly and concisely the charges against the defendant, which is then signed by the _____________ and the _____________ of the jury. The prosecutor then exhibits ___________ and calls __________, giving jurors things to ____________ in their deliberations as to whether or not they will indict. The jury may also independently ask certain _____________ to take the stand and may ask their own questions, which the ___________ is not present for. Jury deliberations happen without the _____________ or ______________ present.

Answer 27

investigation; directed; prosecutor; indictment; prosecutor; foreperson; evidence; witnesses; consider; witnesses; defense; prosecution; defense

Question 28

True Bill

Answer 28

Grand jury moves to indict defendant.

(GJ found probable cause to bind over defendant to trial).

Question 29

No Bill

Answer 29

Grand jury decides not to indict the defendant.

Question 30

Presentment

Answer 30

Grand jury goes beyond simple indictment.

Grand jury fashions a report given the court listing individuals they believe are involved in criminal activity.

Question 31

Two requirements for an indictment

Answer 31

Essential Elements:

• Demonstrates that there was criminal intent and criminal act.

Factual Specificity:

• Identifies criminal intent and criminal act that constitute crime.

Question 32

Grant of Immunity

Answer 32

court order compelling defendant to testify where defendants allege that doing so would incriminate them.

Question 33

Two types of Grant of Immunity

Answer 33

Transactional Immunity

Use and Derivative Use Immunity

Question 34

Transactional Immunity

Answer 34

Defendant is immune from criminal prosecution for anything he says he did during transaction that is the subject of the witness’ testimony

Question 35

Use and Derivative Use Immunity

Answer 35

Defendant may not be prosecuted for anything they said during testimony.

Question 36

Subpoena Ad Testificandum

Answer 36

court order compelling individual to testify.

Question 37

Subpoena Duces Tecum

Answer 37

court order compelling production of evidence or documents.

Question 38

Reasonable doubt

Answer 38

standard for criminal conviction (that prosecutors have to overcome)

Question 39

If the grand jury has indicted the defendant, such that they found probable cause to bind over the defendant to trial, an ________________ hearing will be held. The judge will inform the defendant of the __________ against him, and ask that the defendant enter one of 4 formal ____________.

What are those formal ___________?

Answer 39

arraignment; charges; pleas

pleas

1) Not guilty: “Didn’t commit the crime”

2) Not guilty by reason of insanity: “Didn’t understand the nature of my actions.”

3) Nolo contendere: “I do not wish to challenge the prosecution’s charges.”

4) Guilty: “I did commit the crime, and i will lay out what happened.”

Question 40

Nolo Contedere

Answer 40

“I don’t wish to contest the charges.”

Very similar to a guilty plea, except here the defendant is not admitting to criminal guilt.

Carries the punishment of a guilty plea.

However, if one please nolo contendere, then they can’t later be held liable for civil damages (because they’re not admitting to the crime).

Question 41

Double Jeopardy

Answer 41

5th Amendment of United States Constitution

Prohibits being tried twice for the same criminal offense.

Question 42

3 Protections provided by Self Incrimination clause of the 5th Amendment

Answer 42

1. Can’t be tried twice for the same offense if acquitted.
2. Can’t be tried twice for the same offense if convicted.
3. Can’t be punished twice for the same crime.

Question 43

Exceptions to the Double Jeopardy clause

Answer 43

Being tried twice for the same crime in criminal court, and civil court.

• defendant may be convicted (criminal), then held for injury by the victims (civil).

Question 44

Rule: A second prosecution for the same offense is prohibited ONLY where double jeopardy attaches to the __________ trial proceeding.

Answer 44

FIRST

Question 45

3 Stages at which Jeopardy Attaches to first criminal proceeding

Answer 45

1) Jury Trial
2) Judge
3) Guilty Plea

Question 46

1) Jury Trial

Answer 46

When a jury is impaneled, and sworn to defend U.S. Constitution (jeopardy attaches)

Question 47

2) Judge

Answer 47

During bench trial with a judge, when the first witness is called to testify (jeopardy attaches).

Question 48

3) Guilty Plea

Answer 48

When the defendant pleads guilty, and the judge enters a conviction (jeopardy attaches).

