Miscellaneous
True or False: A defendant who was found Incompetent to Stand Trial (IST) has been charged with a crime.
What is: True
The name of the additional charge for acting up in court or disrespecting members of the courtroom.
What is: Contempt of Court
90% of cases in the state of Missouri are settled with _______.
What is: A Plea Bargain or Plea Deal
Three things are necessary for someone to be recommended and ordered Incompetent to Stand Trial (IST). They are:
1) The defendant has a mental illness or disability.
2) Because of that mental illness or disability, the defendant may not be currently able to understand court room proceedings or the charges against them; and
3) The defendant is not able to help their attorney in preparing a ______________.
What is: A realistic defense
The boss of the courtroom. They act like a referee and sit in the very front.
Who is: The Judge.
True or False: If someone is sentenced to serve 10 years consecutively on two charges, they will serve 10 years.
What is: False
If a witness is lying about a defendant, what should the defendant do?
What is: Tell your attorney quietly by whispering or writing a note.
If someone's charges are a case of mistaken identity, then they should plead _____.
What is: Not Guilty
True or False: If a defendant is found Competent, they can not be found Incompetent again. In other words, once someone is found Competent they will stay Competent.
What is: False
Means agreeing to tell the truth.
What is: Under Oath or Swearing In
The ________ will ALWAYS present their case first because they have the burden of proof.
Who is: the Prosecutor
What is: False
You should never eat or chew gum while in the courtroom.
If a defendant pleads guilty, they give up the following rights.
What is: 1) The right to a trial/to face an accuser
2) The right to remain silent
3) The right to MOST appeals
Although the Judge will sign the final order regarding someone's competency, a defendant's competency can be questioned by _________, _________, or ________.
Who are: The Prosecution, The Defense, or The Judge.
If the Prosecutor is questioning the Defendant, it is _______ examination.
What is: Cross
This is what a defendant is asking a prosecutor to prove if the defendant pleads Not Guilty and proceeds to trial.
What is: The Defendant is guilty beyond a reasonable doubt
If a defendant returns to jail and realizes they are not getting the right medications or the right amount of medications, they can inform _______.
Who is: the nurse or doctor at the jail; a guard at the jail or correctional officer; the defendant's attorney; the defendant's family members.
A defendant with Schizophrenia is recommended Competent to Stand Trial (CST) and is able to enter their plea. With the assistance of their attorney, they choose to enter a plea of _______ because their experiences of delusions and hallucinations during the offense impacted their actions and their ability to know right from wrong. Their symptoms were directly related to their diagnosis of Schizophrenia and no other source.
What is: NGRI or Not Guilty by Reason of Mental Disease or Defect
If a defendant is recommended __________, they will go to long term treatment programming here at Fulton State Hospital, they will receive a guardian appointed by the state, and their charges will be dismissed.
What is: Permanently Incompetent to Stand Trial (PIST)
A witness caught lying in their testimony will most likely be charged with _________.
What is: Perjury
True or False: If a defendant enters an Alford or No Contest Plea, they will not go to sentencing because they are not admitting guilt.
What is: False.
True or False: The Prosecutor can call you as a witness for their case against you.
What is: False
A defendant is charged with First-Degree Domestic Assault Resulting in Serious Physical Injury, a Class A Felony. The prosecution has the following evidence: a knife with the defendant's finger prints, the defendant's clothes testing positive for the victim's blood and DNA, and three eye-witnesses who can place the defendant in the area at the time of the crime. The prosecutor offers a plea bargain to lower the charge and, if accepted, the defendant would have to serve a minimum of 10 years in DOC with 5 years on probation with an ankle monitor and having to submit to regular drug testing. Regarding what you know about sentencing ranges ONLY, is this a decent plea bargain?
What is: Yes. A Class A Felony's minimum sentencing range is 10 years, with a maximum of 30 years or life in prison. If the defendant accepts the plea bargain, they will be able to nearly serve the minimum sentence.
If a defendant is recommended Competent by the evaluator, but the prosecution or the defense do not agree with the report or wish to have more information, the attorneys can request a ___________ on the defendant's behalf. This is why it is so important to communicate one's wishes with one's attorney when recommended CST or in conversations with their attorney.
Second Opinion
Of the following, which is the first thing to happen in a jury trial?
a) opening statements
b) presenting the case
c) jury selection
d) deliberation
What is: C) Jury Selection