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ADJ 100 Week 5

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blueghost's version from 2017-03-25 12:28

Section 1

Question Answer
public prosecutorsindivs acting as trial lawyers who initiate and conduct cases in the governments name and on behalf of the peoplee
Brady ruleprosecutors are not permitted to keep evidence from the defendant that could be useful in showing innocence
attorney general*the chief law officer of a state; the chief law officer of the nation
relationship between the prosecutors and policesymbiotic
police are concerned with _ guilt while prosecutors are concerned with _ guiltfactual; legal
defense attorneythe lawyer representing the defendant
public defendercourt-appointed attorneys who are paid by the state to represent defendants who cannot afford private counsel
defense counsel programsassigned, contracting, public defender
Strickland v. Washingtontwo pronged test for determining whether const. requirements have been met by a public defender
attorney-client privilegerule of evidence requiring that communications between a client and attorney be kept confidential unless the client consents to disclosure (or discusses a crime that is YET to happen)
US v. Zolin exception to attorney-client that involves crimes YET to occur
initial appearancewithin 48 hours of arrest; an accused's first appearance before a judge or magistrate following arrest
baildollar amount or conditions set by court to ensure an indiv accused of a crime will appear for further criminal proceedings
Influencers in judge setting bailuncertainty, risk, overcrowded jails
release on recognizance (ROR)defendant is set free at no cost w/ understanding that he or she will return for the time of the trial
property bondsalt to posting bail in case, provides court with a property as assurance of return
bail bond agentbusinessperson who aggress, for a fee, to pay the bail amount on the defendant's behalf and must pay if the client doesnt show at court
preventive detentionretention of accused in custody because of fears of crime if released before trial; alt to bail
US v. Salernoupheld preventive detention
preliminary hearing appearance of defendant before judge who decides if evidence is sufficient for case to go to trial
discoveryformal investigation by each side prior to the trial
grand jurygroup of citizens called to decide whether probable cause exists to believe suspect committed the crime
informationthe formal charge against the accused issued by the prosecutor after a prelim hearing has found probable cause
indictmentcharge or written accusation, issued by grand jury, that probable cause exists
case attritionprocess through which prosecutors, who decide whether or not to prosecute, effect an overall reduction in the number of persons prosecuted
factors influencing whether prosecutors take the casesufficient evidence for conviction (most important), offense seriousness, if there are uncooperative victims, if there are unreliable victims, if the defendant is willing to testify against the offender
arraignmenta court proceeding in which the suspect is formally charged with the criminal offense stated in the indictment; responds with a plea of guilty or not guilty
nolo contendereneither an admission of guilt or a denial of guilt by the defendant
plea bargainingprocess by which the accused and prosecutor work out a conclusion to the case, subject to approval
plea bargaining accounts for ___ of criminal convictions in state courts97 percent
horizontal overchargingprosecutor brings a number of different counts for a single criminal incident
vertical overchargingprosecutor raises the level of charge above the proper place
Boykin formdefendant who pleads guilt and waves rights to a trial voluntarily
memorize

Section 2

Question Answer
statutes of limitationslaw limiting the amount of time prosecutors have to bring criminal charges after the crime has occurred
___ (crime type) usually do not have a statute of limitationsmurder and other death penalty offenses
jury trialtrial before a judge and jury
bench trialtrial without a jury, judge makes determination
size of juryno less than six members (Ballew v. Georgia), fewer than twelve allowed if both sides agree in writing
acquittaldeclaration following a trial that the individual accused is innocent
master jury listall eligible jurors in a community
veniregroup of citizens from which the jury is selected
voir direpreliminary questions that the trial attorney asks prospective jurors to determine bias or connection to the defendant or a witness
___ involves both written and oral questioning of potential jurorsvoir dire
challenge for causevoir dire challenge that states reason why potential juror is unfit
peremptory challengedoes not need to be substantiated, limited in number
what amendment allows witness confrontation6th
opening statementsattorneys' statements to the jury at the beginning of the trial
evidenceanything that is used to prove the existence of nonexistence of a fact
testimonyverbal evidence given by witnesses under oath
real evidenceevidence that is brought into court and seen by the jury, as opposed to described to the jury
lay witnesssomeone who can truthfully and accurately testify on a fact in question without having special knowledge or training
expert witnessprofessionally trained witness
expert witnesses can use these three types of informationpersonal knowledge on facts or data, material presented at trial, secondhand info given to the expert outside the courtroom
direct evidenceevidence that established fact in question W/O relying on inference
circumstantial (indirect) evidenceevidence that uses inference to establish the likelihood of a fact in question
relevant evidenceevidence that makes a fact more or less probable
direct examinationexamination of a witness by the attorney who calls the witness
confrontation clausepart of the 6th amendment at guarantees defendants the right to confront witnesses
cross-examinationquestioning of an opposing witness during trial
hearsayoral or written statement made by an out-of-court speaker that is later offered in court by a witness
___ is admissible hearsaya dying declaration
motion for directed verdictmotion requesting that the court grant judgment in favor of the defense on the group that the prosecution has not provided sufficient evidence
affirmative defensesself-defense, insanity, duress, entrapment
rebuttalevidence given to counteract or disprove evidence presented by opposing party
closing argumentsarguments made by each side after the cases for the plaintiff and defendant have been presented
chargethe judge's instructions to the jury
sequestrationisolation of jury to ensure sound and unbiased judgement
verdicta formal decision made by the jury
hung juryjury who cannot reach a verdict--no decision verdict
allen chargeinstruction by judge to jury to go back and reconsider the case when the jury comes with no decision
appealprocess of seeking a higher court to review decision for the purpose of correcting or changing
double jeopardyconst. law prohibiting prosecution in the same court for the same offense
when a court sees and then does not change a verdict it isremanded
wrongful convictionconviction of a person who is actually innocent of the charges
habeas corpusan order that requires corrections officials to bring an inmate before a court or judge and explain why he or she is being held in prison
memorize

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