Question 49

Mistrial

Answer 49

Fundamental error during trial which causes trial to be cancelled.

Question 50

A second trial for the same criminal offense is permitted where there is a ______________ based on a motion filed by the ____________, or based on the ___________’s consent.

If the defendant files a _______________ resulting in _____________, or consents to the ______________, he thereby waives his right against ____________ _____________, and to have his guilt / innocence ascertained by a a group of _____________ and a __________ presiding over the case.

Some defendant’s consent to the ______________ because they believe they’ve been _____________ during the initial proceeding, and that they stand a better chance of _____________ in the second trial. Other defendants opt to continue with the first trial to avoid the ___________, and stress associated with multiple prosecutions, delay periods, and more legal expenses.

Answer 50

mistrial; defendant; defendant’s

motion; mistrial; mistrial; double jeopardy; jurors; judge

mistrial; prejudiced; acquittal; anxiety

Question 51

Manifest Necessity

Answer 51

When a judge declares a mistrial despite the defendant’s objection, because justice would not be served if the trial were allowed to continue.

Question 52

2 Requirements for Mistrial based on Manifest Necessity

Answer 52

1. Impartial Verdict Cannot be Reached.
2. A Conviction could be reached, but an error found in appellate court makes a reversal certain.

Question 53

1. Impartial Verdict Cannot Be Reached

Answer 53

• E.g. If a hung / deadlocked jury can’t reach a decision, a verdict might be handed down out of impatience.
• E.g. Maybe one of the jurors is acquainted with the defendant, and may be biased against the govt.

Question 54

2. A conviction could be reached, but an error found in appellate court makes a reversal certain.

Answer 54

• E.g. let’s say one of the jurors was found to someone who served on the grand jury that indicted the defendant.
  • maybe this juror had already made up his mind about the guilt of the defendant long ago, which presents the potential for bias.

Question 55

In Green v. United States, (1957), the Supreme Court ruled that a defendant who appeals their conviction may be tried twice for the same crime.

A defendant may appeal their conviction based on a perceived legal ___________.

If successful, the trial will be sent ________ to the ___________ court for further proceedings.

If the the prosecution finds the defendant _________ on retry, then there’s no room for the defendant to claim __________ _____________.

This is why the Court ruled that on appeal, one forgoes / waives their right to ___________ ______________.

However, retrial is ____________ from the prosecution, by the __________ _____________ clause where it is found on appeal that the prosecution, during trial court, lacked sufficient evidence to prove the defendant’s guilt beyond a _____________ ____________.

Answer 55

error

back; trial

guilty; double jeopardy

double jeopardy

barred; double jeopardy; reasonable doubt

Question 56

Double Jeopardy doesn’t attach where one one is tried for ___________ crimes during the ____________ transaction.

E.g. If you killed 3 people, that’s all within the ___________ transaction, but each separate crimes, and may each result in _____________ prosecutions.

Answer 56

separate; same

same; separate

Question 57

Double Jeopardy doesn’t attach either where the same offense breaks ____________ laws, which constitutes _____________ offenses.

E.g. You may commit murder, and may be charged under _______________ to ____________ murder, and actual _____________ murder. Some evidence within your action may be used to convict you under the ______________ to carry out a _____________ murder (where you agreed to kill someone), whereas other evidence, from the same offense, convicts you of conducting the _____________ murder.

Answer 57

separate; separate

conspiracy; premeditated; premeditated; conspiracy; premeditated; premeditated

Question 58

Blockburger Test
(Est. Blockburger v. U.S., (1977))

Answer 58

Goes against the idea that that one may be charged with two offenses for the same crime, where evidence of both offenses must be gathered from the same crime.

Question 59

Dual Sovereignty Doctrine

Answer 59

Exception to Double Jeopardy Rule.

One may be tried in state and federal court jurisdictions for the same criminal offense.

AND

One may be tried in by two separate state governments for the same criminal offense.

Question 60

Collateral Estoppel

Answer 60

Information that was established in the first trial may not be used in a subsequent trial.

Question 61

In Ashe v. Swenson, (1970), the Supreme Court ruled that ______________ _____________ is embodied in the ___th Amendment right against __________ ___________ and is applicable to the states through the _____th Amendment.

