Criminal Courts Review

The first adversarial proceeding in NC is called what, and because it is an adversarial proceeding the government must provide the defendant with what?

Probable cause hearing/ provided with legal counsel

Prosecution’s first opening statement

Burden of Proof

What group must review a felony case before going to trial?

Grand Jury

Who are the only people present in the Grand Jury?

Grand juror, prosecutor, and witness

Name of the piece of paper that is filed with the clerk from the DA’s office in a misdemeanor case?

Criminal complaint

Name of the piece of paper that is used in the Grand Jury that contains the charges?

Indictment

After the Grand Jury (assuming that the case moves forward), what is the next legal proceeding called where there is a judge? What happens at this hearing? What must the defendant do?

Arraignment/ Indictment is read to the defendant/ defendant must enter a plea

Alford v. NC

Defandant doesn’t want to plead guilty in front of others so they plead guilty without admitting guilt

What are the motions at the arraignment where both sides serve on each other to get information? (you show me yours, I’ll show you mine)

Discovery Motions

If the defense believes there’s been a violation of the 4th, 5th, and 6th Amendment rights, they will file motions to do what with the others?

Motion to supress

Definition of rape

Vaginal intercourse with another person by force and against he will of the other person

Giglio requires prosecution to turn over any evidence that can be used to do what to a witness?

Impeach their credibility

Neither side can engage in what during a jury selection?

Discrimination

What case prohibits prosecutors from discriminating during jury selection?

Batson v. Kentucky

What case prohibits defense attorneys from discriminating?

Georgia v. McCollum

Why does the prosecution go first in a criminal case?

Because the defendant is innocent until proven guilty

What do we call an out-of-court statement that is spoken in court to prove the truth of a matter?

Hearsay

Which exception to the hearsay rule allows the defendant’s confession?

Admission by a Party-Opponent

Which exception to the hearsay rule allows statements made when the witness is dying?

Dying Declaration

Which exception allows statements made by children to a forensic examiner?

Medical Diagnosis

Half of the prosecution rests its case, the defense will stand up and make what motion to have this case thrown out?

Motion to Dismiss

Which amendment provides a defendant in a criminal case to not be required to testify? However, this rule doesn’t apply to what kind of cases?

5th Amendment/ Does not apply in civil cases

What is the standard of proof in criminal cases?

Beyond a reasonable doubt

What are the 3 components of the American criminal justice system?

Corrections, Law Enforcement, Courts

What clause of the Constitution does not apply as long as trials are in different systems?

Double Jeopardy Clause of 5th amendment

Article 3 tells us how the Supreme Court justice is appointed, how is that?

The president nominates someone then the Senate votes to confirm

Which Supreme Court decision is considered the worst decision ever that led us into the Civil War?

Dred Scott v. Sanford - African Americans were denied citizenship

Which Supreme Court case upheld the involuntary sterilization of women so they did not get pregnant?

Buck v. Bell

Which was the last state to stop the practice of Eugenics?

North Carolina

Which case upheld that segregation did not violate the Constitution and which case reversed that in 1954?

Plessy v. Ferguson/ Brown v. Board of Education

Which case upheld the holding of American Japanese descendants in concentration camps was constitutional as was the invasion of Pearl Harbor?

Korematsu v. United States

In NC Chapter 4 violations would be tried in which court?

District Court

What is the definition of a misdemeanor and where are they tried in NC?

Less serious criminal offense than a felony/ District Court

What is the definition of felony and where are they tried in NC?

Serious criminal offense/ Superior Court

Where are the Juvinelle defendants tried in NC?

Juvenile Court

The first court of Appellate reviewed in NC after the defendant is convicted of a crime, such as armed robbery or shoplifting, is what?

Trial court

If a defendant is convicted of murder in NC what is the first quarter of Appellate review?

North Carolina Court of Appeals

For federal criminal prosecutions Sylva, NC is located in which of the 3 federal districts?

Western District of NC

The Supreme Court only hears approximately how many cases in a year?

Fewer than 85 cases

What is the standard of proof a police officer must have to just engage in a conversation with a person?

None it’s a consenual encounter

What is the standard of proof a police officer must have to briefly detain us for questioning and what case gave us that standard of proof even though it is not mentioned anywhere in the Constitution?

Reasonable suspicion/ Terry v. Ohio

What’s the standard of proof for an arrest and search according to 4th Amendment?

Probable cause

When is an officer required to read the defendant their Miranda Warnings?

In custody/ if they’re going to be interrogated

What are the Miranda Warnings?

Right to remain silent, anything you say can be used against you in court, right to an attorney, if you can’t afford one one will be appointed to you, you can excersize these rights at anytime during questioning, do you understand your rights

How long could an officer detain an individual while waiting for a drug dog to appear?

Brief and reasonable, it can’t be unreasonable extended soley for the dog

What is the first hearing after an arrest called and in this hearing what are the three things a judge must do?

First appearance/ Inform defendant of charges, dvise defendants of their rights, decide on release or detention

What are the 4 ways you can get bond in this country and which one does the president want to abolish?

Cash bond, Property bond, Bail Bondsman, Sign-on bond/ wants to abolish cash bond

Who decides what case goes to Grand Jury?

Prosecutor

Where is a misdemeanor charge held?

District court

Where is a felony charge held?

Superior Court

Where are municipal ordinances held?

Municipal court