Chapter 1 pt.5 Flashcards

1
Q

Once a trial date is set..

A

Jury selection begins

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2
Q

The process of questioning the jurors is referred to as

A

Voir Dire

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3
Q

Prospective jurors are examined by the judge to determine whether there is any bias, prejudice or interest that would prevent the potential juror from being ________.

A

impartial

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4
Q

Jurors can be challenged for cause

A

true

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5
Q

Can a prospective juror who is related to or in some way connected to a party in the case be challenged for cause?

A

Yes

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6
Q

A challenge for which no reason needs to be given.

A

Peremptory challenge

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7
Q

Peremptory challenges are usually limited

A

True

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8
Q

There is no constitutional requirement that the jury verdict be unanimous, even in criminal cases.

A

True

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9
Q

Does a six person jury have to be unanimous?

A

Yes

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10
Q

Opening statements: first by the ______ and then by the _______.

A

prosecution

defense

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11
Q

The ______ may choose to reserve its opening statement until after the ________ has presented its evidence.

A

defense

prosecution

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12
Q

The defense may choose to reserve its opening statement until after the prosecution has present its evidence. This is referred to as

A

case-in-chief

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13
Q

The side that calls the witness to testify conducts what is called

A

Direct examination

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14
Q

The other side conducts what is referred to as

A

Cross Examination

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15
Q

What allows the original calling party to revisit the witness and rehabilitate his or her testimony if necessary.

A

Re-direct

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16
Q

If an attorney believes a witness is asked an improper question or the witness answers inappropriately, the attorney may make an _______.

17
Q

Common ______ raise challenges to relevancy, whether a question has been asked and answered, the use of leading questions whether a question is beyond the scope of the witness’s knowledge, and hearsay statements.

A

Objections

18
Q

Once an objection is raised, the judge will hear arguments from both attorneys and thereafter make a decision.

19
Q

If an objection is sustained, the judge has agreed with the side that objected, and the evidence or testimony ________.

A

May not be admitted

20
Q

If an objection is _________, the judge has agreed with the Non-objecting side, and the evidence or testimony may be admitted.

21
Q

Each side has the opportunity to summarize its case during

A

Closing arguments

22
Q

During closing arguments the _________ gets to go last, because it has the burden of proof.

A

Prosecution

23
Q

Instructions given to the jury include instructions on elements of the crime charged, the presumption of innocence, and the burden of proof

A

Jury instructions

24
Q

The burden of proof in criminal trials is

A

Proof beyond a reasonable doubt

25
Once the jury has received its instructions, it retires to the jury room to _______.
Deliberate
26
The trial remains in deliberations until a _________ is reached.
Verdict
27
In most jurisdictions, criminal verdicts must be
Unanimous
28
Failure to achieve a unanimous jury means that the case is declared a
Mistrial
29
Presenten e investigation and sentencing recommendations are to be conducted by __________.
Officers in a probation department
30
“You have the body”
Habeas Corpus
31
The ________ is considered an indirect appeal because it does not directly challenge the defendants conviction, but instead challenges the authority of the state to incarcerate the defendant.
Writ of habeas corpus