Criminal Justice LAP 4

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41 Terms

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Adversarial system

A legal system where two opposing sides (prosecution and defense) present their cases to an impartial judge or jury.

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Bench trial

A trial decided by a judge alone, without a jury.

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Habeas corpus

A legal order requiring a person under arrest to be brought before a judge to determine if the detention is lawful.

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Voir dire

The process of questioning potential jurors to determine if they are suitable and unbiased.

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Challenge for cause

A request to dismiss a potential juror because of a specific reason showing bias or inability to serve fairly.

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Peremptory challenge

A request to dismiss a potential juror without stating a reason.

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Sequester

To isolate the jury from outside influence during a trial.

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Summons

An official order requiring someone to appear in court.

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Subpoena

A court order requiring someone to appear in court or produce evidence (like documents or records).

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Circumstantial Evidence

Indirect evidence that implies a fact but does not prove it directly (for example, seeing someone leave a crime scene).

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Perjury

Lying under oath while testifying in court.

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Redirect (Examination)

When the lawyer who first questioned a witness asks more questions after cross-examination to clarify or repair testimony.

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Recall

To bring a witness back to the stand to ask additional questions.

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Hearsay

A statement made outside of court that is presented as evidence to prove the truth of the matter stated; usually not allowed as evidence.

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Speculation

When a witness guesses or gives opinions about things they don't actually know; not allowed in testimony.

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Badgering

When a lawyer harasses or intimidates a witness during questioning; the opposing attorney can object to this.

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Relevancy

Evidence must relate directly to the case or issue being discussed to be admissible in court.

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Sustained

The judge agrees with an objection, stopping the question or statement from continuing.

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Overruled

The judge disagrees with an objection, allowing the question or statement to continue.

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Jury Instructions

Directions given by the judge to the jury explaining the laws that apply and how they should evaluate the evidence before making a verdict.

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Verdict

The formal decision or finding made by a jury (or judge in a bench trial) about whether a defendant is guilty or not guilty.

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Acquittal

A verdict that the defendant is not guilty of the charges.

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Hung Jury

When the jury cannot reach a unanimous or required majority decision, leaving the case unresolved.

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Mistrial

A trial that is invalid or inconclusive, often due to a procedural error, misconduct, or a hung jury; the case may be retried.

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Supreme

The only court mentioned in the Constitution.

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6th Amendment

The right to a speedy and public trial, an impartial jury, to confront witnesses, and to have counsel for defense.

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7th Amendment

The right to a trial by jury in civil cases at the federal level.

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The Judiciary Act of 1789

The law that formally established the dual court system.

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District

One of the three levels of federal court.

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Circuit

One of the three levels of federal court.

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Jurisdiction

Four types of issues would be heard in federal court: Breaking a federal law, Constitutional issues, People of/between two states (or countries), If the case is US vs ....

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Civil cases

The most common types of trials in Federal and state cases.

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Prosecutor jobs outside court

Help pick the jury, overseeing investigations, making charging decisions, negotiating with defense attorneys, preparing for trial.

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Prosecutor jobs during court

Presenting the case against the defendant, presenting opening and closing statements, examining witnesses, introducing evidence.

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Defense attorney

Represents individuals accused of crimes, advising clients, investigating the case, building a legal strategy to protect their rights and achieve the best possible outcome.

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BAKE

Factors attorneys might consider when questioning the jury pool: Background, Acquaintance, Knowledge of the case, and Experience similar to the case.

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Juror requirements in Missouri

US Citizen, 21+ years old. Excusal: biasness, if you have vacation. You may get called back again in the next couple months.

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Duration of juror service

1-2 days.

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Juror compensation

Very little like 20 dollars and only if you are paid a wage (clockin).

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Good opening statement

Includes elements like an Intro Paragraph, outlining facts of the crime, describing the defendant and (lack of?) motive, telling what happened- (lack of) means/opportunity, providing a road map of the trial, what evidence/witnesses will be presented, and how the burden of proof (not?) will be met.

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Thesis in opening statement

S/he should (not?) be convicted.