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Evidence
| Question | Answer |
|---|---|
| what are two main levels of courts | Federal and state |
| what’s special about federal court | The federal court has he final say in interpreting the US constitution |
| What’s special about the state court system | - Hear cases involving violations of state criminal law –Each state has its own court system –States hear many more criminal cases than federal courts |
| What are the 4 different level of court within each system | Minor courts , intermediate courts, trail courts ,final appeal |
| what are minor courts called | Often called “magistrates” or “justices of the peace” |
| what do minor courts do | issue arrest an search warrants ,conduct preliminary criminal hearings, conduct low level trials(summary offenses) |
| who is appointed by president and confirmed by senate | federal magistrate |
| who is elected by the public | state minor court judges |
| what do trial courts do | conduct most criminal trials an sentencing proceedings at federal an state levels involved in pre-trial processes make rulings on the admissible evidence b4 trial most criminal proceedings happen b4 a trial court |
| explain intermediate appellate courts | these courts appeals directly from trial courts defendants have the right to appeal a conviction prosecutors are not allowed to appeal an acquittal |
| explain the court of final appeal | could hear appeals from trial court in states w/ no intermediate appellate court death penalty cases can be appealed to this court in fed/state jurisdiction |
| is the final appeal a matter of permission or right | permission is needed where there is an intermediate appellate courts |
| you have a right in which courts | magistrates,trial court,and intermediate appellate courts |
| what cases can the jurisdiction hear | only federal crimes |
| jurisdiction | the right to get involved / have the authority |
| who has jurisdiction over violations of the federal criminal law | federal courts |
| who has the power of the court to hear a case | jurisdiction |
| opinions issues by district judges are published in what | federal supplement and federal rules decisions |
| federal rules decisions what is it | special reporter for decisions relating to the federal rules of courts also the appellate court you can appeal all the evidence that was entered |
| federal supplement what is it | general reporter for all U.S district court decisions |
| the defendant can only appeal up to what court | intermediate appellate court |
| Mann act | statute that criminalizes conduct that crosses state lines and once you cross state lines feds can get brought into the case |
| how many justices are in the supreme court | 9 |
| how can a decision of the U.S supreme court go | on a constitutional issues can only be overturned by a later decision of that court or a constitutional amendment |
| when can a defendant be tried in both courts | when they violate both federal an state criminal law |
| long arm statute | states may prosecute crimes committed in other states which have detrimental effects within the state |
| article IV of the U.S constitution | a fugitive from one state who flees to another will be extradited to the state where violation occurred |
| what is the important thing to understand about criminal law | the important thing is to understand determine the guilt on whether the action violated society |
| what does criminal codes/ statutes contain | they have elements of each crime both state an federal laws |
| Actus reus | whether they intended to do the crime "act" |
| crimes of omission | failure to perform legally required act / not helping an on going act |
| a person acts intentionally when he acts with a conscious purpose to commit the crime | mens rea |
| general intent | the intent to act the crime |
| specific intent | commit some additional act |
| what is another word for conditions | circumstances that surrounds the act |
| what is harm | any kind of harm but it has to be proven |
| if harm is an element what about causation | causation must be proven harm has to be caused by the defendant |
| an individual has to know that it would've caused harm at the time of a crime what is that called | foreseeablilty which means the harm was foreseeable consequence of a crime |
| what are 2 types of defenses | excuses and justifications |
| excuses | claim that the defendant actions though wrongful shouldn't be punished |
| what is castle exception | retreat not require if at home |
| what is retreat doctrine | requires defendant to retreat from danger if possible and if not possible force can be used to counter threat |
| how far can a injury situation go | the defendant belief s/he is in bodily harm it doesn't matter what kind of injury |
| what is defense of property | 1.force used to protect property from destruction or theft 2. not available to justify use of deadly force or serious bodily injury |
| can you use a justified use of force to defend your property | You can used a use force to protect your property as long as no deadly force for use |
| what is privilege when talking about justifications | defendant has a legal right to commit the crime |
| how can the defendant be considered insane | s/he must prove that s/he suffers from a mental disease |
| can you use alcohol as a defense | no |
| hypothetically if a man commits while drunk the only way he can use intoxication is? | he can use it as a excuse if it was voluntary |
| what is entrapment | law enforcement invites a defendant to commit a crime |
| probable cause vs guilty in a trial | beyond a reasonable doubt |
| explain booking | 1.routine procedures (fingerprinting,photos,recording info 2.a lawful arrest makes any evidence lawfully obtained during booking admissible |
| complaint what is it | writing up your probable cause / written statement of essential facts |
| first appearance | preliminary hearing is scheduled opportunity to request counsel defendant appears b4 magistrate an informed of charges |
| what is the purpose of a preliminary hearing | to test the prosecutor to see if the case can go to trial |
| when testing the prosecutors case is it open to the public | no its closed to the public like a secret |
| true or false when it comes to an arraignment you are expected to enter a plea | true |
| what are 3 different pleas a defendant can ask for | guilty,not guilty, nolo contendere (no contest ) |
| what is a nolo contendere (no contest) | same as a guilty plea also it cant be used as evidence of liability in civil trial |
| proffer session | prosecutors go over all evidence for a plea |
| trial stage 5 : closing arguments what cant be included | restricted to evidence actually presented / cannot include evidence which is excluded at trial |
| what can not be entered in opening arguments | Opening arguments can not be about evidence that can’t go end aswell as the closing arguments can’t talk about evidence if you didn’t mention it before |
| what are some jury instructions | court instructs the jury on legal issues relevant to the case parties may request info on certain points of law instructions may provide by court in form of "model jury instructions" |
| deliberation an verdict what can the jury do | they can only consider evidence put into record at triial |
| what is the reason for pre -arrest investigation | to establish cause to arrest ,witness statement , additional physical evidence |
| search incident to arrest whats another word for this an explain what they do | Evidence gather during an arrest /preserve evidence located on person or in immediate viciinty of defendant |
| When are Miranda rights given | Miranda rights are only given when an individual is being question |
| United States circuit courts of appeals | Presided over by United States Circuit Judges –Hear appeals from districts within the circuit’s jurisdiction –Opinions issued by Circuit Judges are published in the ▪Federal Reporter (now in its third series) |
| What’s the difference between guilty an a nolo contendere | Guilty plea can be used against you in a civil or criminal unlike nolo contendere |
| Trial stage 1: jury selection | The jury is questioned an then selected by the parties such as the judge (voir dire) |
| Trial stage 2 : opening statements what does it consist of | Provides a roadmap of evidence for the jury to hear |
| What an not be included in a trial when talking about evidence | Any evidence that the judge says is not admissible |
| Trial stage 3: prosecutors case in chief explain what they do | Main goal is to present the evidence |
| How can a case become a mistrial | When a jury is exposed to wrong evidence the judge has to evaluate the evidence to determine a mistrial is needed or ignore it |
| Explain judgement of acquittal (trial stage 3 ) | Defendant can make a motion for judgment of acquittal – Asks court to find defendant not guilty as matter of law – Based on failure of prosecutor to present evidence of guilt beyond reasonable doubt |
| can a judge change a verdict the jury made | No |
| when are Miranda rights given | Only given when a person is being questioned |
Created by:
MyMy2901
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