cjus 101 chap 7-9

voir dire

the petrial questioning pf individuals who are potential jurors to decide whether they sit on a jury.

daubert test

a legal rule used by federal and some state trial jugdes to decide if expert witness testimony is scientifically reliable and relevant enough to be presented in a criminal or civil trial.

Habeas Corpus

a legal action that allows a prisoner to challenge the lawfulness of his or her detention

write of certiorari

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

jurisdiction

the extent of a particular courts power to make legal decisions and judgements

locard's principal

every contact leaves a trace

direct examination

when a lawyer questions their own witness

cross examination

questioning of a witness by the opposite party that called the witness to testify

individual evidence

provides the most information and is the msot valued kind of evidence

alford plea

they are not admitting guilt, but they are admitting that sufficient evidence exists to potentially obtain a conviction.

appeal

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

SCOTUS

the u.s. Supreme Court; supreme law of the land

Boykin right

that a guilty plea must be made voluntarily, knowingly, and intelligently, with an affirmative record showing the defendant understood the constitutional rights being waived.

motion to compel

a request for the government to provide defense with evidence

motion to suppress

an attempt to keep certain statements or evidence from being introduced as evidence.

aggravating circumstances

factors that increase the severity of a criminal act

mitigating circumstances

lessen the defree of criminal culpability

US attorney general

chief prosecutor in the federal system

hung jury

If the jury fails to reach a unanimous verdict and finds itself at a standstill

allen charges

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

brady material

Prosecutors have continuing duty to turn over any "exculpatory" evidence to the defense.

trace evidence

a key form of associative evidence & can lead to identifying the perpetrator.

associative evidence

used to create or eliminate a link between a suspect & a crime scene.

chain of custody

a record of individuals who have had physical possession of the evidence.

jury deliberations

the private, confidential process where a trial jury evaluates the evidence, reviews witness testimony, and applies the judge's legal instructions to decide the outcome of a case.

15th JDC

lafayette parish is in what JDC?

plastic

visible

latent

what are the 3 types of fingerprints?

plastic fingerprint

found in a soft surface like wax, paint or putty.

visible fingerprint

Contact with a wet fluid

latent fingerprint

Hidden. Prints left by the oils secreted by our hands and are generally not visible.

The Truth sentencing act

the what requires you serve 85% of time before eligible for parole?

100%

if you are convicted of a violent crime how much of your time do you have to serve?

8

how many stages of a trial are there?

arraignment

jury selection

opening statements

the trial and presentation of evidence

closing arguments

jury intructions

jury deliberations

verdict & sentencing

what are the 8 stages of trial?

pre-trial motions, jury selection, and closing

what are the 3 most important phases of trial?

hearsay, leading question, relevance

what are the 3 most common objections?

2

how many court systems are there?

3

how many level of courts are there?

3rd

what circuit court of appeal is lafayette in?

9

how many judges are in the US supreme court

7

how many judges are in the LA supreme court?

prosecutoriial discretion

a prosecutor can decide what cases to do and what they cna and cannot do

federal laws

what trumps state laws?

90-95%

what percentge of convictions normally ends in plea agreements?

state and local courts

federal courts

what are the two judical systems in the US?

US district courts

US courts of appeal(Appellate)
US supreme court (SCOTUS)

what are the 3 levels of the court system?

SCOTUS

what court is considered the apex of the federal court system and state court systems?

district courts

which courts are considered the workhorse courts?

The Judiciary Act of 1789

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

jury

bench (judge)

trials are conducted by a ______ or ______

burden of proof

the accused are presumed innocent until prosecutors can prove beyond a reasonable doubt that a crime was committed by the accused.

Grand jury indictment

bill of information

in louisana a person can be charged with a crime in what 2 ways?

challenges for cause

premptory challenges

what are the 2 main jury challenges

hearsay

leading questions

relevance

what are the 3 most commonly used objections in a criminal trial?

hearsay

this objection is raised when a witness attempts to testify about something they heard from a non-party outside of court, rather than hearing it firsthand

leading question

a lawyer asks a question that suggest the answer

relevance

this objection is used when a lawyer attempts to introduce evidence that is not partinent to the case or the issues at hand.

sentencing hearing

when a defendent is found guilty in the verdict, what is the final step in a criminal prosecution?

the judge

who is the only person that decides the offical sentence of a convicted defendant?

home confinement

probation

imprisonment

state 3 sentencing options

retribution

restoration

rehabilitation

deterance

incapacitation

what are 5 goals/purposes of criminal sentencing?

materiality

relevance

competence

what are the 3 basic prerequesites of admissibility?

direct or indirect

evidence is either ______ or ______

golden hour

the time when evidence is best recovered

crime scene

a location that may contain evidence of a crime and is rich in information that reveals the nature of the criminal activity and the identities of those persons involved.

protocals for scene protection

documentation

evidence recovery

what is critical at all crime scenes?

safety of LEO and others in and around the scene

what is a first responder's primary responsibility?

medical attention to the injured persons while minimzing contamination of the scene

what is the next responsibility?

deteriorate

evidence tends to what?

a body or point of entry

boundaries of a crime scene start at a focal point such as what?

where the crime occured

potentional points and pathos of exit
places where the victim/evidence may have been moved

boundaries of a crime scene extend outward to what

forensice science

the application of any type of science, biological, social, physical or mathematical to legalmatters; means the part of science used to answer a legal issue.

no; the results do not come through immediately

are forensic labs high tech?

murders

only a faction of the crimes investigated by forensic experts actually relate to what?

Congress under the authority of the U.S. constiution

what was the federal court system created by?

pretrial release (bail)

what is one of the most important decisions facing the courts?

structure and jursidiction

federal and state courts vary in what?

Judicary Act of 1789

the federal court system developed from what?

US and state constitutions

The courts rely on what to gurantee that our rights are protected?

privacy

the 14th amendment gives us the right to what?

federal and state laws

because we have a dual court system what may come into conflict?

the judge

what is curcial to the functioning of the courtroom?

problem-solving courts

what plays an important role in helping victims and offenders?

arbitration

mediation

what are some other alternative dispute resolutions?

technology like e-filings and online dockets

what has improved the efectiveness and effciency of the judical system?

diversity

_______ in the judiciary is marginal at best

challenge for cause

a request to remove a potential juror when there is reason to believe that s/he cannot serve as an impartial juror, such as exposure to pretrial publicity, connection with a party, experience as a victim, religious prohibition, or bias

peremptory challenges

a request to remove or exclude a potential juror without giving a reason, except subject to limitations based on gender, race, ethnicity, or other constitutional grounds.

speculation

what is the 4th most poupular objection?

pre-trial motions

where is a trial won?

hidden gem behind criminal trial practice

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

no, but the jury wants dna evidence

is direct evidence more powerful than circumstantial evidence?

circumstantial

fingerprints and dna are what?

golden rule

never touch, change, or alter anything until it has been documented, identified, measured, and photographed.

be restored to its original position

when a body or article has been moved it can never what?

golden hour

term used for the period of time immediately after an offense is committed, when material is readily available in high volumes to the police.