Short answers Final Flashcards
(21 cards)
Define Hearsay:
out of court statement offered in court to prove the truth of the matter asserted
List 4 exceptions to the hearsay rule:
public records
Confessions
Child Abuse Outcry
Business Records
List 3 different kinds of plea bargains
Charge bargaining (lesser charge),
Count bargaining (plead to one, dismiss others),
Sentence bargaining (something less than the maximum sentence).
What is an Alford plea?
A Defendant who denies guilt, but takes the plea deal anyway. (judge must find strong evidence)
What are the 2 parts of burden of proof?
Burden of production and
Burden of persuasion
List 4 different types of evidence
Testimonial
Real or physical
Scientific
Demonstrative
What are the 2 main goals of jury selection/voir dire?
To 1) educate the venire and 2) be educated BY the venire
In Texas, how many jurors are required in misdemeanors/felonies?
Misd. = 6
Felony = 12
What are the 2 types of challenges involved in jury selection/voir dire?
Consists of 1) Peremptory strikes and 2) Challenges for Cause
Explain the CSI effect
Exaggerated portrayal of forensic evidence in court
What is an Allen or dynamite charge?
When a jury become deadlocked, judge tells jury that it would be best if they could make a decision, as no other court will have any more luck than they do.
What are the 2 competing constitutional protections involved in pre-trial publicity?
1st amendment and 6th amendment
What are the 3 options a judge has for dealing with pre-trial publicity problems?
Change of venue,
Gag order,
And sequestering jury
List 3 of the 5 sentencing theories and explain what they mean
Retribution,
Rehabilitation,
Incapacitation,
Restorative,
Deterrence
List 3 intermediate sanctions available during sentencing
Community service,
Boot camp (shock probation)
Gps monitoring (ankle monitor)
What is the name and year of the US Supreme Court case that held that the way the death penalty was being carried out was cruel and unusual punishment?
(hint: fur vs g)
Furman v. Georgia (1972)
What is the name and year of the US Supreme Court case that held that the death penalty was not always cruel and unusual punishment?
hint: (greg v g)
Gregg vs georgia (1976)
What is the minimum age in which the death penalty can be given? (time of offense)
18
Explain what the contemporaneous objection rule is
during trials, attorneys must make timely objections to judge’s rulings on points of law, or the objection will be deemed waived
What is the difference between harmful and harmless error?
Harmful error: may require reversal of case, hurts case integrity
Harmless error: doesnt legitimately effect case
How many appeals is a typical defendant entitled to?
1
