Investigation
What is law enforcement's responsibility in the investigation stage?
Gathering evidence and/or enforcing the law.
Who has the burden of proof in a criminal trial?
The prosecution/prosecutor.
Which participant in the criminal justice system oversees sentencing?
How many participants are there generally in the criminal justice system?
How many stages are there in the criminal justice system/process?
What is the difference between a prosecutor and a defense attorney?
A prosecutor represents the state or government and prosecutes a defendant.
A defense attorney represents the defendant/accused.
What is the difference between a felony and a misdemeanor?
A felony is a more serious crime punishable for more than one year.
A misdemeanor is a less serious crime punishable up to a year.
What is the difference between convicted and acquitted defendant?
An acquitted defendant is one who has been found not guilty by a jury.
A convicted defendant is one who has been found guilty by a jury.
Potential juror Kim Petras tells the court that the defendant is her next door neighbor of ten years and that she absolutely believes he is a good person who would never commit a crime.
Can she be removed from the jury? For what reason?
Yes and for "Challenge for Cause."
At what stage of the criminal justice system are jury instructions given?
The Adjudication stage.
What are the four types of evidence that could be gathered at the investigation stage?
Physical, Testimonial, Documentary, and Demonstrative.
At what step does the defendant plead guilty or not guilty?
Arraignment.
What is Recidivism?
A term used to describe convicted criminals who, after serving time in prison, are released and reoffend (commits further crimes).
The defendant is Latino. The prosecutor uses four of her peremptory challenges and every single one to remove a Latino juror from the pool.
Is this constitutional?
No. A juror's removal cannot be based on race or gender.
What kind of evidence is "Text Messages" an example of?
Documentary Evidence.
What happens at "booking" after a police officer arrests a suspect and takes the suspect to the police station?
The police officer officially records the arrest. They take photographs, fingerprints, write a complaint of the charges, and enter the suspect's information in the system.
What does it mean to be released on one's own recognizance?
When a judge releases a defendant from custody based solely on their promise to return to court (This does not require any payment of bail money or bond)
What does the judge consider when sentencing a defendant who has been convicted?
The judge considers the nature of the crime, the circumstances, the history, character, and condition of the defendant, the need for any trinaing or other assistance, and the public’s interest in justice.
DeShawn is convicted of armed robbery and sentenced to 15 years. During the trial the judge allowed the prosecutor to show the jury a confession that DeShawn's lawyer argued was obtained illegally. DeShawn had asked for a lawyer three times during questioning and officers kept interrogating him anyway before he finally confessed. The judge overruled the objection and let the confession in. The jury heard it and convicted DeShawn twenty minutes later.
What rights does DeShawn have in this moment? What can he do?
DeShawn can appeal. The judge made an error by admitting evidence that was obtained illegally. Without the confession, the jury may have never convicted him. DeShawn has a right to have his conviction reviewed by a higher court.
What does Voir Dire mean?
"To speak the truth."
What is the Model Penal Code and what is its relevance to the criminal justice system? (Getting close to the answer is fine)
BONUS POINTS IF YOU KNOW WHAT THE WORD IS FOR A COLLECTION OF STATUTES THAT DEFINE AND MAKE UP A STATE'S CRIMES AND PUNISHMENTS.
The Model Penal Code is a suggested set of criminal laws that serve as a blueprint or guide for states to use to make their own criminal laws more consistent, fair, and organized.
Criminal Code.
How high is the burden of proof for the prosecution? What must they prove?
Very high - the prosecution must prove the defendant is guilty/has committed the crime beyond a reasonable doubt.
The jury could not reach a unanimous decision in convicting or acquitting a defendant.
What is this called and what happens next?
This is a hung jury and the prosecution must retry the defendant again.
Marcus is charged with robbing a convenience store. The jury hears all the evidence, deliberates, and comes back with a verdict of not guilty. Two weeks later detectives find new surveillance footage that clearly shows Marcus committing the robbery. The prosecutor wants to charge him with the robbery using the new video as evidence.
What happens?
The prosecution is out of luck!
Marcus cannot be retried for the same crime, of which he has been acquitted for, because of the Double Jeopardy Clause of the 5th Amendment.
Recite the entire "Miranda Warnings"
You have the right to remain silent. Anything you say can and will be used against in a court of law. You have the right to an attorney. If you cannot afford one, an attorney will be appointed. Do you understand? Do you wish to speak to me?