Criminal Justice 3

Parts of Trial

Pretrial Process

Trial

Post-trial Process

Pretrial Process

Everything from arrest to commencment of trial

Trial

Presentation of evidence to a jury

Post-Trial Process

After trial, and inclides sentancing appeals

Epistemological Function

Determining whether the convicted party is actually guilty

Adversarial Process

Epistemology

Describes the different ways to seek the truth

Adversarial Process/Justice

Theory that between the two sides fighting each other the truth will become known

Punitive Function

Term used to describe trial at times by meaning that trial affixes blame and determines the appropriate sanction

Sanction

The punishment given to the person convicted of a offense

Apartheid

Racist system used in South Africa by Black South Africans being kept in poverty to have no say in how the country was run

Truth and Reconciliation Commission (TRC)

Set out to get rid of the apartheid system in South Africa led by Nelson Mandela

Functions of Trial

Epistemological, Punitive, and Symbolic

Symbolic Function

Court subtly or not subtly telling the public messages like the gavel, judge waering rode, or judge being called “your honor”

Courts Respected

State Power

Lady Justice

Adversarial Model of Justice

believes that the best way to find the truth is the two sides fight it out. The American Justice System is based on this.

The Finder of Law

Judge who is expected to remain impartial

The FInder of Fact

The jury who is also expected to remain impartial and expected to make decision on who “won”

The Inquisitorial System

In place in most European Countries

System has several judges and the evidence is examined to determine if there is enough to go to trial. The judge presents evidence to the court and they also question the witness.

The Investigating Judge

Head judge in an inqusitirial system that investigates the evidence and presents it

Dossier

How the judge presents evidence in an inquisitorial system to determine what charges will be faced

Burden of Proof

Convicted is innocent until proven guilty

Brady Rule

Requires the prosecutors to share exculpatory evidence

Exculpatory Evidence

Evidence that helps the defendant

Brady v Maryland

States that the defense is not required to share evidence that aids prosecutors case

Double Jeopardy

Prevents prosecutors from prosecting a defendant twice

Self-Incrimination

Defendant does not need to testify in their trial

Courtroom Workshop

Fact that they all fear getting overwhelmed by their caseload forces them to cooperate much of the time

Plea Bargain

When a prosecutor offers the defendant a chance to plead guilty to a lesser charge in exchange for waiving their right to trial

Put pressure on defendant

Private Attorneys

Capital Cases

Where the prosecutor seeks the death penalty for the defendant

Dramatis Personae

Characters in the drama

Prosecution Discretion

Prosecutors have a lot of freedom in how they handle criminal cases

Pressures of Prosecutors

Politics, Justice, and Prosecution

Politics Pressure

Prosecutors have a to deal with pressure to pursue or ignore cases under certain circumstances

Justice Pressure

Pressure for a prosecutor to uphold the law

Prosecution Pressure

Pressure to convict a felon while also making the public happy

Zealous Defense

Fighting for the best interest of your client

Gideon v Wainwright

Supreme Court determined that every person has right to an attorney

Pro Bono

Means for common good

Impeachment

Process in which public officials are removed from the office by congress or state legislators for improper conduct

Judicial Activism

Used to describe judges who use their power to promote a political agenda

Court Martial/Officer

Another way to describe baliff

Stenotype

Used by court reporter to quickly write down what was said

Court Process

US System of Guilt and Innocence

Adnan Syed

State did not turn over proper evidence in their case

Protection from Self-Incrimination

5th Amendment

Due Process

Read Rights

Affirmed in Miranda v Arizona

Judges

Legal decisions in trial

Make everything run smooth

Determine sentencing

Elected or Appointed

Politicized

Judicial Activism

Booking

Process of gathering information about the suspect like name, height, age. Usually mugshots are taken in this process

Holding cell

Where the suspect is held until initial appearance

Initial Appearance

Where the defendant is informed of the charges aganist them and asked about whether they need to hire an attorney

Arraignment

Where the defendant is informed of the official charges aganist them and they can enter a plea in court

Nolo Contenders

How the defendant can plead besides innocent or guilty. Defendant refuses guilt and refuses to defend.

