PreTrial ID & Confessions
The right against _______ is designed to keep the burden of proof on the state, to force the government to find reliable evidence, and substantially to reduce the temptation to use excessive means to coerce confessions?
Self-Incrimination
Who determines whether you are eligible for bail?
Judge
Who is a body of citizens that hears evidence regarding possible criminal activity and decides whether that evidence is sufficient to bring an accused to trial?
The Grand Jury
Where did the right to a jury by a trial of your peers originate from?
The Magna Carta
The Sixth Amendment and Gideon v. Wainwright (1963) guarantee an accused what right?
The right to assistance of counsel at trial
What are the two types of immunity?
Use and Transactional
What is considered for a defendant to be granted bail? (Name at least 3)
Nature of the crime, flight risk, ties to the community, job/family)
A hearing held in the judge’s chambers without other witnesses or spectators present is called __?
In Camera
A lawyer who has acted in a manner that is inconsistent with the standards of practice either willfully or negligently and has negatively affected the outcome of the client’s is called _____?
Ineffective assistance of counsel
What guarantees the defendant the right to confront a witness at trial?
6th Amendment
What is subpoena duces tecum?
Command to provide, or appear in court with, specified documents.
What kind of representation is comparable to doing your own brain surgery in a criminal trial?
Pro Se
What is a prima facie case?
Enough evidence on each element of the crime, absent any evidence of refutation, to conclude that the defendant is guilty.
The ability to have a jury is required in the trial of all crimes except these three types?
petty offenses, juvenile cases, and military crimes.
A prosecutor who raises an inference of guilt by commenting on the defendant’s choice not to testify is a violation of the right sufficient to warrant a new trial or a reversal of any conviction? T or F?
True
An attack on a witness’s credibility, showing inconsistent statements is called what?
Impeachment
The process that provides for a fugitive from justice from one state to be arrested in another state and be returned to the original state for trial is called___?
extradition
Who is the target witness before the grand jury?
The “target witness” is the specific focus of the investigation and the person most likely to be indicted.
A Gag Order, isolation of witnesses and jurors, and a change of venue are tools a Judge can use to limit what in a case?
Media Access
What are the two types of challenges offered to attorneys in voir dire?
Challenge for Cause & Peremptory Challenge
WHEN CAN INCRIMINATING TESTIMONY BE COMPELLED?
Under immunity
What is an interlocutory appeal?
An appellate court review of an issue that does not determine guilt or innocence but is necessary or useful to have decided prior to going to trial. (could be used if bail is unreasonably high)
What does it mean to “Quash” something?
Void an unreasonable demand
Evidence based on a witness’s firsthand knowledge that proves a fact in issue is called _____?
Direct Evidence
What is a rejoinder witness and when do they testify in the trial?
They are after the rebuttal witnesses and can only testify/rebutt what the rebuttal witness brought up during their testimony