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Why is leadership in the jury system important to the criminal justice system?
The jury holds a lot of power, so it is crucial that they are lead by someone with good intentions.
What is the name of the person elected to head up a jury?
Foreperson, Foreman, or Presiding Juror
What is an 'Allen Charge'?
the judge instructs the jurors to reach a decision
Are Allen Charges typically effective?
Typically not, if the Allen Charge fails then the judge will order a mistrial.
What does it mean if a jury nullifies a verdict?
This occurs when a jury returns a 'not guilty' verdict even though the jurors believe beyond a reasonable doubt that the defendant has broken a law.
Should a jury be told about jury nullification?
No because it may encourage jurors to disregard the law.
Does diversity on a jury help them reach a fair decision?
Yes, they will be able to obtain more than just a certain group of people's opinion.
What is a unanimous verdict?
When all jurors reach a point where they all agree on one side of the argument.
What is a hung jury?
A jury that is unable to reach a verdict.
What is a mistrial?
A mistrial occurs when a jury is unable to reach a verdict and there must be a new trial with a new jury; or there is a serious procedural error or misconduct that would result in an unfair trial, and the judge adjourns the case without a decision on the merits and awards a new trial.
What is a compromise verdict?
A verdict reached when some jurors change their side in the argument in order to avoid a deadlock.
What is an inconsistent verdict?
a verdict that is defective because of contradictory conclusions. The jury might find the same element to exist and not to exist - or the defendant might be acquitted of one crime, but convicted of a second crime that depends on the commission of the first
What does it mean to 'poll the jury'?
the process of asking each juror individually if they agree with the verdict after it has been announced. The purpose of polling the jury is to ensure that the verdict is unanimous and that no juror was pressured into agreeing.
What does legal guilt mean?
means that a person has been found guilty of a crime in a court of law, meaning the prosecution presented sufficient evidence to convince a judge or jury beyond a reasonable doubt that the defendant committed the crime
What does factual guilt mean?
what a defendant actually did
What is the difference between legal and factual guilt?
Factual guilt is when someone has committed the illegal act they are accused of. It's different from legal guilt, which is when the prosecutor can prove that the accused committed the crime beyond a reasonable doubt.
What is a professional witness?
Someone with specialized skills, knowledge, or experience who testifies in court about what s/he believes has happened in a certain case based on those specialized skills, knowledge, or experience. Ex: Doctor
What does a hung jury result in?
mistrial
What are the 4 classical goals of criminal sentencing?
Retribution
Rehabilitation
Deterrence
Incapacitation
Retribution
Pros: Retribution emphasizes punishment as a form of justice, which can provide a sense of closure to victims and their families. It can also act as a deterrent for potential criminals, as the fear of punishment may prevent them from committing crimes.
Cons: Retribution focuses solely on punishment and does not address the underlying causes of criminal behavior. It can also lead to an endless cycle of violence, as individuals may seek revenge instead of seeking rehabilitation.
Rehabilitation
Pros: Rehabilitation focuses on addressing the underlying causes of criminal behavior and aims to reintegrate offenders into society as law-abiding citizens. It offers educational, vocational, and therapeutic programs to help individuals acquire skills and change their behaviors.
Cons: Rehabilitation requires significant resources and may not be successful for all individuals. The effectiveness of rehabilitation programs can vary, and some individuals may not be motivated to change. Additionally, the risk of recidivism (re-offending) remains a concern.
Deterrence
Pros: Deterrence aims to prevent crime by creating a fear of punishment. The threat of severe consequences may deter potential criminals from engaging in illegal activities.
Cons: Deterrence relies on the assumption that individuals are rational decision-makers who weigh the potential costs and benefits of their actions. However, many crimes are committed impulsively or under the influence of various factors, making the effectiveness of deterrence questionable. Additionally, the severity of punishment required for effective deterrence can be ethically problematic.
Incapacitation
Pros: Incapacitation aims to protect society by physically separating offenders from the general population. Incarceration or other forms of confinement prevent individuals from committing further crimes during their period of incapacitation.
Cons: Incapacitation does not address the root causes of criminal behavior and does not guarantee that individuals will not re-offend upon release. It also raises concerns about overcrowding in prisons and the high costs associated with long-term incarceration.
What is meant by warehousing?
prison without rehab implies defendants will simply re-offend when they get out of prison aka prison is a warehouse to store them.
Probationers
refers to an individual who has been convicted of a crime but is given a period of supervision and restrictions within the community instead of being incarcerated.