Bairefoot v City of Beaufort

American Civil Liberties Union (ACLU) charged courts unlawfully deprived citizens of their constitutional right to fair trial and adequate representation

Bail

Sum of money put forward by the defendant to guarantee that they will appear in court for their trial and not skip town

Bail Bondsmen

Licensed to front the money for an individual defendant’s bail, so they can go free until their trial even if they have not got the money for bail.

Bounty Hunter

An agent that is empowered to arrest and return a fleeing defendant

Grand Jury

Must review evidence aganist an individual before they can be offcially charged with a crime

Petit Jury

Jury that just sits through trial

“No Bill” or “Bill of Ignoramus”

Evidnece is insuffcient or indictment

“True Bill”

Enough evidence to indict

Preliminary Hearings

Used in states that don’t use grand juries and they elevate the evidence against the defendant

Change in Venue

Motion to move the site of the trial from one location to another

United States of America v Dzhokhar Tsarnaev

Site of trial was changed because of how public the Boston Marathon Bombings were

Suppression

Motion to exclude evidence aganist the defendant befiore the trail has begun

Discovery

Motion that a defense attorney requests access to evidence held by the prosecutor that she believes will benefit her client

Motion to Dismiss

Motion to drop the case and this comes about when suppression or discovery uncovers new evidence

Bench Trial

Judge not only determines legal questions during the trial but also determines whether the defendant is guilty

Voir Dire

Process of examining jurors to determine whether they will be unbiased

Venire

Group of people of randomly selected individuals who are brought to the courthouse as poetential jurors

Challenge for Cause

Removes a prospective juror because there is a clear reason that they would not be impartial

Peremptory Challenge

Defense or Prosecution can remove a prosecution can remove a prosepctive juror by simply objecting to the juror and ending it there

Batson v Kentucky

Court ruled that prospective jurors can not be removed based on race

SmithKline Beecham v Abbott Lawrence

Court ruled that prospective jurors can not be removed based on sexual orientation

Five Stages of Trial:

Opening Statements, Case in Chief, Defense Case, Closing Statements, and Jury Instructions/Verdict

Theory of the Case

What the prosecutor and defense believe really happened in the case

Burden of Proof

On the state, not the defendant. The defendant does not need to prove innocence.

Beyond a Reasonable Doubt

Prosecutor must prove the defendant is gulity. Any evidence not brought to judge/jury can not be used

Direct Examination

FIrst set of quetsions to a witness and the witness is considered friendly

Cross-Examination

Questioning where the witness is considered hostile

Leading Questions

Directly show what the person asking questions wants the witness to answer.

Direct Evidence

Requires litlle/no interpretation

Directly links individual to crime

Video, eye witness, etc.

Circumstantial Evidence

Requires interpretation and does necessarily prove guilt

An assumptuion that something happened

FInger prints, DNA, hair fibers, etc.

Probative Value

Evidence that is crucial in proving one side of the case

Prejudicial Evidence

Evidence that may affect juries that is unfair to the defendant and this evidence is often excluded from trial

Testimony

Verbal or written statements made in the court under oath

Physical Evidence

Usually found in a crime scene

Objections

One side speaks out aganist evidence

Hearsay

Evidence is a secondhand testimony. A person testifies as to what another person told them.

Narrative

Tell the story in a certain way. Sometimes distort their testimony

Scope

What the witness was asked and anything beyond what they initially said can be excluded

Badgering the Witness

Asking the witness a question in a hostile manner and attempt to upset the witness

Speculation

What the witness thinks may have happened

Asked and Answered

When the attorney asks the same question multiple times.

Directed Verdict

Motion on the defense makes just the prosecution rests its case and the defense plans to weaken their case by presenting evidence

Mistrial

Trial is declared invalid because of something that happened in the courtroom

Perjury

Consists of knowingly giving a false statement under oath

Suborning Perjury

Attempting to get an individual to commit perjruy

Testilying

Beleif officers have to fabricate evidence in order to put people behind bars

Closing Statements

Happens at the end of trial when both sides are given a chance to present their last appeals

Ramos v Louisana

Ruled that unanimous agreement among all 12 jurors was necessary for conviction

Jury Nullification

Power of the juries to acquit a defendant even if they believe they really are guilty of the crime

Appellate Courts

No witness stands but multiple judges