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Law 6
Trials
| Question | Answer |
|---|---|
| what are the two types of trial? | civil trial and criminal trial |
| criminal trial | the state/county/city brings a charge(s) against one or more defendants. A prosecutor represents presents the evidence to prove beyond a reasonable doubt that the defendant is guilty as charged. the prosecutor has the burdent of proof. |
| What system does the criminal trial use? | the adversary system |
| adversary system | both sides can use skilled advocates to present their case. Advocates point out the weakness of the other side. aid the jurge/jury in determining the truth |
| what does the 6th amendment provide? | an attorney/ the right to counsel (right was guaranteed by Gideon v. Wainwright) |
| Even if the defendant is gulity, what good is an attorney? | can ensure that the defendant is treated fairly. He can arrange a plea bargain, probation, reduced sentence, etc. |
| what is meant by information is privileged | attorney may not reveal that his defendant is guilty, even in court |
| What % of all cases go to trial? | less than 10% |
| What happens to the 90% of case that do not go to trial? | they are handled in different ways involving numerous other lawyer interactions |
| roles of the prosecutor | 1) determine if and what law violation has occured 2) determine if a case should be taken to court 3)decide what evdience and witnesses are needed for trial 4) prepare legal papers 5) negotiate a plea bargain 6) present info to punish the guilty |
| role of the defense attorney | 1) seek release from jail or bail reduction 2) plea bargain or enter a guilty plea from client 6) locate witnesses/evidence that aid the client 7) present info to minimize the client penalty if guilty |
| a plea bargain is worked out between the | defense attorney and the prosecutor |
| after plea bargain is worked out, it must then be approved by the | judge, who is the final authority |
| 3 important elements of the American criminal justice process | 1) defendant is innocent until proven guilty 2) the burden of proof is on the prosecution 3)the trial itself must be fair (due process) |
| what % of all cases does a defendant waive his right to a preliminary hearing? | 50% |
| nolo contendere | (no contest) same as a guilty plea, except that a conviction cannot be used as evidence against a defendant in a civil proceeding |
| Jencks v. U.S. | Court says that the prosecution must provide information regarding their case in order for the trial to be fair. Defense attorney can request the information |
| a suppression hearing hears | challenges to a confession/hear the cause for arrests and searches and seizures |
| a suppression heawring is requested in cases like | narcotics possessions or distruction or homicide cases |
| who chooses whether the trial is to be heard by a judge or a jury? | the defendant |
| A majority of criminal cases in the U.S. are heard by a | jury |
| A juror is excused if | the judge or either attorney feels that the juror is not qualified to hear the case. |
| What is said in the opening statement? | nature of the case, evidence that will be presented, the facts they expect to prove. |
| who says the opening statement first? | the prosecution goes first, than the defense attorney |
| demonstrative evidence | includes exhibits used in the crime, or photos of the crime scene. |
| circumstantial evidence | indirect evidence - the jury use it to make an inference |
| corroborating evidence | evidence that confirms other previously introduced evidence or testimony |
| admissible evidence | evidence that can legally be use in court |
| What if the judge disagree with an objection? | he will overrule the objection and allow the evidence to be admitted |
| the 6th amendment requires that the defendant has the right to | cross-examine a witness against him |
| what is a significant element of the adversary element? | cross-examination, to ensure that all facts come out |
| what is meant by "using an alibi defense" | the defense attorney will attempt to prove that his client is not guilty by introducing evidence that the client was at another location when the crime was supposed to have occurred |
| self defense can be claimed in the case of | an assault or homicide, The defense does not dey that the action took place, only the provocation. |
| defense of entrapment | (common with drug arrests) defense will attempt to show that the police conduct pursuaded the defendant to commit a crime he would not have committed otherwise |
| the 2 main restriction on police conduct | cannot use tactics aimed to be unfair, nor can they persuade a person to commit a crime. |
| how is insanity proven? | the defense must show that at the crime time the defendant was not able to know right from wrong due to some mental illness. |
| defense of diminished responsibility | introduce evidence that defendant was intoxicated, influenced by drugs, or not in full control of his actions. |
| Who instruct the jury on its specific duties? | the judge |
| What will the judge explain to the jury? | what evidence it may consider, what must be proven to get a conviction, what choices the jury has. |
| prosecutor closing arguments | the prosecutor present a summary closing statement, reviewing evidence presented can call on the judge or jury to find the defendant guilty. |
| what if a mistake is made during the trial? | the judge may be forced to declare a mistrial. The trial would end and the jury be released. The prosecutor would examine the circumstances and decide if further prosecution would be justified |
| After summation, the judge orders the jury to | go to the jury room for deliberation. |
| What percent of the jury have to agree if the defendant is guilty or innocent? | the verdict has to be unanimous |
| what if the jury cannot make a unanimous decision after a lengthy period of time? | it becomes a hung jury, and a mistrial is declared by the judge. The prosecutor must decide whether to request another trial with a different jury |
| Who reads the verdict? | the foreperson |
| 4 possible verdict in Utah | 1) guilty 2) not guilty 3) not guilty by reason of insanity 4)guilty and mentally ill |
| Adult Probation and Parole (AP&P) | prepare a confidential report for the judge which may contain the defendant's adult and juvenile record, defendant's statements, drug and alcohol history, family history, probabtion history. |
| Powell v. Alabama | insure that the defendant receives a due process |
| State Attorney General's Office | handles appeal for a case in limited circumstances. |
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