Criminal Courts Chpt. 10-11

Indictment

A formal charge or accusation of a serious crime.

Legal Sufficiency 

Choose to prosecute or bring charges if the basic elements legally required are there. Evidence of elements of a contract meets the minimum requirements to be considered legally valid.

Trial Sufficiency

Considering whether or not they can win the trial; only proceed

System Efficiency

Happens in jurisdiction overloaded with cases. Management of legal cases to optimize court resources and reduce backlog.

Defendant Rehabilitation

Defendant-centered; focused on not putting people in the system, especially if they are low risk or first-time offenses

Pretrial Motion

Have to provide reason for motion

Motion for:

• Dismissal of charges

Change of venue

Might be some prejudicial pretrial attention, moving trial from one court to another, typically to different county or jusidiction

Severance of defendants

Client does not want to be tried to codependence in a case

Determination of competency

defendant will be determined if they are competent

Initial Appearence

Why detained, Read rights. Bail will be set if needed. Happen without necessary delay. first time a defendant formally appears before a judge, where they are informed of the charges against them.

Arraignment 

Formal charges; being formally informed of charges, Enter plea 

Bargaining

Negotiation between parties to reach an agreement.

Standing Mute

Say nothing and entered as not guilty( action of silence that results in a “not guilty: plea being entered in court

Nolo Contendere

Not admitting to guilt but not attesting to crime( accepts conviction and penalty without admitting guilt)

Alford Plea

A guilt plea entered by a defendant who maintains their innocence, but acknowledges that the evidence against then is strong enough to likely lead to a conviction trial.

Allocution

Explaining what happened to the judge after entering a guilty plea

Opening Statements

Summary of the charges, what will be presented, arguments

Presentation of Evidence

Introducing information, like testimony and documents, to prove or disprove facts in a case

Subpoena (Evidence)

Called to court to testify, Statement, Retrial dispositions, Testimony

Testimonial (Evidence)

Victim Statements, Statements for witnesses, law enforcement, DNA, Documents

Experts (Evidence)

Engineers, doctor. Provided Expert Opinion

Lay Witnesses (Evidence)

Not allowed to give an opinion about something

Real Evidence

Tangible object that is offered in court to prove or disprove a fact. (weapon, photograph, or document)

Direct Evidence

Evidence by itself that proves or disproves the facts of the case

Indirect Evidence

Circumstantial evidence, have to be some inference to link the evidence to the crime. Does not directly prove a fact but instead requires a reasonable inference to connect it to fact in question

Relevance

the evidence being presented has no connection to the legal issues at hand in a case

Competence

An individual’s present ability to understand legal proceedings and effectively participate in them.

Hearsay

Evidence given by a witness that was from someone else

Closing Arguments

Summary at the end of a trial. Summarize only what has been said.