Ashe was convicted for robbing 6 individuals during a poker game.

During the first trial for his offense against one of the victims, Donald Knight, he was ____________ of having robbed Donald Knight.

Ashe was indicted for a second (separate) count of robbery, regarding a separate victim, and when tried, the prosecution used the trial information regarding the identification and evidence from the first trial about the robbery of Donald Knight.

The Supreme Court ruled, the prosecution can’t used the same evidence a second time hoping for a different outcome by the jury.

Answer 61

collateral estoppel

Question 62

Speedy Trial

Answer 62

6th Amendment Right.

Right to trial without unreasonable delay.

Question 63

Individual Interests in Speedy Trial:

Incarceration:

• Lengthy incarceration ________ to trial may keep him away from personal responsibilities including ____________ life, his ______________, ______________ opportunities, and interferes with the ability to prepare for _________.

Public Association:

• Lengthy incarceration __________ to trial may make the defendant the subject of ______________ criticism.

Preparation Trial:

• Lengthy pre-trial incarceration ____________ with ability to prepare for __________. Also witnesses and others scheduled to testify may __________ or ______________ which complicates trial proceedings further.

Answer 63

prior; family; occupation; educational; trial

prior; public

interferes; trial; die; disappear

Question 64

Strunk v. United States, (1973) ruled that the remedy for not being given a _________ __________ is ______________ of charges.

A defendant MUST _______ for a _________ __________ during the trial phase, otherwise it will be assumed that he doesn’t want to and his right is _____________.

• (This can probably be accredited to the backlog problem in the Supreme Court).

Answer 64

speedy trial; dismissal

ask; speedy trial; waived

Question 65

In the past, the standard / test for what is considered a violation of ____________ _________ was “__________,” and the Court never delineated a _____________ period of time that would be considered a _____________ _____________. Now the Court looks to the _____________ of ______________ as their “___________ test” that weighs the different factors a given situation.

These circumstances include…

• ______________ of the detention, which ____________ from crime-to-crime.
• _____________ for the delay.
• Did the defendant assert their ____________ to a ___________ ____________?
• Was the defendant _______________, i.e. did their ______________ detention inhibit their ability to prepare their _______________?

Answer 65

speedy trial; “vague”; specified; speedy trial; totality; circumstances; balancing

length; varies

Reason

right; speedy trial

prejudiced; prolonged; defense

Question 66

Speedy Trial Act of 1974 (§§ 361, 362)

Singled out ___________ as the most important factor in determining whether a defendant received a _________ _________.

An information or indictment charging defendant with crime must be brought within _____ days of the defendants arrest. An arraignment must be held within _____ days of filing the information or indictment document. A trial is to be held with _______ days of filing the information or indictment.

If the defendant does not receive a ____________ ____________ the the judge may _____________ the charges, whether the defendant was _____________ or not.

Answer 66

time; speedy trial

30; 10; 70

speedy; dismiss; prejudiced

Question 67

In Barker v. Wingo, (1972), the Supreme Court decided that there is a ___________ interest in ______________ trials, considering that during a ___________ suspects and witnesses may _____________, or worse _______, and it may become difficult for witnesses to ________________ events of the crime.

Answer 67

societal; speedy; delay; disappear; delay; die; recollect

Question 68

In Betterman v. Montana, 2016, the Supreme Court ruled on the question of whether there is a right to a “speedy ____________” alongside the right to a “speedy __________”?

The Court ruled that the ____________ __________ right _____________ upon _____________.

Answer 68

sentence; trial

speedy trial; detaches; conviction

Question 69

Article III Section 2 of U.S. Constitution

Answer 69

Trial shall be held in the State where the crime shall have been committed.

Question 70

Critics at the time of creating the Constitution argued that Article III Section 2 did not provide _____________.

Answer 70

vicinage

Question 71

Vicinage

Answer 71

Selection of jury members from the specific area where the crime was committed.

Question 72

So the 6th Amendment was amended to say that crimes shall be prosecuted in the __________ and _________ where it shall have been committed.

Answer 72

state; district

Question 73

Venue

Answer 73

Physical location in the judicial district where trial is held/ prosecution is conducted.

