BOYS & GIRLS STATE LEGAL STUFF

Who is a criminal case filed against, and in whose name is it filed?

Against the defendant, in the name of "The People of the State of California."

What four trial rights do the U.S. and California Constitutions guarantee a defendant?

A speedy and public trial by court or jury; to appear in person and with counsel; to produce witnesses and cross-examine opposing witnesses; and the right against self-incrimination (protects individuals from being forced to provide testimonial evidence that could lead to criminal charges)

What is a felony?

A crime punishable by one year or more in state prison, prosecuted in Superior Court by grand jury indictment or by an "information" filed by the District Attorney.

Name some common examples of felonies

Murder, manslaughter, robbery, burglary, grand theft, forgery, arson, rape, narcotics sales

Under Penal Code section 17(b), what can happen to many "wobbler" felonies?

They can be reduced to a misdemeanor, by the defendant's request or agreement between the parties, before or after conviction.

What is a misdemeanor?

A crime punishable by a fine and/or less than a year in county jail (not state prison).

Give some common examples of misdemeanors

Simple assault, battery, petty theft, possessing small amounts of narcotics, disturbing the peace, some city/county ordinance violations.

What is an infraction?

A minor violation of a city, county, or state law, punished only by a fine and/or public service; no jail, no jury trial, no appointed counsel.

How does an infraction case begin?

With a citation issued to the defendant and filed with the court.

At arraignment, what choice does a defendant facing an infraction have?

They can elect to have it proceed instead as a misdemeanor.

What is a demurrer?

A challenge that a criminal complaint fails to follow proper format or state facts constituting a crime, asking the court to dismiss it (Penal Code 1004).

What standard of proof must the prosecution meet in a criminal trial?

Beyond a reasonable doubt; if doubt remains, the defendant must be acquitted.

What standard of proof applies in a civil case, and how does it compare?

Preponderance of the evidence — a lighter burden than "beyond a reasonable doubt."

How many jurors must agree on a criminal verdict, and what happens if they can't?

All twelve (six at Boys & Girls State) must agree unanimously; otherwise it's a mistrial and a new trial.

What vote is needed for a valid civil jury verdict?

A three-fourths majority (e.g., 9 of 12, 6 of 8, 5 of 6).

What is a Writ of Habeas Corpus?

A court order requiring whoever is detaining a person to bring them to court to determine if the detention is lawful.

What must a habeas corpus petition state?

That the person is restrained by a named official at a specific place, and that the restraint is unlawful, with reasons why.

Which California courts can issue a writ of habeas corpus?

Superior Courts, District Courts of Appeal, and the Supreme Court.

What must the official's "return" to a habeas corpus writ include?

The legal authority for the restraint; signed, and verified unless the person is a public officer.

At a habeas corpus hearing, what happens if no legal cause for detention is shown? —

The court discharges the accused; otherwise it remands them to custody.

When can bail be denied as a matter of right?

When the charge is punishable by death and the presumption of guilt is evident.

Under the Humphrey decision, what must a court consider before setting cash bail?

The defendant's actual ability to pay.

Name alternative release conditions a court might impose instead of cash bail.

GPS ankle monitor, case manager check-ins, treatment programs, warrantless search conditions, stay-away orders.

What does "admission to bail" mean?

A court order releasing the defendant on the promise to appear at all future court dates.

What does a private bail bond company typically charge?

A non-refundable 8–10% of the total bail amount.

What is "deposit in lieu of bail"?

Depositing the full cash bail directly with the court — refundable, no interest, if all appearances are made.

What does "own recognizance" release mean?

Release without bail, based on the defendant's promise to appear (often with added conditions).

What did In re Kenneth Humphrey (2021) decide?

Cash bail can't be imposed without first assessing ability to pay; alternatives must be considered if unaffordable.

Even after Humphrey, when can a court still deny bail entirely?

Capital cases, or clear and convincing evidence of significant risk of physical harm to others.

What is the primary purpose of bail/release conditions, per the Humphrey court?

Mainly to ensure court appearance, though public safety matters too.

What does the bailiff do during trial?

Calls the court to order and acts as a buffer between audience and bench (or sits near the defendant if in custody).

What happens at an arraignment?

The defendant is told the charges and their rights, and enters a plea.

What happens if a defendant pleads guilty at arraignment?

The judge accepts the plea and passes sentence.

What happens if a defendant pleads not guilty?

The judge sets a date for a court or jury trial, per the defendant's choice.

What is voir dire?

Questioning of prospective jurors about their qualifications and ability to be fair and impartial.

What is a peremptory challenge?

A challenge to dismiss a juror without giving a reason; two per side at Boys & Girls State.

Who gives the first opening statement, and why?

The prosecutor, since the People carry the burden of proof.

