The Criminal Trial and Sentencing

These flashcards cover key concepts related to criminal trials and sentencing as outlined in the lecture notes.

What percentage of criminal cases typically go to trial?

Less than 10%, with some estimates indicating only 2% to 3%.

What is the primary goal of criminal trials?

To ascertain the legal guilt or innocence of a person charged with a criminal act.

What does legal guilt refer to?

Legal guilt is established when a prosecutor persuades a judge or jury of a defendant's guilt beyond a reasonable doubt.

What distinguishes legal guilt from factual guilt?

Legal guilt pertains to a legal decision made in court, while factual guilt refers to whether the defendant actually committed the crime.

What is a plea bargain?

An agreement in which a defendant pleads guilty to a lesser charge in exchange for a lighter sentence.

What are bench trials?

Trials conducted without a jury, where a judge alone decides the outcome.

What is the typical structure of a criminal trial?

It consists of opening statements, presentation of evidence, closing arguments, jury charge, deliberation, and verdict.

What is hearsay?

An out-of-court statement introduced to prove the truth of the matter asserted, which is generally inadmissible as evidence.

What are the major classifications of evidence?

Direct evidence and circumstantial evidence.

What is a dying declaration in relation to hearsay?

An exception to the hearsay rule that allows statements made by a person who is about to die to be introduced as evidence.

Why is cross-examination important in a trial?

It tests the credibility and memory of the witness, helping to undermine the prosecution's case.

What is the purpose of closing arguments in a trial?

To summarize the evidence and arguments presented during the trial for the jury.

What is required for a jury trial to take place?

The defendant must not waive their constitutional right to a trial by jury.