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Criminal Evidence > Midterm 1 > Flashcards

Midterm 1 Flashcards

(54 cards)

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1
Q

origins of law in the US can be traced back to ___?

A

England

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2
Q

habeas corpus

A

ensures that an individual cannot be held in detention without cause

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3
Q

bills of attainder

A

legislative punishment imposed on an individual without trial

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4
Q

ex post facto laws

A

to declare a legal act criminal after the fact

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5
Q

judicial review

A

the right to define the meaning of the Constitution and to throw out federal, state, and local laws as unconstitutional that do not conform to the Constitution

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6
Q

Marbury v. Madison

A

US Supreme Court claimed authority of judicial review

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7
Q

4th amendment

A

unreasonable searches and seizures, warrants, right to be secure in one’s home etc

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8
Q

5th amendment

A

indictment by grand jury, prohibition against double jeopardy, right against self-incrimination, due process, right to not testify against themself

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9
Q

6th amendment

A

speedy and public trial, impartial jury, informed charge, confrontation w witnesses, obtaining witnesses, right to lawyer

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10
Q

8th amendment

A

excessive bail, fines, cruel and unusual punishment

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11
Q

what does the Supreme Court consist of?

A

a chief justice and 8 associate justices

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12
Q

two primary ways for a case to reach the Supreme Court

A
  1. original jurisdiction: disputes between federal gov and a state, between states, foreign cases.
  2. writ of certiorari: may take an appeal from the decision of a court of appeals. They will also review state supreme court decisions on the constitution. 4 judges must vote to grant
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13
Q

majority opinion

A

5/9 Supreme Court justices are required to agree

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14
Q

Supreme Court

A

highest court, 9 justices, appeals through certiorari process

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15
Q

Courts of Appeal

A

intermediate level, 12 regional circuit courts, strictly appellate

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16
Q

district courts

A

lowest level, original jurisdiction over most cases

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17
Q

bench trial

A

a case in which a judge sits without a jury

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18
Q

nationalization is referred to as ___

A

the constitutionalization of the Bill of Rights

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19
Q

federalism

A

states are free to establish criminal procedures that do not violate fundamental rights proceed under due process

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20
Q

The Federal Rules of Evidence

A

set of rules on evidence that combined common law with recent developments

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21
Q

Uniform Rules of Evidence

A

an effort to standardize state laws of evidence, follows the Federal Rules

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22
Q

what do the rules of evidence ensure?

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A
  • both the prosecution and defense follow the same rules
  • promote societal values
  • one side does not have unfair advantage over the other
  • excludes irrelevant/repetitive evidence
  • “best evidence” is presented ie original documents
  • limits emotion motivated evidence
  • limit lawyers ability to influence outcome through verbal abuse or misrepresentation
23
Q

burden of proof

Study These Flashcards
A

responsibility one side has in proving a claim. ie: in criminal trial the burden of proof lies within the prosecution

24
Q

relationship between burden of proof and guilt beyond a reasonable doubt and roles of judge/jury

Study These Flashcards
A

prosecution carries the burden of proof in proving a claim is true
the jury then has to decide without a reasonable doubt about the defendant’s guilt
the judge ensures that the trial adheres to the law and that it is conducted fairly

25
significance of precedent
precedent acts as a guiding rule using past similar cases to ensure predictable and consistent rulings. this ensures equal treatment
26
preliminary hearing
prosecutors files a writ that is reviewed by a judge
27
grand jury
the prosecutor files a criminal complaint, and a grand jury decides whether or not to issue an indictment
28
pretrial motions
the defendant may file pretrial motions to challenge violations of their constitutional rights
29
complaint
filed by a police officer, prosecutor, or private citizen which starts a criminal case. if arrested before complaint, the complaint is sworn by officer. lists the charges, elements of crime, and facts/penalties
30
first appearance
judge informs defendant of the charges and their rights. bail may be set at this time
31
preliminary hearing
judge determines if there is probable cause that a crime was committed and the defendant is the one responsible. it's a critical stage where the defendant is able to counsel.
32
grand jury
purpose is to check overzealous prosecutions. they return an indictment if they decide there are ground for trial. they may provide a presentment(report on criminal activity) to court
33
arraignment
defendant is brought before judge, informed of charges, and enters plea: not guilty, not guilty by insanity, nolo contendere(i do not want to contest the criminal charge), guilty
34
motion to suppress
required prior to trial when defense is aware of possibility to object against unlawful evidence
35
plea bargaining
agreement between prosecution and defense where defendant enters guilty plea.
36
trial
opening statements, prosecution's case-in-chief, defense's case-in-chief, prosecution's rebuttal, defendant's surrebuttal, closing arguments, jury instruction, jury deliberations, jury unanimity, verdict
37
presentence report
contains info about defendant: criminal record and financial condition and other info that may influence the defendant's future behavior. impact of crime and possible types of sentences available
38
sentencing hearing
lawyers are able to describe aggravating circumstances in support of a alternative sentencing. the defendant is also allowed to make a statement(right of allocution)
39
general rule to appeal
defendant must first object at trial
40
habeas corpus
a noncriminal lawsuit where the petitioner asks the court for a writ on the grounds that they are being unlawfully detained
41
rule 401 test for relevant evidence
a) it has tendency to make a fact more or less probable(probative value) b) the fact is of consequence in determining the action
42
rule 402 general admissibility of relevant evidence
evidence is admissible unless any of the following says otherwise - US Constitution - federal statute - Federal Rules of Evidence, or - other rules prescribed by Supreme Court
43
rule 403 excluding relevant evidence for prejudice, confusion, waste of time, or other
1. probative value 2. dangers(unfair prejudice, confusion, misleading the jury) or considerations(undue delay, wasting time, needlessly presenting cumulative evidence) 3. balance
44
fact witnesses
testify facts related to crime; eyewitnesses/overheard, testify about circumstantial evidence
45
expert witnesses
help the jury understand the significance of facts presented at trial. specialized knowledge. education, work experience, specialization
46
character witnesses
testify about the character of a party or witness, not the facts. need to know background of the defendant
47
real evidence
physical evidence that is directly related such as a firearm, bloody shirt, or drugs. evidence you can see, feel, smell. must be authenticated by a witness who testifies that it's genuine
48
documentary evidence
written info, video/audio recordings
49
demonstrative evidence
visual aids to help understand facts in a case. charts, tables, graphs, anatomical models, computer simulations, ppt.
50
rule 404 character evidence; crimes or other
prohibited: not admissible to prove that on a particular occasion the person acted in accordance with said trait. exceptions: defendant may offer evidence of trait, and if the evidence is admitted the prosecutor may rebut it.
51
rule 405 methods of proving character
by reputation or opinion by specific instances of conduct
52
modus operandi
an exception to the rule that prior crimes generally are excluded from evidence. modus operandi evidence is admissible to prove defendant's identity as perp or used to rebut defendant's denial of guilt. crimes must be nearly identical
53
other acts evidence and circumstantial evidence
- intent - knowledge - motive - threats - opportunity - acts not performed accidentally - prior false claims - plan - preparation
54
rule 412 sex offense cases: victim's sexual behavior or predisposition
prohibited: evidence offered to prove victim engaged in sexual behavior or predisposition exceptions: evidence of specific instances of sexual behavior if to prove source of semen, injury. evidence w respect to person accused of sexual misconduct if to prove consent. if exclusion of evidence violated constitutional rights

Criminal Evidence (1 decks)

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