Parolee
A person who is released early from prison to community supervision
What is a pre-sentence investigation report?
documents prepared by specialized probation officers at the request of a sentencing judge that outline the characteristics of the offender, the circumstances of their offense, an evaluative summary, and a recommendation regarding the sentence itself and the conditions of supervision so the judge can become familiar with the person
What are sentencing guidelines?
guidelines that indicate to judges the expected sanction for particular types of offenses
What are mandatory sentencing guidelines?
guidelines judges must follow that require that offenders serve a predefined term for certain crimes, commonly serious and violent offenses
What is meant by 'just desserts'?
'the punishment that one deserves'
What are sentencing hearings?
A hearing where a judge will decide how long a criminal will serve. After reviewing the presentence report and arguments from the defendant and plaintiff side.
What does credit for time served mean?
at the time of his/her sentencing the criminal court must award that person credits for time served in custody.
What is a determinate sentence?
a sentence that fixes the term of imprisonment at a specific period
What is a minimum mandatory sentence?
There is a minimum number of years that need to be served, but no maximum. In other words, no matter what, the person charged is getting that sentence.
What is a legal brief?
a written argument that a lawyer presents to a court to convince the judge to rule in favor of their client. It's a crucial document that provides contextual information and a platform for the lawyer's argument
What is a drop dead date?
A firm deadline set in some contracts or agreements that, if unmet, might lead to some variety of consequences.
What is a transcript?
verbatim record of what went on at trial
What is meant by the ability to issue spot?
refers to the skill of identifying potential legal issues within a given set of facts, essentially meaning the ability to recognize key details in a scenario that could trigger a legal dispute, allowing you to analyze and apply relevant laws to that situation; it's a crucial skill for lawyers, especially when reviewing cases or preparing for legal arguments.
What is a post-trial motion?
A motion that is filed after the verdict has been delivered
What are examples of post-trial motions?
Motion to set aside the verdict.
Motion for a new trial.
Motion to dismiss.
Motion for judgment of acquittal.
What is the Harmless Error Doctrine?
A legal principle that holds that a trial error does not warrant overturning a conviction if the error did not affect the outcome of the trial.
What is a memorandum of law?
A thorough written evaluation by legal counsel, usually submitted in support or opposition to a contested motion, stating the facts, legal issues, and legal argument in support of that party's position
What is meant by 'appeal of right'?
Anybody convicted at trial is provided at least one appeal
What are boiler-plate issues?
Standardized legal provisions or clauses that are commonly used in legal documents requiring minimal modification
What is an Anders Brief?
Anders brief is a brief filed by a criminal defendant's court-appointed defense attorney who wants to withdraw from the case on appeal, based on the belief that the grounds of appeal are frivolous.
What does it mean to preserve an issue for an appeal?
A claim, or issue, is waived on appeal unless it is objected against in the first trial
What are primary legal sources?
Constitutions
Statutes
Cases
Regulations
What are secondary legal sources?
Legal dictionaries
Encyclopedias
Law reviews
American Law Reports
Treatises
Restatements
Jury instructions.
What are statues?
A written law passed by a legislative body.
What is case law?
The law, as established by outcomes of previous cases.
What is a legal treatise?
Scholarly legal publication containing all the law relating to a particular area.
What are oral arguments?
A presentation of the case by spoken word.
What does it mean to submit on briefs alone?
Means the court will decide on the case on the briefs by themselves.
What does it mean if something is held on the record?
means that a piece of information, statement, or event has been officially documented and recorded, making it a matter of public knowledge and legally verifiable; essentially, it is considered to be true and can be referenced later as evidence because it is part of the official record
What does 'en banc' mean?
"In bench"- all judges will sit on the case
Does Missouri use mandatory sentencing guidelines?
No, they use non-mandatory sentencing guidelines
Steps of the criminal trial process
Jury Selection
Opening Statements
States Case
Defendants Case
States Rebuttal
Closing Arguments
3 types of treatment courts
DWI court, family treatment court, juvenile treatment court
How is treatment court similar to probation?
Both involve some supervision and behavioral conditions to follow. Along with the regular court involvement and rehabilitation
How is treatment court different than probation?
Treatment court emphasizes rehabilitation for substance abuse and mental health issues. Involves a specialized court team and more appearances in court along with intensive treatment programs, counseling, and other resources. Participants graduate upon completion.
What is a treatment court?
Treatment court programs are specialized court docket programs that allow individuals to enter long-term drug treatment and agree to court supervision rather than receive a jail sentence.
Treatment court participants who complete the program can have their underlying criminal offenses dismissed or expunged. However, if a participant fails to complete the program, their case is processed through the traditional justice system.
Classical Sentencing Theories
Rehabilitation, Deterrence, Retribution, Incapacitation
What percentage of jurors are able to return a verdict?
¾ or more
According to the Supreme Court, what is the minimum number of jurors allowable in a criminal case?
12 members
What side usually has an advantage when it comes to criminal trials?
prosecution