Question 74

What if the defendant doesn’t believe they can receive a _________ trial in their current ___________?

In Groppi v. Wisconsin, (1971), the Supreme Court ruled that the trial court must change the ________ of a trial if the defendant is ____________ in a way that deprives him of a __________ trial.

Rule 21(a) of the Federal Rules of Criminal Procedure provide that a defendant’s _______ be relocated to a new ____________, preferably a nearby __________ that hasn’t been exposed to the prejudicial material that warranted the move in the first place, if the court is satisfied that the circumstances are so __________ that the defendant is deprived of a legitimate chance to receive a _______ trial.

Answer 74

fair; venue

venue; prejudiced; fair

trial; venue; district; unfair; fair

Question 75

Change in __________ is often the result of widespread ___________ surrounding the case. As ruled in Sheppard v. Maxwell, __________ tends to breed a “__________ atmosphere.”

Answer 75

venue; publicity; publicity; carnival

Question 76

There’s a number of remedies courts have taken to combat widespread publicity:

• ______ orders on lawyer’s statements to the media.
• constantly __________ the jury to remain _________.
• holding the trial in it’s original jurisdiction, but selecting __________ from a different area.
• waiting to hold trial until the “threat _________” (decreases in intensity).

Answer 76

gag

warning; impartial

jurors

abates

Question 77

The Court has moved towards an actual prejudice standard in deciding whether to grant a motion for a change in venue.

The standard asks if the juror(s) are capable of _____________ looking at the facts and ___________ presented to the court, setting aside all “__________” or “___________.”

The burden of proof is on the defendant to prove that the mere existence of those ____________ raises the presumption of ____________, to obtain a change in venue. Basically, based on the ___________ of _____________, the defendant has to demonstrate that they’re ____________ to a conviction.

Answer 77

objectively; evidence; impressions; opinions

opinions; partiality; totality; circumstances; predisposed

Question 78

Rule 21(b) of Federal Rules of Criminal Procedure also provides that changes in __________ are available for the ___________ of the parties involved in the case (i.e. relating to traveling _________ and ____________, where the crime occurred v. where the crime came from).

Answer 78

venue; convenience; distance; expenses

Question 79

In Brady v. Maryland, (1963), the Court ruled that upon the defense’s request, prosecution is compelled to turn over ___________ (___________) evidence that may __________ the defendant.

Answer 79

exculpatory; exonerating; exonerate

Question 80

Brady Rule

Answer 80

Prosecution must turn over exculpatory evidence to the defendant.

Question 81

Exculpatory evidence is ‘material’ when it’s concluded that had that __________ been introduced, there’s a reasonable __________ that the __________ of the trial would have been ____________.

Answer 81

evidence; probability; outcome; different

Question 82

A claim under the Brady rule, (i.e. a claim that certain ___________ evidence should’ve been ___________ at trial) need ONLY show that the evidence ____________ the confidence in the ___________.

Answer 82

exculpatory; introduced; undermine; conviction

Question 83

Motion to Suppress

Answer 83

Motion by defense to suppress illegally obtained evidence.

Evidence in violation of the…

• 4th amendment right against search and seizure,
• and incriminating statements gathered in violation of the 5th Amendment right against self incrimination, and 6th amendment right to counsel

…may be suppressed.

Question 84

6th Amendment not only guarantees the right to a _________ __________ but also to be tried by an _________ ___________ in the state and district where the crimes shall have been committed. Some state constitutions provide the right to a _________ trial for _____ criminal offenses.

Answer 84

speedy trial; impartial jury; jury; all

Question 85

The right to a trial by jury is to be recognized by ______ the states, per Duncan v. Louisiana, (1968), and is meant to serve as a ____________ against the corrupt and ___________ prosecutor, and compliant _________ who may establish guilt based on unfounded criminal __________.

Answer 85

all; safeguard; overzealous; judge; charges

Question 86

While one may be granted the right to a __________ trial for ________ offenses, one does not have the right to a ________ trial for _________ offenses. One does have the right for ___________ offenses.

The difference between __________ and __________ offenses is the punishment or ___________ that is imposed by the criminal statute for the crime, rather than the __________ a judge imposes.

