final Flashcards
(123 cards)
1
Q
When does the discovery process begin and end?
A
Begins when the case is filed and ends when the case is concluded
2
Q
does the prosecutor have to give all the discovery to the defense?
A
YES
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.
4
Q
what is an exception to discovery
A
work product
5
Q
are all murders homicides
A
yes
6
Q
are all homicides murders
A
no
7
Q
does the defendant have a right to not testify/not participate in depositions
A
yes
8
Q
what is a false statement under oath?
A
purgatory
9
Q
what is very necessary in discovery process
A
depositions
10
Q
will the prosecutor listen to jail calls
A
yes
11
Q
who are pretrial conferences scheduled by?
A
the court
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
13
Q
does criminal rule 4 matter in pretrial conference
A
yes
14
Q
what is essential and necessary to criminal justice system
A
plea bargaining
15
Q
is plea bargaining a negotiation
A
yes
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
17
Q
is pretrial diversion a plea bargain
A
yes
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.
19
Q
who is the only person that can accept/deny a plea bargain
A
the defendant
20
Q
will some prosecutors charge high in order to plead low?
A
yes
21
Q
what do negotiations need to be done in?
A
good faith (no ulterior motives)
22
Q
a plea agreement is a contract between who
A
the prosecutor and the defendant
23
Q
is there a difference between executed time and suspended time?
A
yes
24
Q
what is executed time?
A
time you serve in prison
25
what is suspended time?
time you serve on probation
26
is parole probation?
NO
27
what does it mean for a defendant to plead cold?
they plead exactly how the charges are written
28
do felony plea agreements have to be in writing?
yes
29
who has to sign a felony plea agreement?
the prosecutor, defense attorney, and defendant
30
do misdemeanor plea agreements have to be in writing?
no - just on record
31
what is the process for a plea agreement?
defendant has to know rights, defendant sworn into tell the truth, factual basis: defendant has to admit to the statutory requirements of that charge
32
can enhancements stand alone?
no
33
what do enhancements do?
increase penalty for a charged crime
34
who does discretionary go to and what does this mean?
to the prosector. They can do it but they don't have to.
35
is death penalty an enhancement?
yes
36
do all murders qualify for the death penalty
no
37
states that dont have death penalty have what?
life without parole
38
what is felony murder?
when somebody dies during certain felonies
39
who can decide whether or not to charge death penalty/life without parole
prosecutor
40
habitual offender status
an enhancement that says there have been more than 2-3 felony charges
41
what is the first thing they do at a crime scene
figure out how the person died
42
once you have a suspect, what is the next step?
to gather probable cause
43
what do you get a search warrant with?
probable cause - based on probable cause for why you need the warrant
44
who issues search warrants and has to sign them
judges
45
what kind of information is suitable for getting a warrant
reliable and credible information
46
what is the criteria for what a warrant must be?
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
47
what is the most fundamentally protecting thing in criminal law
where you reside
48
if you consent to a search, can you withdraw that consent?
yes
49
what is exigent circumstances?
if evidence is being destroyed, they can go in before a warrant
50
what is hot pursuit?
can follow a fleeing suspect into a home without a warrant
51
what are welfare checks?
suicide watch type situations don't need warrants
52
do automobiles have the same expectations of privacy?
NO
53
is the odor of marijuana probable cause for a police officer to search your car?
yes
54
what is inevitable discovery?
if they were going to find something anyways, even if taken without a warrant beforehand
55
what branch does the prosecutor belong to?
executive
56
can fungible evidence be altered?
yes
57
examples of fungible evidence
blood, drugs, sweat
58
can non-fungible evidence be altered?
no or difficult
59
examples of non-fungible evidence
knives, guns, baseball bats
60
what is an example of the fruit of the poisonous tree?
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
if the police want to talk to a suspect do they have to record it?
yes
62
if the police want to talk to a suspect do they have to read them their rights?
yes
63
what do you clearly have to say if you don't want to continue talking to the police/want a lawyer
I want to speak to a lawyer.
64
does prosecution have to prove motive
no
65
prosecutors resolves cases in these ways:
jury trial w verdict, bench trial w verdict, plea agreement, prosecutor dismisses the case
66
what is a lie made under oath
purgatory
67
is purgatory a felony
yes - a crime of dishonesty
68
what is a bench trial
trial held w no jury just in front of judge
69
what is section of the jury called
voir dire
70
how are jurors selected
tax records, vehicle registrations
71
does jury selection have to be random
yes
72
why would someone get eliminated from the jury
if they may be biased
73
how many people in jury for a misdemeanor case
6
74
how many jurors for a felony case
12
75
what must the verdict be in a criminal trial
unamious
76
do both the prosecutor and the defense make an opening statement?
yes
77
when the prosecutor starts to present what is it called?
prosecutors case in chief
78
can the defense present again after the case in chief
yes
79
do both sides give a closing argument?
yes
80
what is it called when the jury can't reach a decision
hung jury
81
after a hung jury, who is up to whether they retry the case or not?
the prosecutor
82
what is a mistrial?
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
what is evidentiary harpoon?
evidence that is presented to try to bias the jurors
84
what is motion for a directed verdict?
"the prosecutor has not proven beyond a reasonable doubt"
85
what is motion to strike
when something has happened or somebody has said something, they tell the jury to forget that was ever said.
86
can the jury have laptops, iPads, cellphones
no
87
can the jurors go home and discuss the trial
no
88
will you usually end up with jury trials or pleas
pleas
89
what are the options for a verdict
guilty or not guilty
90
can the prosecutor comment on whether or not the defendant will be testifying
no
91
once the jurors are sworn in, what attaches?
double jeopardy - if the prosecutor wants to cancel the trial, they can but it can never be tried again
92
what are two examples of defense?
self- defense and alibi
93
what is self-defense
yes i hit them, but they hit me first
94
what is an alibi
i didn't do it and here's why
95
do defenses have to be plead in advance
yes
96
are sanity and insanity legal terms
yes
97
in insanity, what can't the defendant differentiate between?
right and wrong
98
what is an executed sentence
the defendant will do the full length of time that they were sentenced
99
what are mitigators?
things that make the sentence less. ex: age of defendant, lack of criminal history, education background
100
what are aggravators
things that make the sentence more. ex: do they have violent offenses, failed probation, etc.
101
can defendants appeal after sentencing?
yes
102
can defendants appeal if it is a set sentence?
no
103
how long are courts required to keep evidence for?
20-50years
104
what specialty courts does monroe county have?
drug courts, mental health courts, veteran courts, and reentry courts
105
what is drug treatment court for?
people who are addicted to drugs, alcohol, and/or other substance. crime committed has to do with addiction
106
are specialty courts voluntary to the defendant?
yes
107
what are the three main parts of specialty courts?
show up, work hard, and be honest
108
how much of crime is directly related to drugs and alcohol?
85%
109
what is pretrial release?
the release of an individual pending trial
110
is the fruit of poisonous tree admissible?
no
111
if the prosecutor cannot reach their burden of proof, what will the defendant be found?
not guilty
112
when can a prosecutor dismiss a case?
at anytime
113
will a search warrant go stale
yes
114
are the death penalty and life without parole enhancements
yes
115
is suspended time probation?
yes
116
are not guilty by reason of insanity and guilty by mentally ill are 2 different things
yes
117
35
true
118
43
true
119
2
true
120
50
true
121
18
true
122
13
false
123
15
true
