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prosecution > final > Flashcards

final Flashcards

1
Q

When does the discovery process begin and end?

A

Begins when the case is filed and ends when the case is concluded

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2
Q

does the prosecutor have to give all the discovery to the defense?

A

YES

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3
Q

What is work product?

A

the record of an attorney’s mental impressions, ideas or strategies, and is almost never subject to discovery. for example, the prosecutor meeting w witnesses to write down what they may say in testimony.

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4
Q

what is an exception to discovery

A

work product

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5
Q

are all murders homicides

A

yes

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6
Q

are all homicides murders

A

no

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7
Q

does the defendant have a right to not testify/not participate in depositions

A

yes

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8
Q

what is a false statement under oath?

A

purgatory

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9
Q

what is very necessary in discovery process

A

depositions

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10
Q

will the prosecutor listen to jail calls

A

yes

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11
Q

who are pretrial conferences scheduled by?

A

the court

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12
Q

what is criminal rule 4

A

you have to be trialed at least 6 months after being incarcerated or you can be released

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13
Q

does criminal rule 4 matter in pretrial conference

A

yes

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14
Q

what is essential and necessary to criminal justice system

A

plea bargaining

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15
Q

is plea bargaining a negotiation

A

yes

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16
Q

what is pretrial diversion?

A

f you get arrested for something minor you can get into an agreement with the state if you take classes they will get rid of the charge

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17
Q

is pretrial diversion a plea bargain

A

yes

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18
Q

how must plea bargaining be done right?

A

everyone must be doing their job properly. it comes down to the decision of the defendant.

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19
Q

who is the only person that can accept/deny a plea bargain

A

the defendant

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20
Q

will some prosecutors charge high in order to plead low?

A

yes

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21
Q

what do negotiations need to be done in?

A

good faith (no ulterior motives)

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22
Q

a plea agreement is a contract between who

A

the prosecutor and the defendant

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23
Q

is there a difference between executed time and suspended time?

A

yes

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24
Q

what is executed time?

A

time you serve in prison

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25
Q

what is suspended time?

A

time you serve on probation

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26
Q

is parole probation?

A

NO

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27
Q

what does it mean for a defendant to plead cold?

A

they plead exactly how the charges are written

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28
Q

do felony plea agreements have to be in writing?

A

yes

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29
Q

who has to sign a felony plea agreement?

A

the prosecutor, defense attorney, and defendant

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30
Q

do misdemeanor plea agreements have to be in writing?

A

no - just on record

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31
Q

what is the process for a plea agreement?

A

defendant has to know rights, defendant sworn into tell the truth, factual basis: defendant has to admit to the statutory requirements of that charge

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32
Q

can enhancements stand alone?

A

no

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33
Q

what do enhancements do?

A

increase penalty for a charged crime

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34
Q

who does discretionary go to and what does this mean?

A

to the prosector. They can do it but they don’t have to.

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35
Q

is death penalty an enhancement?

A

yes

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36
Q

do all murders qualify for the death penalty

A

no

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37
Q

states that dont have death penalty have what?

A

life without parole

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38
Q

what is felony murder?

A

when somebody dies during certain felonies

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39
Q

who can decide whether or not to charge death penalty/life without parole

A

prosecutor

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40
Q

habitual offender status

A

an enhancement that says there have been more than 2-3 felony charges

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41
Q

what is the first thing they do at a crime scene

A

figure out how the person died

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42
Q

once you have a suspect, what is the next step?

A

to gather probable cause

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43
Q

what do you get a search warrant with?

A

probable cause - based on probable cause for why you need the warrant

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44
Q

who issues search warrants and has to sign them

A

judges

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45
Q

what kind of information is suitable for getting a warrant

A

reliable and credible information

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46
Q

what is the criteria for what a warrant must be?

A

recorded (or in writing)
police officer must be under oath when saying what happened
search warrant must be specific and in writing
they go stale so only good for a certain amount of time

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47
Q

what is the most fundamentally protecting thing in criminal law

A

where you reside

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48
Q

if you consent to a search, can you withdraw that consent?

A

yes

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49
Q

what is exigent circumstances?

A

if evidence is being destroyed, they can go in before a warrant

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50
Q

what is hot pursuit?

A

can follow a fleeing suspect into a home without a warrant

51
Q

what are welfare checks?

A

suicide watch type situations don’t need warrants

52
Q

do automobiles have the same expectations of privacy?

A

NO

53
Q

is the odor of marijuana probable cause for a police officer to search your car?

A

yes

54
Q

what is inevitable discovery?

A

if they were going to find something anyways, even if taken without a warrant beforehand

55
Q

what branch does the prosecutor belong to?

A

executive

56
Q

can fungible evidence be altered?

A

yes

57
Q

examples of fungible evidence

A

blood, drugs, sweat

58
Q

can non-fungible evidence be altered?

A

no or difficult

59
Q

examples of non-fungible evidence

A

knives, guns, baseball bats

60
Q

what is an example of the fruit of the poisonous tree?