In general, petty offenses are those that carry a penalty of ________ than ___ months. Serious offenses carry a penalty of ________ than ____ months.

Answer 86

jury; petty; jury; petty; serious

petty; serious; sentence; sentence

less; 6; more; 6

Question 87

In Thompson v. Williams, (1898), the Supreme Court ruled that a ______ jury for all jury trials are required by the ___th Amendment of the United States Constitution and is applicable to the states through the ____th amendment.

However, in Williams v. Florida, (1970), the Supreme Court ruled that there’s no language within the ____th Amendment that could be construed to establish an ____________ requirement that the size of a _______ must be ____ persons. The Court ruled that a ___ person jury would accomplish the same effect, is able to deliberate in an objective way, they still represent an accurate _______-_________ of the community, and that there’s no significant __________ between __ and ____ person juries.

Answer 87

12; 6th; 14th

6th; indispensable; jury; 12; 6; cross-section; difference; 6; 12

Question 88

In Ballew v. Georgia, (1978), Petitioner Claude Davis Ballew was the manager of an Adult Theatre, on Peachtree St., Atlanta, Georgia. He broadcasted an adult film w/ __________ and __________ themes titled, “Behind the Green Door.”

Investigators from the Fulton County’s Solicitor General’s Office saw the film, obtained a _________ warrant for it’s _________, watched it again, and __________ the film.

Petitioner and a cashier for the theatre were arrested, and charged under §26-2101 of the Georgia Code, for distributing ___________ materials, where the defendant distributed, ___________ the ___________ nature of the scenes, the film.

The Criminal Court of Fulton County impaneled a ___- person jury, pursuant to the Georgia state constitution. Petitioner filed a motion requesting the court impanel a _____- jury, alleging that a ___-person jury is not adequate to for an _____________ case, where the jury has to assess was the contemporary _____________ standards are. Petitioner also relied on the argument that the ___th Amendment requires a ____-person jury at minimum.

Criminal Court rejected the Petitioner’s contention, and after a whopping 38 minutes, the jury returned a verdict of ___________, fined petitioner with $1000 and year sentence in prison.

The dispositive question in front of the Supreme Court is whether the ____ person jury violates the defendant’s right to _________ trial under the ___ th and the ____th amendments.

the Court ruled in favor of the Petitioner:

• ____________ juror groups lead to less __________ deliberation.
• There is a __________ correlation between the _______ of the group and the ______________ making made by the group.
• The smaller the group, there’s a greater likelihood of ____________ fact-finding, and incorrect application of common sense from the the ____________.
• A smaller group of jurors ensures that there will be __________ members of the community to accurately _____________ the facts of the case.
• An accurate ____________- ___________ of the community decreases with the __________ of the jury.

Answer 88

obscene; indecent

search; seizure; seized

obscene; knowing; obscene

5; 12; 5; obscenity; community; 6; 6

guilty

5; jury; 6th; 14th

Smaller; accurate

significant; size; decision

inaccurate; community

less; remember

cross-section; size

Question 89

Venire

Answer 89

jury pool

group of persons called for jury duty selected for the petit jury (jury at trial).

selected from

• voter registration
• driver’s license (for people older than 18)
• fishing license, etc.

Question 90

Voir Dire

Answer 90

Questioning of people called for jury service by attorneys to decide who will be impaneled.

Question 91

Preemptory Challenge

Answer 91

Prospective jurors being excused without the attorney giving reason for their excusal.

Question 92

Challenge for Cause

Answer 92

Removing prospective juror based on a presumed inability to be impartial.

Question 93

Implied Bias

Answer 93

When a juror has been the victim of a crime that the plaintiff was a victim of, and so may have bias toward that party.

Question 94

Actual Bias

Answer 94

When a juror explicitly states, during the voir dire process that they cannot be impartial to the defendant.

Question 95

One may establish a prima facie case of ___________ discrimination, asserting that juries are selected in a discriminatory manner under the __________ _________.

Answer 95

intentional; Exclusion Rule

Question 96

Exclusion Rule

Answer 96

says that there are fewer people represented in the venire than there are of the same contingent of people in the community.

