law

Misdemeanor

Misdemeanor

criminal offense; less than a felony and punishable for less than a year

Felony

criminal offense; punishable in state prison; over a year

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Opening statement-prosecution

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Opening statement-defense

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Direct examination by prosecution

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Cross examination by defense

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Motion to dismiss by defense (can be granted by the judge to end the trial; very rarely occurs)

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Direct examination by defense

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Cross examination by prosecution

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Closing statement by prosecution

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Closing statement by defense

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Rebuttal by prosecution

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Jury instructions

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Verdict

Can the defense motion for a case dismissal?  If so, when?

Yes, after the defense's cross examination, but very rarely occurs. It can be granted by the judge to end the trial

What is an arraignment?  What happens at an arraignment?

The formal reading from a judge to inform the defendant (accused) of the charges against them. (1) Enter a plea (guilty, not guilty), (2) arraignment happens within 24 hours if in jail, (3) bail bond set: give money to leave jail until trial (no longer in Illinois)

Manslaughter

killing without malice, Involuntary manslaughter - unintentional manslaughter, the crime of killing another human being unlawfully but unintentionally.

First degree murder

murder with intent and premeditation (planned/deliberate)

Second degree murder

murder with intent but not premeditation

Burglary

entry into a building illegally with intent to commit a crime, especially theft

Assault

threat of harm

battery

actual harm

Aggravated battery

knowing battery resulting in bad injury

Robbery

taking property unlawfully

Neligece homicide

a type of involuntary manslaughter that occurs when someone kills another person through negligence or carelessness.

Aggravating circumstances

factors that increase severity of crime, can lead to harsher punishment

Mitigating circumstances

factors that lessen severity of crime, can reduce punishment

concurrent

occurring at same time (ex: 3 counts of 10 years = 10 years)

consecutive

following one another (ex: 3 counts of 10 years = 30 years)

What are mandatory sentencing guidelines?  

Judges have to follow guidelines, cannot give someone a certain punishment just because they want to

Jail

• A facility for those awaiting trial or sentencing

• Those sentenced for misdemeanors (364 days or less)

Prison

• A facility for those convicted

• Those sentenced for a felony (more than 1 year)

Grand jury

preliminary criminal matters only, decide if enough probable cause to put one someone on trial

Criminal trial jury

hear evidence to decide if someone is guilty of a crime

Voire dire

“speak the truth,” is the jury selection process

Qualifications for a juror in our system

• us citizen

• 18 years old

• reside in judicial district for 1 year

• proficient in english

• no mental illness

• no felony convictions

• if all of above, then receive questionnaire (includes relation to law enforcement, opinions especially regarding civil rights issues of the trial, asks if they want to be a juror on that trial)

Who has the burden of proof in a criminal trial?  What is the standard used for a conviction in a criminal trial?

the state - innocent until proven guilty beyond a reasonable doubt, juror needs to be 95% sure that a person is guilty

What is recidivism?  How does that factor into our prison system?

Prisoners are more likely to reoffend after leaving prison, we have some of the highest recidivism rates, we are bad for rehabilitation.

DNA as evidence

has made many advancements for identifying the criminal

Reasons for wrongful conviction

Eyewitnesses

-biased juries

-over zealous prosecutors

Neurotic:

• 70% of those who get help for mental illness

• mild disorders, disruptive but can still function

• phobias, fear, ocd, anxiety disorder, excessive worries/”fight of flight”

• usually not threat to self or others

Psychotic:

• 30%

• serious disorders, “insane”

• schizophrenia, multiple personality disorder

• hallucinations, delusions, paranoia, unrealistic highs and lows, extreme behavior

Antisocial

• psychopath and/or sociopath

• violates rights of others with little to no remorse

• lack conscience, guilty, compassion

• charming and manipulative

• high intelligence

• undeterred by  punishment bc doesn’t feel as though they will ever be caught

• not always violent

Insanity defense

plead as “insane” and therefore not responsible for their actions, Fitness - if fit to stand trial based on mental status. The standard is very minimal, ex able to tell who your attorney is

NGRI

not guilty by reason of insanity, punishment is different, go to mental institution instead of jail

GBMI

guilty but mentally ill, still punished/goes to jail but mental stability is prioritized

NGRI Specific case

Kenneth Bianchi “hillside strangler” - murdered 12, worked with cousin, dumped bodies on hill, would ride along with police and asked them about hillside strangler, tried NGRI (malingering, pretended multiple personality disorder), but found guilty and sentenced to death

Plea bargaining 2 Advantages

• lessens case load

• guarantees a punishment

plea bargaining 2 Disadvantages

• defendant could be innocent

• punishment is not severe enough

Eye witness accounts and validity

Eye witness accounts are often unreliable because they have fragile memory…

• can’t pay attention to everything at once

• select what information we take in (what we think is important)

• perception is faulty and not accurate

• brain fills in information not really there

• environmental factors affect credibility (ex: line of sight, familiarity with area, time of day, length of time, presence of a weapon, number of people, activity)

• personal factors affect credibility (ex: emotional state, alone or in group setting, prejudice, age, drugs and alcohol, cross race effect)

• cross race effect (social psychology) - ability of a person to distinguish facial features of people of another race is harder than if it was someone of their own race