The Legal System Exam 3 Pt. 2

jury nullification:

verdict in contravention of law

venire:

panel of prospective jurors

voir dire:

“to see, to say”, selection of jurors. challenges: peremptory v. cause

what happened in Batson v. Kentucky (1986)

race could not be a factor in voir dire, expanded to civil cases in 1991

J.E.B v. Alabama (1994)

Batson ruling expanded to include gender

Batson challenge:

1) moving party establishes prima facie showing of unlawful use of preemptory strike 2) responding party provides race-neutral basis for strike

preemptory strike

no reason except on the basis of race or gender

briefly list the civil procedure of a trial (8)

jury sworn in, opening statement, plaintiff’s case, directed verdict, defense case, closing arguments, jury instructions, deliberation

unanimous in federal v state court

required in federal, somewhat required in state. in PA must be 5/6 for verdict

Allen charge

judge calls jury out and instructs them to deliberate until a verdict is reached

what happens if allen charge unsuccessful?

hung jury/mistrial imposed, case is retried

the admissibility of evidence is…

question of law for judge

probative v. prejudicial:

probative: relevance, prejudicial: inflames juries’ emotion

who has privilege in evidence? (and its excpetions)

martial, attorney-client, clergy, doctor-patient. exceptions are crime-fraud, public safety, waiver 

true or false: circumstantial evidence is just as valid as direct evidence

true

hearsay:

out of court statement offered for truth being asserted

what are the exceptions to hearsay:

excited utterance, dying declaration, business records, statement on medical treatment

what is true of polygaphs in P.A.

always inadmissible

motions in Limine

bringing pieces of evidence in advance that shouldn’t be admitted

probable cause:

likely (50% or more) than not crime was committed and that evidence of crime is present

what is key under criminal procedure?

must have gov agents and reasonable exception of privacy for search to be protected under 4th amendmentnt

exceptions to criminal procedure:

consent, police impound of car, exigent circumstances, plain sight

probable cause

more likely a crime was committed and that the person arrested did it

seizure/arrest

under totality of circumstances person doesnt feel the need to leave

what are the factors under seizure/arrest? (4)

show of authority, handcuffs, forceful language, physical contact

whats required under a stop and frisk?

reasonable suspicion

reasonable suspicion:

particularized and reasonable belief that criminal activity is afoot (btw mere speculation and probable cause)

what’s the deal with Miranda rights?

only given when police ask questions, includes follow up questions

exclusionary rule

evidence obtained in violation of 4th Amendment is thrown out

what is the role of the prosecutor?

responsible for showing justice and truth

what does the Brady Material deal with?

exculpatory evidence; evidence that shows innocence

the 6th Amendment grants what 3 things:

right to speedy, public and impartial jury

right to unanimous verdict:

not addressed in B.O.R., federal court: protected through common law, state court: not constitutionality protected until 2020

what are the 3 pivotal trial decision for criminal defendants?

plead guilty, cooperate with government or testify

North Carolina v. Alford (1970)

alford either could plea guilty or face time, he voluntarily plead guilty

Alford plea:

criminal defendant pleads guilty even though they’re factually innocent

substantial assistance:

significant useful info that is complete and true, given in a timely manner. one faces injury or risk of injury telling such

what are the two factors of U.S. Sentencing Guidelines?

offense gravity score and criminal history

what is the goal of the U.S. Sentencing Guidelines?

alleviate sentencing disparities

determinate v. indeterminate sentencing

knows exactly how much time youll get vs. a range, minimum and maximum

fines v. restitution

fines: punitive measure restitution: restores the victim

what is imminent about the the first appeal?

constitutional right to counsel applies to the 1st appeal only

what’s true about second chances in appeallate court?

no do-over unless its a trial de novo

what’s true about defendants and appellate court?

only defendant’s can appeal adverse verdict, gov cannot appeal acquittal due to Double Jeopardy Clause

harmless v. reversible error:

harmless: little things v. reversible: big errors that can reverse a verdict (guilt doesn’t change, case is retried)

what is the percentage of successful appeals

less than 10%

habeus corpus petitons:

request to have case go from state to federal court

interlocutory appeal:

allows either side to appeal during trial to an appellate court

clemency:

governor or president can reduce punishment after criminal conviction

governor deals with ____, president deals with _____

state convictions, federal convictions

pardon:

relieves one of all guilt

commutation:

lowers sentence without exoneration of guilt