what is on the final 1

voir dire

To speak the truth, the process where judges and lawyers question possible jurors to see if they can be fair and unbiased in a case

Challenge for cause

if a juror says anything that may be biased or unfair prosecution and defense can asked for them to be removed

Peremptory challenges

Lawyers can remove jurors without giving reason usually when they feel their is no help to be given

venire

the large group of people called to court for possible jury duty

scientific jury selection

lawyers may hire experts instead of relying in instinct. systematic use of voir dire

Jury consults

conduct opinion polls and mock trails

Lawyers decide which juror they want and don’t want on jury

Hearsay

an out of court assertion or statement are by someone other than the testifying witness

exceptions to hearsay

dying declarations, business records, stamens made during an emergency

Mistrial trial when something goes wrong and the trial has to be stopped and done over usually when jury hears information they weren’t supposed to

6th amendment

the right to face those who accuse you and a speedy trial

what is used to try to eliminate pre-trial tainted?

Prejudicial pretrial publicity

heavy news or media coverage about a case influences people before the trial even starts

problem because jurors are only supposed to know evidence only from court not outside info

pre trial publicity voir dire

voir dire is a way to screen out such jurors tainted by pre-trial publicity

Why do we punish, 5 major philosophies

retribution, deterrence, rehabilitation , restoration, and incapacitation

Rehabilitation

the idea that offenders deserve punishment, proportionate not ore or less, try to prevent future crimes

lex talions an eye for an eye

deterance

to prevent future crimes

rehabilitation

the idea that people commit crime because of life problems , focus on changing the offender

Incapacitation

the idea that crime can be prevented if criminals are physically restrained except from correction officers and other cell mates

Restoration

the idea of repairing harm to restore the victim and community