Definitions
Competency.
Ability to understand legal proceedings
What are the 3 pleas that a defendant can plead?
Guilty, not guilty, no contest
12
What is a sentence?
A punishment that someone receives if they are found/plead guilty of a crime
What is evidence?
Things that show that a defendant did or did not commit the alleged crime
Felony and Misdemeanor.
Types of charges; felony is more serious; misdemeanor is less serious
The prosecutor will often offer a deal for the defendant to plead guilty to a lesser charge or a lesser sentence, what is this deal called?
Plea bargain
What side (prosecution or defense) are the judge and jury on?
Neither, they are neutral
Who provides a sentence?
Judge
What does it mean to testify?
To talk about what you know about the case while on the stand in the courtroom
Perjury.
Lying under oath
What does it mean to plead no contest?
You are not admitting guilt but you are accepting the charge
What are the 3 roles of the judge?
Keep order in the court; sentence the defendant; provide the verdict if there is no jury
What are 3 types of sentences?
Prison, probation, fines/restitution, level 4 facility, community service, house arrest, treatment, medications, etc.
What are 3 different types of evidence?
DNA, video footage, witness, fingerprints, hair, physical objects, etc.
Contempt of Court.
A charge that someone can receive if they are disruptive in the courtroom
What are the 2 mental health defenses in the State of Delaware?
NGRI (Not Guilty By Reason of Insanity) and GBMI (Guilty But Mentally Ill)
Who questions a prosecution witness?
BOTH the defense lawyer and the prosecutor
How many levels of supervision are there in the state of Delaware?
5
What side (prosecution or defense) can have evidence?
Both
Cross Examination.
When the opposite attorney questions a witness (i.e. when the prosecutor questions a defense witness; when the defense attorney questions a prosecution witness)
Typically, are you able to reverse a plea bargain after you have already agreed and signed the papers?
In most cases, after taking a plea bargain you are unable to reverse it.
When a witness for the defense is testifying, who will question them first?
Defense Attorney
Level 3 Probation
Is a defendant REQUIRED to testify in their own case?
No they are NOT required to testify, however they can testify should they wish