A

police collect evidence without a warrant, then later get a warrant to go get more evidence. the second evidence is now the fruit of the poisonous tree. They didn’t have a right to be there the first time, so they would never have found second evidence.

61
Q

if the police want to talk to a suspect do they have to record it?

A

yes

62
Q

if the police want to talk to a suspect do they have to read them their rights?

A

yes

63
Q

what do you clearly have to say if you don’t want to continue talking to the police/want a lawyer

A

I want to speak to a lawyer.

64
Q

does prosecution have to prove motive

A

no

65
Q

prosecutors resolves cases in these ways:

A

jury trial w verdict, bench trial w verdict, plea agreement, prosecutor dismisses the case

66
Q

what is a lie made under oath

A

purgatory

67
Q

is purgatory a felony

A

yes - a crime of dishonesty

68
Q

what is a bench trial

A

trial held w no jury just in front of judge

69
Q

what is section of the jury called

A

voir dire

70
Q

how are jurors selected

A

tax records, vehicle registrations

71
Q

does jury selection have to be random

A

yes

72
Q

why would someone get eliminated from the jury

A

if they may be biased

73
Q

how many people in jury for a misdemeanor case

A

6

74
Q

how many jurors for a felony case

A

12

75
Q

what must the verdict be in a criminal trial

A

unamious

76
Q

do both the prosecutor and the defense make an opening statement?

A

yes

77
Q

when the prosecutor starts to present what is it called?

A

prosecutors case in chief

78
Q

can the defense present again after the case in chief

A

yes

79
Q

do both sides give a closing argument?

A

yes

80
Q

what is it called when the jury can’t reach a decision

A

hung jury

81
Q

after a hung jury, who is up to whether they retry the case or not?

A

the prosecutor

82
Q

what is a mistrial?

A

something so significant has happened in the trial that it can’t be fixed
ex: Someone gets on the stand and says “they have been convicted of this before” makes the jury biased

83
Q

what is evidentiary harpoon?

A

evidence that is presented to try to bias the jurors

84
Q

what is motion for a directed verdict?

A

“the prosecutor has not proven beyond a reasonable doubt”

85
Q

what is motion to strike

A

when something has happened or somebody has said something, they tell the jury to forget that was ever said.

86
Q

can the jury have laptops, iPads, cellphones

A

no

87
Q

can the jurors go home and discuss the trial

A

no

88
Q

will you usually end up with jury trials or pleas

A

pleas

89
Q

what are the options for a verdict

A

guilty or not guilty

90
Q

can the prosecutor comment on whether or not the defendant will be testifying

A

no

91
Q

once the jurors are sworn in, what attaches?

A

double jeopardy - if the prosecutor wants to cancel the trial, they can but it can never be tried again

92
Q

what are two examples of defense?

A

self- defense and alibi

93
Q

what is self-defense

A

yes i hit them, but they hit me first

94
Q

what is an alibi

A

i didn’t do it and here’s why

95
Q

do defenses have to be plead in advance

A

yes

96
Q

are sanity and insanity legal terms

A

yes

97
Q

in insanity, what can’t the defendant differentiate between?

A

right and wrong

98
Q

what is an executed sentence

A

the defendant will do the full length of time that they were sentenced

99
Q

what are mitigators?

A

things that make the sentence less. ex: age of defendant, lack of criminal history, education background

100
Q

what are aggravators

A

things that make the sentence more. ex: do they have violent offenses, failed probation, etc.

101
Q

can defendants appeal after sentencing?

A

yes

102
Q

can defendants appeal if it is a set sentence?

A

no

103
Q

how long are courts required to keep evidence for?

A

20-50years

104
Q

what specialty courts does monroe county have?

A

drug courts, mental health courts, veteran courts, and reentry courts

105
Q

what is drug treatment court for?

A

people who are addicted to drugs, alcohol, and/or other substance. crime committed has to do with addiction

106
Q

are specialty courts voluntary to the defendant?

A

yes

107
Q

what are the three main parts of specialty courts?

A

show up, work hard, and be honest

108
Q

how much of crime is directly related to drugs and alcohol?

A

85%

109
Q

what is pretrial release?

A

the release of an individual pending trial

110
Q

is the fruit of poisonous tree admissible?

A

no

111
Q

if the prosecutor cannot reach their burden of proof, what will the defendant be found?

A

not guilty

112
Q

when can a prosecutor dismiss a case?

A

at anytime

113
Q

will a search warrant go stale

A

yes

114
Q

are the death penalty and life without parole enhancements

A

yes

115
Q

is suspended time probation?

A

yes

116
Q

are not guilty by reason of insanity and guilty by mentally ill are 2 different things

A

yes

117
Q

35

A

true

118
Q

43

A

true

119
Q

2

A

true

120
Q

50

A

true

121
Q

18

A

true

122
Q

13

A

false

123
Q

15

A

true

prosecution (1 decks)

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