Criminal Justice Chapter 8 Flashcards

Questions and Answers

What is the courtroom work group?

Professionals by job and outsiders involved in the case (correct)

A group of defendants

A group of judges only

Witnesses only

What is prosecutorial discretion?

The decision-making power of prosecutors in handling criminal defendants.

What is exculpatory evidence?

Any information that clears a person of guilt or blame.

What is a subpoena?

A written order requiring an individual to appear in court or produce evidence. Signup and view all the answers

What are the rules of evidence?

Court rules governing the admissibility of evidence. Signup and view all the answers

What defines an adversarial system?

A system where opposing advocates present evidence for their clients. Signup and view all the answers

What is a peremptory challenge?

The right to challenge a potential juror without disclosing a reason. Signup and view all the answers

What are sequestered juries?

Juries that are isolated from the public during a trial. Signup and view all the answers

What is the harmless error rule?

An appellate court finds an error not significant enough to require a remedy. Signup and view all the answers

What is perjury?

False testimony under oath. Signup and view all the answers

What is hearsay?

Something not based on the personal knowledge of a witness. Signup and view all the answers

What is a hung jury?

A jury that cannot agree on a verdict. Signup and view all the answers

What is an Allen charge?

An instruction by a judge to a deadlocked jury to reconsider the majority opinion. Signup and view all the answers

Participants in a criminal trial can be divided into what two categories?

State and Defendant. Signup and view all the answers

What is the judge's primary duty?

Hold ultimate authority and sentence responsibility. Signup and view all the answers

What is the burden of proof in a criminal trial?

The duty placed upon a party to prove or disprove a disputed fact. Signup and view all the answers

Who bears the burden of proof?

The prosecution. Signup and view all the answers

Which Supreme Court case requires the prosecution to disclose evidence related to a defendant's innocence or guilt?

U.S. vs. Bayley. Signup and view all the answers

List three major categories of defense attorneys.

Pro Se, Private, Appointed by the court. Signup and view all the answers

Which system is the primary method used to provide indigent counsel for criminal defendants?

Adversarial System. Signup and view all the answers

What is the primary purpose of a criminal trial?

To examine and obtain testimony that proves beyond a reasonable doubt that a crime has been committed. Signup and view all the answers

Describe the difference between factual guilt and legal guilt.

Factual guilt is being guilty in fact, while legal guilt is being guilty beyond reasonable doubt. Signup and view all the answers

What are the eight general stages of a criminal trial in order?

Trial Initiation, Jury Selection, Opening Statements, Presentation of Evidence, Closing Evidence, Charging the Jury, Jury Deliberation, Verdict. Signup and view all the answers

What is the fancy name for jury selection?

Voir Dire. Signup and view all the answers

What are the three types of challenges to jury selection and how many do you have of each type?

Challenge to the array, For-Cause, Peremptory. Signup and view all the answers

Which Supreme Court case recognizes a defendant's right to represent themselves and based on which amendment?

Farreta v. California; 6th Amendment. Signup and view all the answers

Describe the difference between an expert witness and a lay witness.

An expert witness has special knowledge recognized by the court, while a lay witness is not an expert. Signup and view all the answers

Is the defendant's presence required at every stage of the trial?

True Signup and view all the answers

Study Notes

Courtroom Concepts

Courtroom Work Group consists of professionals and outsiders involved in a case.
Prosecutorial Discretion allows prosecutors to make decisions on charges, case scheduling, and plea negotiations.
Exculpatory Evidence serves to clear a person of guilt or blame.
A Subpoena is a legal order compelling an individual to appear in court and provide testimony or evidence.
Rules of Evidence dictate what can be admitted as evidence in court.

Trial Framework

The Adversarial System features opposing advocates presenting evidence for the benefit of their clients with a neutral judge.
Peremptory Challenge allows for the dismissal of a juror without needing to provide a reason.
Sequestered Juries are isolated from public influence during a trial and deliberation.
The Harmless Error Rule applies when an appellate court identifies an error but deems it not significant enough to warrant a reversal of the trial outcome.

Testimony and Jury Dynamics

Perjury is the act of giving false testimony under oath.
Hearsay refers to information not founded on a witness's personal knowledge.
A Hung Jury is one that cannot reach a unanimous verdict.
The Allen Charge instructs a deadlocked jury to reconsider the majority opinion to potentially reach consensus.

Roles in Criminal Trials

Participants in a criminal trial are categorized as the State and the Defendant.
The judge holds ultimate authority and has sentencing responsibilities, often requiring specific qualifications like passage of the bar exam.

Burden of Proof

In a criminal trial, the Burden of Proof lies with the prosecution, which must prove the case beyond a reasonable doubt.
The case U.S. vs. Bayley requires the prosecution to disclose any exculpatory evidence affecting the defendant's guilt or innocence.

Defense Attorney Categories

Major categories of defense attorneys include Pro Se (self-represented), Private, and Court-appointed.
The Adversarial System serves as the main method for providing legal counsel to indigent defendants.

Purpose of Criminal Trials

The primary aim of a criminal trial is to assess witness testimony to prove a crime occurred beyond a reasonable doubt.

Guilt Distinctions

Factual Guilt represents actual guilt based on facts, while Legal Guilt is established when guilt is proven beyond a reasonable doubt.

Stages of Criminal Trials

Eight general stages of a criminal trial include:
- Trial Initiation
- Jury Selection
- Opening Statements
- Presentation of Evidence
- Closing Evidence
- Charging the Jury
- Jury Deliberation
- Verdict

Jury Selection Process

The process of Jury Selection is known as Voir Dire.
Types of challenges to jury selection include:
- Challenge to the array
- For-Cause
- Peremptory
Specific numbers of challenges vary: Capital/Life cases allow 10, Felonies allow 6, and Misdemeanors allow 3.

Self-Representation Rights

Farreta v. California recognizes a defendant's right to self-representation under the 6th Amendment.

Testimony Types

Expert Witnesses possess specialized knowledge pertinent to the case and are recognized by the court, whereas La Witnesses include eyewitnesses and character witnesses without specialized expertise.

Defendant's Presence in Trial

The defendant is required to be present at all significant stages of the trial, ensuring proper legal representation and rights monitoring.

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Description

This set of flashcards covers key terms from Chapter 8 of Criminal Justice. It includes definitions and explanations of important concepts such as the courtroom work group and prosecutorial discretion. Use these flashcards to enhance your understanding of these essential topics in the criminal justice system.