Parties (Not the fun kind)
The party initiating a civil suit.
Who is the Plaintiff?
This is the process where attorneys choose a jury
What is voir dire?
Name two (2) of the four (4) philosophies of punishment.
No partial credit.
What are: Retribution, Incapacitation, Deterrence, Rehabilitation
The Court must hold a preliminary hearing on a probation violation within this many working days of an arrest unless the probationer waives the preliminary hearing or a final violation hearing is held first.
What is 7?
This is the rule regarding law enforcement using thermal imaging to measure the amount of heat coming from a house.
What is the use of thermal imaging devices by law enforcement is a search and therefore the officers need a search warrant before utilizing this tool.
Claims of private personal injury from another private party that are not criminal.
What is a tort?
This is the venue in which most felony trials are held in North Carolina.
a. Municipal courts of limited jurisdiction
b. Federal magistrate courts
c. Small claims court
d. County superior courts
What are county Superior Courts?
True or False. If an offender raises an insanity defense and the Court grants the defense, then the Court loses all power over the offender and can not remand the offender to the custody of a medical facility.
What is False?
Name two (2) parties who can serve an arrest warrant that has been issued from a probation violation.
What are Law enforcement officers and probation officers?
This is the rule regarding walking a drug detection K9 around a vehicle that has lawfully been detained while on a public road or area.
What is the rule that states walking a drug detection K9 around a lawfully detained vehicle does not constitute a search and therefore no warrant or probable cause is needed?
This is the burden of proof in the civil justice system
What is preponderance of the evidence?
This party is responsible for maintaining order in the Courtroom in the local and State Courts.
Who are Sheriff Deputies?
Name three (3) factors that could result in a Defendant receiving an unfair sentence.
Unfair/Unconstitutional law
Juror Bias
Prosecutorial Bias
Ineffective/Inadequate Defense Counsel
Inaccurate presentence report
Name three (3) things that the Court can order as a part of the probation terms.
Participate in an educational development program
Submit to house arrest with electronic monitoring
Report to the offender's probation officer on a frequency to be determined by the officer
See lesson for full listing
What is the rule for an officer who is concerned that a person he has detained might possess weapons?
What is the Terry frisk rule?
This is the party being sued in a civil suit.
Who is the Defendant?
This rules regulate nearly every aspect of a trial and its proceedings.
What are the Rules of Evidence?
Name four (4) aggravating factors to a criminal act in North Carolina
No partial credit
Review the North Carolina Felony Punishment Lesson for a full listing
How is the current/modern view of Probation different from the old school/traditional view?
The old view saw probation as a privilege and the defendant had very few rights when it came to the procedures and law. Now, we have due process rights and other Constitutional protections built into the procedures and law.
What is the rule from Riley that says that Officers must obtain a search warrant before searching an arrestee's phone?
This is the outcome of the trial in a civil case.
Hint: it's not guilt
What is a judgment of liable or not liable?
Name two (2) parties that can initiate the plea bargaining process.
No partial credit.
What are the prosecutor and/or Defense counsel?
Name four (4) mitigating circumstances to a criminal act in North Carolina.
No partial credit.
Review the North Carolina Felony Punishment lesson for a full listing
A defendant sentenced to this Court order is subject to the conditions that he or she must follow as part of the sentence. A willful failure to comply with the conditions is a violation of it.
What is Probation?
These are two rules for officers who go to a defendant's home with an arrest warrant and want to conduct a search.
1. They need a search warrant to search the entire home
2. They can search the defendant and the lungeable area of the defendant
3. They can seize evidence that is in plain view that they may see while arresting the defendant.