Question 97

Once a defendant has established a prima-facie case, that a law can be interpreted to limit or ____________ certain people from being chosen for the venire, the burden of proof falls on the government to prove that there is a different reason for the _______________ of certain people: i.e., lack of ____________ registrations, lack of ___________’s ____________.

Answer 97

exclude; underrepresentation; voter; driver’s licenses

Question 98

In Glasser v. United States, (1942), the Supreme Court decided that a defendant has the ___th Amendment right to be tried by ________ of his peers that constitute a _______ __________-__________ of the _________ in the state and district wherein the crime shall have been committed.

Answer 98

jury; fair cross-section; community

Question 99

Fair Cross-Section of the Community

Answer 99

Jury is reflective / representative of the society (judicial district wherein the crime was committed).

Question 100

In Taylor v. Louisiana, (1975), women, historically, had to file a declaration that they were willing to __________ for ________ duty. Men never had to fill out such a declaration. Billy J. Taylor’s case was brought was conducted by a jury composed strictly of ________, from a venire of ______ people, none of whom were ___________. The Supreme Court ruled Taylor’s ___th Amendment right to a trial by jury, by a ________ __________-_____________ of the community, since no __________ were allowed on the jury.

This Court concluded that not only are ____________ afforded the unobstructed right to participate on the _________, but also that the _______ _________-___________ of the community requirement applies to the states through the ____th Amendment.

Answer 100

serve; jury; men; 156; women; 6th; fair cross-section; women

women; jury; fair cross-section; 14th

Question 101

If the defense establishes a prima facie case, the burden of proof falls on the _____________ to establish that there’s a “___________ reason” for the law that consistently _____________ against certain people from jury service.

Answer 101

government; persuasive; discriminates

Question 102

The _________ __________ process is meant to protect defendants ___th Amendment right to a trial with an _____________ jury.

Here, lawyers decide whether to __________ a juror for ________ (__________ for _________), which requires they give reason behind ____________ the juror, or they could use a ___________ _____________, which allows them to remove _________ without given reason.

This process also allows attorneys to form personal ties with the __________s who will be asked to __________ and ________ evidence and circumstances that arise during trial.

Answer 102

voire dire; 6th; impartial

excuse; cause; challenge; cause; excusing; preemptory challenge; jurors

jurors; weigh; balance

Question 103

Lawyers use voir dire as an opportunity to gauge the defendant’s background, leanings, and __________.

They may sometimes argue the judge doesn’t take enough time to do this.

Answer 103

attitudes.

Question 104

Jurors who already have their mind “_________ _____” are thought to be _________ and unable to weigh the facts __________; for that reason they are struck for ________ (during a challenge for ________).

Answer 104

made up; partial; objectively; cause; cause

Question 105

Defendants may also be removed for _________ by a lawyer based on their personal _____________: this includes a defendant being __________ to a police officer, being the __________ of a police officer, or having been a _________ to the crime for which you’re asked to deliberate.

Answer 105

cause; background; married; parent; victim

Question 106

Once a lawyer has removed a juror for _________, they may conduct _________ _________, which allow them to remove jurors without stated ____________, and has historically been considered a ____________ right to the accused.

Answer 106

cause; preemptory challenges; reason; fundamental

Question 107

In death penalty cases, prosecution and defendants are each granted ______ preemptory challenges.

In cases involving imprisonment for more than a year, the prosecution is granted _____ preemptory challenges, whilst the defense receives ____.

Both prosecution and defense each get ______ challenges in cases where the punishable is no more than 1 year, or a fine.

Answer 107

20; 6; 10; 3

Question 108

In Batson v. Kentucky, (1986), the prosecutor in the case of James Kirkland Batson, removed all 4 ___________ individuals from the the jury ___________, and Kirkland was tried and convicted of second-degree robbery by an all-_______ jury.

The Supreme Court ruled removing prospective jurors based on __________ was a violation of the ________ __________ clause of the ___th Amendment.

This ruling established that ___________ challenges may not be used to excuse jurors based on _________.

