Judicial Process Final Exam

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Kall
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252995
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Judicial Process Final Exam
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2013-12-13 12:54:46
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  1. Statute of Limitations
    A law limiting the amount of time prosecutors have to bring criminal charges against a suspect after the crime has occurred.
  2. Rebuttal
    Evidence given to counteract or disprove evidence presented by the opposing party.
  3. Bench Trial
    A trial conducted without a jury, in which a judge makes the determination of the defendant’s guilt or innocence.
  4. Allen Charge
    An instruction by a judge to deadlocked jury with only a few dissenters that asks the jurors in the minority to reconsider the majority opinion.
  5. Hung Jury
    A jury whose members are so irreconcilably divided in their opinions that they cannot reach a verdict.
  6. Immunity
    They agree to testify but no information they give can be used against them.
  7. Surrebuttal
    After rebuttal stage, the defense is given the opportunity to cross-examine the prosecution’s new witnesses and introduce new witnesses of its own.
  8. Corpus delicti
    In Latin, “Body of the offense.” Substantial facts that show a crime has been committed.
  9. Leading Questions
    Questions that might suggest to the witness a particular desired response.
  10. Hearsay
    An oral or written statement made by an out-of-court speaker that is later offered in court by a witness concerning a matter before the court. Not usually admissible in court.
  11. dying declaration
    When a person is dying, if he or she says something about a case they were a witness of, it can be used in court. The person who heard it will then be the witness who testifies.
  12. jury nullification
    An acquittal of a defendant by a jury even though the evidence presented and the judge’s instructions indicate that the defendant is guilty.
  13. Barker vs Wingo
    The Supreme Court refused to quantify speedy ruling that only in situations in which the delay is unwarranted and proved to be prejudicial can the accused claim a violation of the 6th Amendment rights.
  14. Voir Dire
    The preliminary questions that the trial attorneys ask prospective jurors to determine whether they are biased or have any connection with the defendant or a witness.
  15. Charging Conference
    The attorney auggest the instructions they would like to see be sent to the jurors, but the judge makes the final decision as to the charges submitted.
  16. Lay witness
    A person who testifies on factual matters that would be understood by the average citizens.
  17. CSI effect
    When jurors believe there should be a CSI evidence and when there isn’t they let them go.
  18. Motion for Directed Verdict
    A motion requesting that the court grant judgment in favor of the defense on the ground that the prosecution has not produced sufficient evidence to support the state’s claim.
  19. Rape Shield Laws
    Without these victims would have to suffer embarrassing and degrading cross-examination, these laws ensure that the defendants are convicted or acquitted based on relevant evidence, and it also encourages victims to report incidents by protecting their privacy. The 6th Amendements gives the defendant the right to question their accusers, the victim’s prior sexual history is relevant to the issue of whether he or she consented, and the exceptions of the rape shield laws are rendered meaningless.
  20. Writ of Habeas Corpus
    An order that requires corrections officials to bring an inmate before a court or a judge and explain why he or she is being held in prison.
  21. Discuss the differences between challenges of jurors for cause and peremptory challenges during voire dire
    If a defense attorney or prosecutor feels that a prospective juror is unfit, they may exercise a challenge for cause and request that that person not be included on the jury. They must provide a sound, legally justifiable reason for why that person is unfit. The reasons that can be challenged for cause: mentally incompetent, don’t understand English, or are proved to have a prior link with the defendant or victim. Another challenge can be if the juror is biased in some way that would be for or against the defendant. Peremptory challenges are based solely on an attorney’s subjective reasoning and the attorney is not usually required to give any legally justifiable reason.
  22. List the two types of testimonial evidence that may be brought into court
    1)Lay witness- testifies on factual matters that would be understood by the average citizens. 2)Expert witness- testifies with professional training or substantial experience qualifying him or her on a certain subject.
  23. List the two basic reasons for the appeals process
    1) To correct an error made during the initial trial. 2) To review policy
  24. List the five levels of proof
    1) Mere Suspicion- More than an idea but less than probable cause. 2) Reasonable belief- reasonable basis to believe that a crime is being or has already been committed. 3) Probable Cause- facts or evidence that would make a reasonable person believe that a crime or wrong doing has been, is being, or will be committed. 4) Preponderance of evidence- this only has to prove that you are probably right. It only has to tilt the jury slightly in your favor. 5) Proof beyond a reasonable doubt- All reasons of innocence must be eliminated. Must provide enough conclusive proof.
  25. List the five basic steps of an appeal.
    1) The defendant files a notice of appeal- a short written statement outlining the basis of the appeal. 2) The appellant transfers the trial court record to the appellant court. This record contains items such as evidence and a transcript of the testimony. 3) Both parties file a brief- written document that presents the party’s legal arguments. 4) Attorney’s from both sides present oral arguments before the appellate court. 5) The judges deliberate and issue a written opinion. They do one of the following: 1) Uphold the decision, 2) Modify the decision by only changing part, 3) Reverse the decision, and 4) Reverse and remand the case meaning it’s sent back to lower courts.
  26. Where can you find the right to a jury trial in the Constitution?
    6th Amendment
  27. What are the similar features and differences between criminal trials and civil trials?
    Civil trials are disputes against people or institutions, but criminal trials are because a law was broken. Civil is about recovering money owed to someone, criminal is about punishment.
  28. What are the two types of evidence in every trial?
    Physical and non-physical
  29. What are the federal time limits for a speedy trial?
    No more than 30 days between arrest and indictment. No more than 10 days between indictment and arraignment. No more than 60 days between arraignment and trial.
  30. List the requirements for being a juror in most states.
    1) Citizens of the US 2) Over 18 3) Free of felony convictions 4) Healthy enough to function in a jury setting 5) Sufficiently intelligent to understand the issues of a trial 6) Able to read, write, and comprehend the English language
  31. List four affirmative defenses that are often used in criminal trials.
    Self-defense, Insanity, Duress, and Entrapment.
  32. Where do courts get their master jury list of jurors?
    Voter registration and driver’s license rolls
  33. List the professional persons who are usually exempted from jury duty.
    Teachers, physicians, and judges.

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