Criminal Law Fundamentals Quiz

Double Jeopardy

• Prevents prosecution of the same individual for the same crime more than once (state or federal).

Indeterminate Sentencing

• Legislature sets minimum and maximum sentences for offenses.
• Judges impose either a minimum and maximum term of years, or the maximum term only.
• Parole board determines release date.

Burden of Proof

• Prosecution must prove each element of the charged offense "beyond a reasonable doubt."
• A "not guilty" verdict is returned if the burden is not met.
• Determining if the burden was not met is different from determining if the defendant was not guilty.

Key Man System

• Court clerks and jury commissioners consulted civic/political leaders (key men) for jury pool input.
• Predictably, these "blue-ribbon" juries were not representative of the broader community.
• Often included disproportionately many middle-aged white men.

Direct Examination

• Questioning of a witness by the attorney who called them to the stand.

Bench Trial

• Trials heard by a judge, without a jury.
• Judge determines guilt or innocence "beyond a reasonable doubt."
• Judge sets the sentence if the defendant is found guilty or pleads guilty.

Self-Incrimination Clause (5th Amendment)

• "No person...shall be compelled in any criminal case to be a witness against himself."
• Prevents forcing a defendant to testify against themselves in a criminal trial.

Sentencing Guidelines

• "No person...shall be compelled...to be a witness against himself" (5th Amendment)
• A defendant cannot be compelled to testify against themselves.

Challenge for Cause

• Method for removing potential jurors during jury selection.
• Prosecutor or defense lawyer removes jurors due to bias or prejudice.

Writ of Habeas Corpus

• Order for a prisoner to be brought to court.
• Review of the constitutionality of their detention.

Harmless Error Rule

• Errors in a trial that do not affect the outcome are not grounds for an appeal.

Allen Charge

• Jury instructions given to a hung jury, urging agreement.
• Controversial due to potential pressure on minority opinions.

Overcharging

• Accusing a defendant of more serious charges than warranted.
• Involves accusing a business of overcharging customers (in the business context).

Real Evidence

• Evidence in trial that's a tangible object (e.g., weapons, DNA, fingerprints found at the crime scene).

Direct Evidence

• Evidence that stands alone as proof of fact; eyewitness testimony.

Master Jury List/Jury Wheel

• First stage in jury selection process.
• List of potential jurors establishes a list of jurors in the jurisdiction established by law.

Expert Testimony

• Witnesses providing scientific or complex evidence in court.

Specific Deterrence

• Punishment aimed at dissuading offenders from committing future crimes.

Selective Incapacitation

• Punishment philosophy focusing on incapacitating individuals deemed likely to reoffend.

Rape Shield Laws

• Limits admissibility of evidence about a victim's past sexual conduct in a sexual assault case.
• Varied requirements for admissibility.

Hung Jury

• Jury unable to reach a unanimous verdict (in states requiring unanimity).
• Judges can declare a mistrial.

Antiterrorism and Effective Death Penalty Act

• Law enacted after the World Trade Center and Oklahoma City bombings.
• Aim of reducing terrorism. (Critics saw it as focusing too heavily on the death penalty.)

Liberation Hypothesis (Jury Deliberations)

• Legally irrelevant factors (race, gender, behavior, etc).
• Evidence unclear in a trial, juries more likely to consider them.

Caseload Hypothesis (Plea Bargaining)

• Negotiation of guilty pleas by reducing charges (charge bargaining) or recommended leniency (sentence bargaining).

Acquittal

• Jury verdict that the defendant was not proven guilty "beyond a reasonable doubt."
• Doesn't necessarily mean the defendant didn't commit the crime - rather it was not proven.

Hearsay Evidence

• Evidence based on what a witness heard from someone else rather than personal experience. (Often inadmissible unless applicable exceptions apply.)

Probative Value of Evidence

• Extent to which evidence proves a fact in a legal context.

Venire

• List of names being considered for actual jurors.

Cross Examination

• Questioning of a witness by the opposing attorney after direct examination.

Voir Dire

• Process where potential jurors are questioned to assess suitability.

Interlocutory Appeals

• Appeals before a final ruling, often challenging constitutionality or legal points.

Peremptory Challenge

• Removal of potential jurors without needing justification.
• Certain number allowed per side.

Jury Trial Penalty

• Penalty for taking a jury trial, rather than accepting a plea deal.
• (Belief or stated practice that jury trials lead to harsher sentences when compared to plea bargains.)

Reversible Error

• Significant mistakes in trial that could lead to a conviction reversal.

Mistrial

• Legal error in a trial that impairs a fair outcome from jurors and warrants a new trial.

Bifurcated Trial (Capital Cases)

• Two-stage trial structure in capital cases (e.g., guilt determination, then penalty phase).

Testimonial Evidence

• Witness statements in court (as opposed to physical evidence.)

Circumstantial Evidence

• Requires inferences or reasoned judgments based on the evidence presented.

One-Day/One Trial System (for Juries)

• Relatively new approach in some courts to resolve ongoing jury problems for jurors and court systems.

Forensic Scientific Evidence

• Evidence relying heavily on scientific methods (e.g., DNA, fingerprint, handwriting).

General Deterrence

• Aims to deter potential offenders by punishing past offenders.

Confrontation Clause (6th Amendment)

• Guarantees a defendant's right to confront witnesses in a criminal trial.
• Limits the prosecution in presenting inadmissible or unreliable evidence.

Jury Nullification

• Jury's refusal to convict based on disagreement with the law.

Alford Plea

• Defendant pleads guilty but denies committing the crime.

Ad Hoc Plea Bargaining

• Plea deals with unusual stipulations or compromises in exchange for plea deals.

Day Fines

• Fines adjusted based on the defendant's ability to pay.

Griffin v. CA (1965)

• Prosecutors cannot comment on a defendant's refusal to testify against themselves in court - protects the privilege against self-incrimination.

Duncan v. Louisiana (1968)

• Supreme Court ruling—right to a jury trial is fundamental and applies to states.

Batson v. Kentucky (1986)

• Racial discrimination cannot be a factor in selecting a jury.

Herrera v. Collins (1993)

• Claims of "actual innocence" don't automatically warrant federal habeas relief unless a constitutional violation occurred during the trial.

Ramos v Kentucky (2020)

• Unanimous verdicts are required in state felony criminal cases for jury trials.

Booker (2005); (United States v. Booker)

• U.S. Supreme Court decisions regarding Federal sentencing guidelines.

Types of Plea Bargaining

• Three types:

1. Charge bargain
2. Count bargain
3. Sentence bargain

Explanations for Plea Bargaining

• Balancing caseloads, reducing costs.

Standards governing admissibility of evidence

• Rules used to determine what evidence can be presented in court (relevance, reliability, probative value, prejudice).

Constitutional Standards for Jury Trials

• Jury requirements vary by state and jurisdiction regarding size of jury and required unanimity for verdicts.

Theories of Punishment

• Retribution focuses on punishing individuals based upon their transgressions (criminal acts / wrongdoing).
• Utilitarianism focuses on maximizing societal benefits from punishment, considering potential consequences.

Sentencing Options

• Fines, probation, intermediate sanctions, imprisonment.

Test your knowledge of essential concepts in criminal law, including the double jeopardy clause, burden of proof, and jury selection processes. This quiz covers important aspects of legal proceedings and individual rights under the law. Ideal for law students and those interested in understanding legal fundamentals.