Criminal Justice Trial Process and Appeals

Flashcards about the trial process, sentencing, and the appellate process.

What is the order of the steps in the Trial Process?

1. Opening statements (prosecution first, defense second), 2. Prosecutor's case in chief (direct and cross examination), 3. Defense case in chief (direct and cross examination), 4. Rebuttal/sub rebuttal, 5. Closing arguments/statements, 6. Jury instructions, 7. Deliberations

What is the role of jury consultants?

To assist law firms in picking people to serve on juries.

What is the presumption of sanity?

The defendant must prove they are mentally competent/sane.

What is the presumption of innocence?

The defendant is considered innocent until proven guilty by the prosecution.

What is retribution in the context of punishment?

The idea that offenders deserve punishment; based on lex talionis (an eye for an eye)

What are the key concepts associated with retribution?

Lex talionis, just desserts, and proportionality

What is deterrence?

Prevention of future crimes through punishment.

What are the types of deterrance?

General and Specific

What factors increase the likelyhood of deterrence.

Certainty and celerity of punishment.

What is rehabilitation?

Treating offenders rather than punishing them.

What is incapacitation?

Preventing crime by physically restraining criminals.

What are the limitations of incapacitation?

No set time standards for length of sentence and a lack of focus on rehabilitation which can lead to worse behaviour.

What is restoration in criminal justice?

Seeks to repair injuries and reconcile parties rather than focusing solely on punishment.

What are the three elements of restorative justice?

1. Crime is primarily a conflict between individuals, 2. Aim should be to repair injuries, 3. Criminal Justice system should facilitate involvement of victims, offenders, and the community

Which branch of government primarily makes laws and attaches punishments?

Legislative Branch

Which branch of government decides what punishment a person will receive based on law?

Judicial Branch

Which branch of government is responsible for enforcing laws?

Executive Branch

What sentencing responsibilities does the legislative branch have?

Creating sentencing options for criminal acts, including indeterminate and determinate sentences

What sentencing responsibilities does the judicial branch have?

Sentencing options based on different models (rehabilitative, due process, crime control).

What sentencing responsibilities does the executive branch have?

Carrying out sentencing through parole boards and departments of corrections

What is the role of probation officers in sentencing decisions?

Supervision, presentence investigation (PSI), recommendations, and conditions of supervision

What are the purposes of appeal?

Error Correction and Policy formulation

Does the losing party have a right to an appeal?

Yes, one appeal.

Can prosecutors appeal a 'not guilty' verdict?

No, because of double jeopardy.

What types of questions are restricted in Appeals?

Questions of law.

What is the standard of review for questions of law in appellate court?

De novo (anew)

What is the standard of review for mixed questions of law and fact in appellate court?

Mixture of de novo and clear error

What is the standard of review for questions of fact decided by a judge in appellate court?

Clear error

What is the standard of review for questions of fact decided by a jury in appellate court?

Reasonableness/substantial evidence

What is the standard of review for discretionary decisions by a judge in appellate court?

Abuse of discretion

What is a Writ of Certiorari​?

Petitioner

Define Appellant

Written argument

Define respondent

Written argument

What are things that appellate courts review?

Affirmed, Modify, Reversed, Reversed and Remanded, Remanded

What is Post Conviction Review?

Collateral Attacks

Who may file for post conviction?

Only those in custody

What may be raised during post conviction?

Constitutional defects