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A type of structured sentencing that is established by legislative statute and rules out the possibility of alternatives to prison (fixed).
What is determinate sentencing?
A trial in which a judge (or panel of judges) acts as the fact finder, weighs the evidence, deliberates, and renders a verdict
What is a bench trial?
An attorney may remove a prospective juror from the venire without giving a legal reason. It is unconstitutional to remove a prospective juror based on ethnicity, race, or gender.
What is the peremptory challenge?
An exception to the hearsay rule that allows a statement made by a person during a shocking or upsetting event
What is excited utterance?
a law that requires prisoners to serve at least 85% of their sentences in order for states to qualify for federal financial aid.
What is the Violent Crime Control and Law Enforcement Act of 1994?
A system of sentencing that allowed greater judicial discretion.
· Under this system, judges had greater discretion to craft an individualized sentence with an emphasis on rehabilitation.
What is indeterminate sentencing?
It is a type of mandatory minimum that mandates long (including life) prison terms for a third offense.
What is a three-strikes law?
An argument that the venire should be discharged due to the deficiency or illegality in the way it was selected
What is the challenge to the array?
An exception to the hearsay rule that allows witnesses to testify under oath about the person's friends and acquaintances
What is the reputation concerning character?
A sentencing concept that takes into account an offender's criminal past
What is the sentencing concept of social debt?
A trial used to settle disputes between two parties that do not involve criminal conduct
What is a civil trial?
Evidence introduced in a trial that does not require an inference to be drawn by the fact finder body
What is direct evidence?
A challenge during voir dire in which the defense counsel, the prosecutor, or the judge identifies a potential juror she/he believes cannot be unbiased, fair, or impartial.
What is the challenge for cause?
1. In capital cases, prosecutors are required to file a notice of their intent to seek the death
penalty in the case.
2. During voir dire, attorneys ascertain whether prospective jurors are death qualified.
3. Capital juries are more likely to be sequestered.
4. Capital cases involve bifurcated trials.
5. Capital criminal cases require a unanimous verdict from the jury. Without a unanimous
verdict, the defendant will not be found guilty and cannot be executed.
6. A mandatory appeals process almost always characterizes capital cases.
How do capital cases differ from noncapital cases?
A sentencing concept that emphasizes that similar crimes can be punished in similar ways and with similar severity
What is the sentencing concept of equity?
A trial in which ____ acts as the fact finder, weighs the evidence, deliberates, and renders a verdict
What is a jury trial?
Evidence that requires the fact finder body to interpret it and draw conclusions about its meaning
What is circumstantial evidence?
guiding what is evidence and what can be introduced in trial. All evidence must be relevant (i.e., must have the ability to help prove or disprove a fact in dispute in the trial.), material (i.e., must be offered to prove a fact in dispute in the trial) and competent (i.e., must be reliable).
What is the federal rule of evidence?
can occur at any time during the trial for such things as a hung jury (deadlock) incorrect jury selection, improperly admitted evidence, death or illness of a juror or attorney, disqualification or misconduct of a juror, or significant prejudicial error that cannot be overcome using the instructions to the jury to disregard.
for what reasons can a mistrial be declared by the judge?
A sentencing concept that indicates that the severity of sentencing should correspond to the severity of the crime committed
What is the sentencing concept of proportionality?
A trial to ascertain the guilt or lack of guilt of a defendant charged with committing a crime
What is a criminal trial?
Something that disallows testimony from a person about which she/he has no personal knowledge
What is the hearsay rule?
An exception to the hearsay rule that allows the dying words of a witness to a crime to be used in court
What is dying declaration?
Retribution, incapacitation, deterrence, rehabilitation, and restoration
What are the primary goals in sentencing?
1. The defendant must, in writing, voluntarily and knowingly waive her/his right to trial
by a jury.
2. The government must consent to a bench trial.
3. The court must approve.
What criteria must be met for a bench trial to be possible?