CJUS 101 exam 4

- state and local courts

- federal courts

What are the 2 judicial systems in the US?

Appeal

A request to a higher court to review a ruling or decision made by a lower court.

cross examination

is the questioning of a witness by an opposing party during a trial or hearing, following direct examination. Its primary purpose is to test the accuracy, credibility, and consistency of the witness's testimony while highlighting favorable facts. It allows the use of leading questions to challenge witness testimony.

5 main goals of criminal sentencing?

retribution, incapacitation, deterrence, rehabilitation and restoration.

The Judiciary Act of 1789

federal law which established the lower federal courts and other functions of the federal judiciary.

city and district courts

What courts are the workhorse of the criminal justice system?

1) District courts (SCOTUS)

2) Courts of Appeal (Appellate Courts)

3) Supreme Court

What are the 3 levels of the US Federal Court system?

Supreme Courts

Which courts are considered the 'apex' of the Federal Court system and state court systems?

9 judges

How many supreme court judges are there?

7 judges

How many supreme court judges are there in Louisiana?

Writ of Certiorari

an order to a lower court to send all of the documents/evidence of the case to the appellate court for review

- 15th judicial district court

- 3rd appellate court district

- 3rd supreme court district

What district number is Lafayette Parish in for the judicial district court, appellate court, and the supreme court?

Writ of Habeas Corpus

a legal action that allows a prisoner to challenge the lawfulness of their detention

about 90%

About what percent of all criminal cases are resolved via a plea agreement?

1) Bench Trial

2) Jury Trial

What are the two main types of Trials?

Bench Trial

trial by judge

Jury Trial

A legal proceeding in which a jury makes a decision

1) Arraignment

2) Jury Selection

3) Opening Statements

4) The Trial

5) Closing Arguments

6) Jury Instruction

7) Jury Deliberation

8) Verdict/Sentencing

What are the 8 Stages in a Criminal Trial?

jury selection and closing arguments;

The jury will vote on the innocence of the client

The closing argument is the last chance to address the jury before they make their decision

What are the 2 most important stages in Criminal Trial and why?

in the pre-trial motions

Where is the trial won?

Associative evidence

is used to create or eliminate a link between a suspect & a crime scene. 2 kinds: class & individual. Class relates to items that are basically mass-produced. By itself, it cannot tie a crime to anyone.

individual evidence

  individual evidence provides the most information and is the most valued. Fingerprints & DNA are the most significant forms of individual evidence.

Trace evidence

a key form of associative evidence & can lead to identifying the perpetrator. It falls into many categories & includes microscopic evidence, such as hair, fibers, paint & bloodstains.

Bill of Particulars

one of most important pre-trial motions; a written document of the specific claims/charges, details the specific facts, allegations, or charges within a legal case, given at the defendant's request to the court for more detailed information to 'avoid prejudice surprise'

Brady Material

established by Brady v. Maryland; information/evidence that is known to the prosecutor that would benefit the criminal defense must be disclosed to the defense

Motion to Supress

motion to keep certain statements or evidence from being introduced as evidence

Motion for Discovery

motion that requests the government to provide the defense with evidence (related to bill of particulars and brady material)

The purpose is to determine a potential jurors fitness to serve by asking about personal ideological biases or life experiences pertaining to the case.

What is the purpose of voir dire?

60 people in the pool; 12 people on the jury

How big is the jury pool? How big is an actual jury?

through 'peremptory challenges' and 'for cause'

What are the two ways the defense and prosecution can exclude jurors?

At the heart of any criminal trial is the "case-in-chief," the stage at which each side presents its key evidence to the jury.

What is at the heart of any criminal trial?

- Hearsay

- Leading Question

- Objection Relevance

- Speculation

What are the 3 most popular objections? what is a 4th one?

the ability to speak and negotiate with the prosecutor and plead your case

What is the hidden gem behind criminal trial practice?

the judge

Who is the only one that can sentence you?

Trier of Fact

the jury (or judge) they weigh the evidence to determine whether guilty or not guilty

the judge decides whether to sustain or overrule

Who decides the outcome of an objection?

deliberation is the first chance for the jury to discuss the case and apply facts to the evidence

What is important about jury deliberation?

Allen Charge

a jury instruction given by a judge to a hung jury to urge them to agree on a verdict

Hung Jury

a jury that is unable to come to an unanimous decision

Deadlock

the situation where there are insufficient jurors voting one way or the other to deliver either a guilty or not guilty verdict

Jury Nullification

a situation where the jury gives a not guilty verdict regardless of whether they believe the defendant has broken the law

Double Jeopardy

Being tried twice for the same crime

- Work release

- Probation

- Imprisonment

List 3 types of sentencing options

Aggravating factors are factors that increase the severity of a criminal act, while mitigating factors lessen the degree of criminal act.

What is the difference between aggravating and mitigating factors?

if you get a life sentence in LA, you almost always will get life without the possibility of parole.

What does a life sentence mean in Louisiana?

Truth in Sentencing Laws

requires that offenders serve 85% of time before eligible for parole

relevance, materiality, and competence

What are the basic prerequisites of admissibility?

- direct

- indirect (circumstantial)

What are the 2 types of evidence?

Direct Evidence

most powerful type of evidence; usually self-explanatory and doesn't require inference. It directly points to a fact without interpretation.

Circumstantial (Indirect) Evidence

evidence that suggests a fact through implication or inference; doesn't directly prove guilt but builds a case, encompasses all evidence other than direct, provided that it logically relates the suspect to the crime.

Circumstantial Evidence

What evidence are most cases built upon?

Golden Rule (of crime scene management)

never touch, change, or alter anything until it has been documented, identified, measured, and photographed. When a body or article has been moved, it can never restored to its original position

Golden hour

the term used for the period immediately after an offence has been committed, when material is readily available in high volumes to the police

Locard's Principle

Theory that contact between individuals or objects results in a transfer of material between them, Hence, every contact leaves a trace.

Daubert Test

In order for the analysis of evidence to be used against a defendant, the court must accept the scientific conclusion as valid.

jury or a judge

Trials are either conducted by a ______ or by _______

Chain of Custody

is a record of individuals who have had physical possession of the evidence; Testimony and other documentation that details the location/condition of evidence from the seizure to the trial; assures that items entered into evidence are in the same condition as when they are seized and that it was under law enforcement or prosecutorial control throughout the transition and process.

Alford Plea

When a defendant enters an Alford plea, they are not admitting guilt, but they are admitting that sufficient evidence exists to potentially obtain a conviction.

what is the burden of proof in a criminal trial?

Proving Guilt "Beyond a Reasonable Doubt": The burden of proof refers to the standard used to prove allegations in a court proceeding.

The final step in a criminal prosecution when found guilty?

sentencing