Answer 108

Black; venire; white

race; Equal Protection; 14th

preemptory; race

Question 109

Lawyers, prosecution or defense, are also allowed to file motions, under ___________ for __________ to have __________ removed from presiding over a case. This usually comes as a result of legal counsel believing the judge has __________ in the case: e.g., he may have conflicting interest, like a ___________ stake in the outcome if a corporation is found guilty of criminal activity, may have a close relationship with either of the __________ or the ___________, etc. It shouldn’t take a motion for a judge to simply ____________ himself if there’s any question as to whether or not he will be the source of _________ or _________

Answer 109

challenge; cause; judges; bias; financial; attorneys; defendant; remove; prejudice; bias

Question 110

Recusal

Answer 110

Judge removing themselves from case based on conflict of interest/bias.

Question 111

Jury Instructions

Answer 111

instructions given to jury about the law.

Question 112

Defendants don’t have an ____________ right to be present at their own ___________. If they are _______________, or resorting to obnoxious, _____________ behavior in the Court, disrespecting the Court, the judge may have him _____________ until he/she agrees to conduct themselves ____________, have the bailiff _________ and __________ the defendant, or the defendant may be permanently ______________.

Answer 112

absolute; trial; disruptive; abusive; removed; properly; bind; gag; removed

Question 113

Having defendants appear in court in _____________ uniform and in _____________ may cause _____________ and ____________ against the defendant which may violate is ________ ____________ of law. Judges will sometimes have defendants shackled during the ____________ hearing when the death penalty is being imposed.

Answer 113

prison; shackles; prejudice; bias; due process; sentencing

Question 114

Opening Statements

Answer 114

Brief statement by prosecution and defense of the evidence they plan to present.

Question 115

Case-in-chief

Answer 115

Evidence that prosecution presents during trial.

Question 116

Prosecutors may present ______________, ______________ evidence, _____________ evidence, etc.

Answer 116

documents; scientific; physical

Question 117

Direct Examination

Answer 117

Prosecutor questions his witnesses.

(He may not ask leading questions –> questions that indicate the answer).

Question 118

Cross Examination

Answer 118

Defense subjects prosecution’s direct examination witnesses to questioning, to weaken / damage the prosecution’s direct examination.

Question 119

Redirect Examination

Answer 119

Prosecution may try to repair damage done to witness during cross examination.

Question 120

Recross Examination

Answer 120

Defense is afforded final opportunity to question prosecution’s one more time.

Question 121

Motion for Judgment of Acquittal

Answer 121

Motion entered by defense which alleges that “there’s no reasonable way it can be concluded that the prosecution has proven the guilt of the defendant beyond a reasonable doubt.”

Question 122

Rebuttal

Answer 122

Takes place once the prosecution’s “case-in-chief” is complete.

Thought to be the defense’s “case-in-chief.”

Question 123

During Rebuttal, the defense has the opportunity to call _____________ testifying on behalf of the defendant, present ___________, and rely on several ____________ defenses: including self-_____________, duress, alibi, etc.

Prosecution is also afforded the opportunity to _______ ______________ the defendant’s witnesses.

Answer 123

witnesses; evidence; affirmative; defense

cross examine

Question 124

Confrontation Clause

Answer 124

6th Amendment.
Defendants enjoy the right to be confronted with the witnesses against them.

Question 125

In Pointer v. Texas, (1965), the Supreme Court ruled that the ______________ clause is applied to the states through the ___th Amendment.

Answer 125

confrontation; 14th

Question 126

The ___________ ______________ procedure helps to protect the rights afforded by the ____________ ____________ of the 6th Amendment.

Answer 126

cross examination; confrontation clause

Question 127

Hearsay

Answer 127

When a witness cites what someone outside of the courtroom said to prove a given fact in the case.

Generally limited by the court.

Question 128

For a hearsay statement to be _____________ in court, there has to be sufficient ___________ of _______________ that the statement was actually made.

Answer 128

admissible; indicia; reliability

Question 129

The Supreme Court ruled in Crawford v. Washington, (2004), that ____________ evidence that is purely ____________ is, where the declarant of the statement is not present at trial to be cross examined, is inadmissible UNLESS the declarant was ________ ______________ earlier by the defendant.

Answer 129

hearsay; testimonial; cross examined

Question 130

Non-____________ ____________ evidence is admissible at trial when the statements were made in response to an ongoing _____________ and were not obtained / recovered for the purpose of gathering evidence.

