Courtroom Players
Person charged with (or accused of) a crime
Defendant
What is a plea bargain?
A Plea Bargain is a deal when you and your defense attorney agree to enter a Guilty plea. In return, the Prosecutor either recommends that some of your charges be dropped and/or that you receive a lighter sentence from the Judge.
What are the four pleas?
Guilty
Not Guilty
Not Guilty by Reason of Insanity
No Contest
Give three different examples of evidence.
Weapon, fingerprints, DNA, witness statement, confession, testimony, report, medical records, stolen goods
How many degrees of Felonies?
Five
Who is the prosecutor and what is their job?
The lawyer representing the government or the state. They are against the defense/defendant. Their job is to prove the defendant committed the crime and/or to produce a guilty verdict.
Who needs to agree to a plea bargain?
- The defendant (you) AND your Defense Attorney/Lawyer
- The prosecutor
- The Judge
What are the different types of sentencing outcomes a judge can offer in Florida?
Prison or jail time
Probation
Suspended sentence
Time served
Who has the burden of proof in a trial? What does that mean?
The prosecution. He/she must prove that you’re guilty beyond the shadow of a doubt.
What is the maximin time for a 3rd degree felony?
5 years
The job of the ______ is to decide if the defendant is guilty or not.
Jury
Who can offer a plea bargain?
The prosecutor
What is the difference between a misdemeanor and a felony?
Misdemeanor is less serious, maximum sentence of 1 year.
Felony is more serious, maximum sentence is over 1 year.
What could happen if you violate probation?
Answer: A Probation Violation Show Cause Hearing is scheduled. The judge can then either:
1. put you in jail to serve your sentence, OR
2. The judge can order more treatment and possibly defer your sentence and reschedule your probation hearing.
What is the maximin time for a 1st degree felony?
30 years
Person who keeps a written record of everything that goes on in the courtroom
Court reporter
Name two things a person should take into account when considering a plea bargain?
- The weight of the evidence
- The reduced charge they are offering
- The reduced sentence/consequences they are offering
- The rights you are giving up
Which pleas result in a trial?
Not Guilty
NGI
What happens next if you are found Not Guilty by Reason of Insanity?
You are sent to a State Mental Health Hosptial or State Mental Health Treatment Center
What is the maximin time for a 2nd degree felony?
15 years
Name the three main types of witnesses and describe their roles.
Expert witness
Eye witness
Character witness
What rights does a person give up when they accept a plea bargain?
- The right to a trial.
- The right to an appeal.
What does a plea of Nolo contendere or No Contest mean? What happens if someone enters this plea?
I’m not saying I did it; I’m not saying I didn’t do it.
If you plead no contest to a criminal charge, you will have a conviction on your record, just as though you had pleaded guilty or been convicted after a trial.
How many people sit on a Jury?
6 or 12
Name three criminal offenses that are felonies.
murder, sexual battery(rape), robbery, aggravated battery, aggravated assault, robbery and motor vehicle theft, possession/sale of controlled substances