What is "direct examination," and what's not allowed during it?

The first questioning of a witness by the side that called them; leading questions aren't allowed.

What can cross-examination cover?

Only matters from direct examination, or impeachment of the witness.

What can re-direct examination cover?

Only new matters raised on cross-examination.

Why does the prosecution/plaintiff argue both first and last in closing?

Because they carry the burden of proof.

On which examination are leading questions allowed?

Cross-examination only.

Who decides guilt or innocence with no jury?

The judge, who also pronounces sentence.

What must all jurors agree on before a verdict?

A unanimous guilty/not guilty decision.

What happens if the jury can't reach a unanimous verdict?

Mistrial; the case may be retried before a new jury.

What is "corpus delicti"?

The fundamental facts/elements that must be proven to establish a crime — not literally "a dead body."

What's the exception to the rule against opinion testimony?

Expert witnesses, qualified by education and experience.

What is an "alibi" defense?

Evidence the defendant wasn't at the scene; if it raises reasonable doubt, acquittal follows.

What is a "confession," and what must be true for it to be admissible?

A pretrial admission of guilt; it must be shown to be free and voluntary.

What's the difference between direct and circumstantial evidence?

Direct is an eyewitness's firsthand account; circumstantial is any other fact used to infer guilt or innocence.

What does it mean for evidence to be "incompetent"?

Not fit for the purpose offered — essentially inadmissible or irrelevant.

What is a "leading question," and when is it objectionable?

A question suggesting its own answer; objectionable on direct/re-direct examination.

What is calls for conclusion?

“Objection your honor” — The question calls for a conclusion from the witness.

What is assumes facts not in evidence

“Objection your honor” — The question assumes facts not in evidence in the trial, or which will not be made the subject of admissible testimony in the trial.

What is relevance?

“Objection your honor” —  The question calls for irrelevant testimony.

Personal Knowledge-Lack of Foundation

“Objection your honor” — The witness has no foundation of personal knowledge from which to answer the question.

What is a compound question?

“Objection your honor” — Contains more than one question.

What is a narrative?

“Objection your honor” — The question calls for a narrative response.

What is an asked and answered?

“Objection your honor” —  The question has been asked and answered.

What is an argumentative?

“Objection your honor” — The question is argumentative.

What is a vague/ambiguous?

“Objection your honor” — The question is vague and/or ambiguous.

What is an opinion/speculation?

“Objection your honor” — The question calls for inadmissible opinion testimony or calls for speculation on the part of the witness.

What is a expert opinion?

“Objection your honor” — The question calls for expert opinion testimony and this witness’ qualification to render an expert opinion has not been established.

What is hearsay?

“Objection your honor” — The question calls for inadmissible hearsay testimony.

If the witness answers before the objection can be made, what can happen?

A motion to strike the response can be made.

What does the hearsay rule make inadmissible?

Out-of-court statements offered to prove the truth of the matter stated.

Give an example of a statement that is NOT hearsay.

One offered to show it was made, that the person speaks a certain language, or its effect on the listener.

Name an exception to the hearsay rule

Statements against one's own interest, official records, or business records made in the regular course of business.

What is a "declaration against interest"?

An out-of-court statement that puts the declarant at risk of civil or criminal liability.

What's the prosecution's burden for corpus delicti in a criminal case?

Beyond a reasonable doubt and to a moral certainty.

What three court levels does the California Constitution create?

Superior Court (trial), District Court of Appeal (intermediate), California Supreme Court.

About how many Superior Court judges serve in California?

Around 1,800.

How are Superior Court judges typically selected?

Elected, though most are first appointed by the Governor, then re-elected every six years.

What kinds of cases are handled in Superior Court?

Criminal, civil, family, juvenile, traffic, and small claims.

How many District Courts of Appeal exist, and how are justices chosen?

Six, with about 90 justices appointed by the Governor for 12-year terms.

How many justices review a case in the Court of Appeal?

Three.

Can the prosecution appeal an acquittal?

No.

What can the Court of Appeal do with a trial court's judgment?

Affirm, reverse, or send it back for a new hearing/trial.

How many justices sit on the California Supreme Court, and how are they chosen?

Seven (including the Chief Justice), appointed by the Governor for 12-year terms.

How does the Supreme Court differ from the Courts of Appeal in hearing cases?

All seven justices hear every case, vs. three-justice panels on the Court of Appeal.

Which cases go directly to the Supreme Court, bypassing the Court of Appeal?

Death penalty cases.

What are the three levels of the federal court system?

U.S. District Courts, U.S. Circuit Courts of Appeals, U.S. Supreme Court.

How many justices sit on the U.S. Supreme Court, and how long do federal judges serve?

Nine justices; federal judges serve for life.