Answer 130

testimonial; hearsay; emergency

Question 131

Compulsory Process Clause

Answer 131

6th Amendment Right

Defendants right to obtain witnesses, evidence, documents, etc. in his favor (required to defend himself).

Question 132

Burden of Proof

Answer 132

standard of proof that must be met to establish criminal conviction.

Question 133

2 Parts of Burden of Proof

Answer 133

Burden of Going Forward

Burden of Persuasion

Question 134

Burden of Going Forward

Answer 134

Prosecution’s responsibility to present evidence that establishes guilt.

Question 135

Burden of Persuasion

Answer 135

Falls on whatever party whose responsibility it is to persuade the jury.

Question 136

Beyond a Reasonable Doubt

Answer 136

Standard that prosecution has to meet in court to confirm defendant’s criminal guilt.

Question 137

Invented Response

Answer 137

When a prosecutor’s closing statements are a response to the arguments of the defense in an effort to “right the scale.”

Question 138

Jury Instructions are given to the __________ regarding the ________. These instructions are also given to the ______________ to consult as they’re forming their ____________ arguments.

Answer 138

jury; law; lawyers; closing

Question 139

Pattern Jury Instructions

Answer 139

Standard jury instructions

Question 140

Studies indicate that jurors have _______________ understanding the _________ instructions, especially considering they’re written in complicated __________ jargon.

Answer 140

difficulty; jury; legal

Question 141

Hung Jury

Answer 141

Jurors are unable to reach a verdict.

Question 142

Dynamite Charge
(Est. Allen v. United States, (1896))

Answer 142

If the majority finds the defendant guilty, the dissenting jurors ought to reconsider their opinion.

If the majority finds the defendant not guilty, the dissenting jurors ought to reconsider their opinion.

Question 143

Jury Poll

Answer 143

Poll given to individual jurors regarding whether they agreed with the verdict.

Question 144

No-Impeachment Rule

Answer 144

juror statements during deliberations that will not be used to “attack” the verdict.

Question 145

In Apodaca v. Oregon, (1972) the Supreme Court held that the Oregon law permitting jury ___________ based on a ____________ vote is constitutional, and that the __________ requirement that jury’s have a _____________ verdict Do NOT apply to the states. The commonsense _____________ of the community still comes across, and the defendant is still _____________ from prosecutorial __________ with a majority vote.

This ruling was overturned in 2020 in Ramos v. Louisiana; now juries are required to have a _______________ vote in __________ and ___________ court.

Answer 145

verdict; majority; federal; unanimous; judgment; safeguarded; abuse

unanimous; state; federal

Question 146

Jury Nullification

Answer 146

When the jury decides to acquit the defendant.

(Typically unappreciated by trial court judges because it cuts against jury instructions).

Jury will usually do this if they believe the law is unfair, or that punishment against the defendant is too extreme.

Question 147

Plea Bargain

Answer 147

Defendant pleads guilty to the crimes in exchange for a benefit from the prosecution.

Question 148

Plea Bargaining is _____________ to the administration of ____________. It is unconstitutional for a judge to accept a ______________ plea if the defendant has not met the requirement of a ________________ of trial in favor of the guilty plea.

Answer 148

essential; justice; guilty; waiver

Question 149

The necessary requirements for a guilty plea include…

• The judge informing the defendant of the ___________ of the crime’s he’s pleading __________ to, and the subsequent ______________ that follows that conviction.
• The judge must explain the ____________ of the defendant’s actions that constitute / befit the __________ to which he’s pleading ___________ to.
• Judge must ensure the ___________ is _______________, by the consent of the defendant and not the result of coercion or pressure of the prosecution.

Answer 149

nature; guilty; punishment

facts; crime; guilty

plea; voluntary

Question 150

Defendants may _____________ a _______ plea before the sentencing hearing, but ONLY when that _____________ is based on a “___________ and __________ reason” (i.e., like not be informed by a judge the ___________ of the crimes being pled guilty to, or the ______________ associated with the guilty plea).

Answer 150

withdraw; guilty; withdrawal; fair; just; nature; consequences