Vocab
Perjury is when...
...someone lies under oath.
What is the maximum sentence for a 3rd degree felony?
5 years in prison.
employee of the court who keeps order and announces events is the...
Bailiff.
Who are the 3 people that must agree to a plea bargain?
The defendant, the judge, and the State Attorney.
What is community control?
An acquittal is when...
...you go to trial and are found not guilty.
What is the maximum sentence for a 2nd degree felony?
15 years in prison.
What does the clerk do in the courtroom?
Acts as a secretary for the judge and keeps track of what is going on, schedules, and so forth.
How could a plea bargain help the defendant?
-May give them a lighter sentence than going to trial, especially if there is lots of evidence against them.
-Can settle legal proceedings more quickly than waiting for a trial.
-Sentence you receive could be equal to the time you have been waiting in jail and in the hospital as ITP (time served).
What are 3 things you can do to stay free?
-Be thoughtful; think before you act.
-Have good friends who obey the law and don't do drugs.
-Have a good support system of people who care about and listen to you.
-Obey the law.
-Meet probation conditions.
-Have a daily routine.
-Stay healthy; go to doctor and mental health appointments. Voluntarily commit yourself if feeling mentally unwell.
-Don't use drugs.
-Don't carry a gun or knife.
-Don't wander around at night.
-Keep in mind that you have a record, and that this makes it harder for police to believe that you are innocent.
-Show police that you respect/obey them.
A plea bargain is when...
...you agree to a lesser charge and the other charges are dropped.
What is the maximum penalty for a 1st degree felony?
30 years in prison.
The job of the recorder in the courtroom is to...
...make a word-for-word record, called a transcript, of everything official that goes on during the trial.
The rights you give up when accepting a plea bargain are...
-The right to confront your accusers.
-The right to remain silent.
-The right to appeal your conviction and sentence.
What are 3 things that you may have to do if put on probation?
-Be at home, unless you are at work, school, church, a doctor's or mental health appointment, or at the probation office.
-Be tested for alcohol and drugs whenever the probation officer says so.
-See the probation officer whenever told.
-Go to mental health or substance abuse treatment.
-Get a job and keep it.
-Pay restitution, which are fees that you pay to the court for the victim to cover injury, loss, or damage.
-Pay other court costs.
-Pay for probation supervision.
A plea of "No Contest" means that...
...you are not saying that you are guilty or not guilty. You want the judge to decide what happens in your case instead of having a juried trial.
If you are found guilty, what are 3 ways that you might get a longer sentence?
-If you violated probation for another crime.
-If you escaped from jail/prison.
-If you were a gang member when the crime occurred.
-If you had a gun during the crime.
-If at any point during the crime, you or an accomplice threatened somebody with something else that could have been used as a weapon.
-The crime involved selling or giving away drugs.
-Somebody was hurt or killed during the crime.
-Somebody was sexually assaulted during the crime.
-A child was present during the crime, even if they were not harmed.
-Contempt of court.
-Perjury.
What are the 3 types of witnesses?
1. Eye witness.
2. Character witness.
3. Expert witness.
How could a plea bargain help the State Attorney?
-Saves the expense of a trial.
-Saves time/resources.
-Finishes cases where the defendant has already been locked up about as long, or longer, than they would get if found guilty in a trial.
-Could get a defendant to testify against another defendant in the same or some other case.
What are 3 things that you CANNOT do while on probation?
-Drink alcohol.
-Use drugs.
-Own or use a gun.
-Go to the bar, even if you aren't drinking.
-Move to another address without permission from your probation officer.
-Leave the county without permission from your probation officer.
-Go near the victim of the crime you were convicted of, or near their home, family, business, school, etc.
The "Burden of Proof" is...
If you are found guilty, what are 3 ways that you can reduce your sentence?
-Take a plea bargain.
-If you were the accomplice of a crime, but had a very small role in it.
-You were mentally ill at the time of the crime, but can get better with treatment.
-The victim of the crime was the one who instigated trouble.
-Somebody else forced you to do the crime.
-Before you were arrested, you tried to apologize or make it up to the victim.
-You help the police solve other crimes or provide information on accomplices.
-You accept responsibility and show remorse for what you did.
Name 3 rights you have when working with a lawyer.
1. Right to confidentiality.
2. Right to competent representation.
3. Right to be informed.
4. Right to make informed decisions.
5. Right to effective communication.
6. Right to choose your lawyer.
7. Right to not be pressured into pleading.
8. Right to receive legal advice.
9. Right to object to unethical conduct.
10. Right to equal treatment.
What are 2 things to be cautious of when considering a plea bargain?
-Decide if the plea bargain is better for you than going to trial.
-Be sure that the paper you are about to sign is exactly what you discussed and agreed to. Read it carefully.
-Be sure that you can live with the things you will be required to do.
-Whether you committed the crime or not, don't believe it if someone tells you that you have to take the plea bargain--it is your choice.
-A plea of guilty or no contest at your trial is not the same as a plea bargain--plea bargains must be worked out ahead of time. if you don't take one and are found guilty at your trial, you could end up with the maximum sentence.
What are 2 things you should NEVER do if stopped by the police?
-Touch the police.
-Grab the police.
-Put your hand in your pocket or shirt like you are about to pull something out.
-Call the police rude words.
-Tell the police that they are stupid or don't know what they are talking about.
-Tell the police that they are not doing their job right.
-Walk away from them when they are talking to you.