What is an eye witness?
Someone who actually saw something happen related to the crime.
What is perjury?
Lying to the court under oath.
What is due process of evidence?
Evidence that is collected legally
What does a judge do?
They make sure all rules and laws are followed.
Punish witnesses who lie.
Decide guilty or not guilty in a bench trial.
Decides sentence if found guilty.
What are some examples of physical/direct evidence?
Finger prints
Weapons
Pictures
Body fluids/DNA
Documents
Video/audio tape
What is cross examination?
Double points* if you role play/demonstrate cross examination.
When a witness is questioned by the other attorney after the first attorney finishes with his/her questions.
What does a court reporter do? Why is their job important?
Type in a small machine and record everything said in court.
It is important to keep records of what happens in the court room. You never know when your case will be referenced (for a retrial, to examine possible parole/probation, ect.)
List examples of circumstantial/indirect evidence.
Motive
Opportunity
What are the different types of sentences?
Jail, prison, probation, fines, restitution, house arrest.
What are the procedures of a formal trial?
Prosecutor presents case with witnesses and evidence against defense
Defense counsel presents defense with witnesses and evidence
Judge rules on evidence
Judge instructs jury
Jury decides verdict
What does a Bailiff do?
They are like a police officer
They help in court
They escort defendants
What is a key witness?
This is a witness who is VERY IMPORTANT or a KEY to the attorney's case. Both prosecutors and defense attorneys will likely have key witnesses.
What is a plea bargain?
Why would you agree to a plea bargain?
Pleading guilty to a lesser charge for a reduced sentence.
It could be the best possible deal you can get from a prosecutor.
List the ways in which evidence can be legally collected.
By a search warrant
Collected at the crime scene
Law enforcement has permission
As a condition of parole or probation
What are ways to help your attorney?
Never lie
Listen and be able to explain yourself
Know your case
Manage your mental health
What does a jury do and how many people are in a jury?
6-12 people
Listen to all evidence at a trial and decide if the defendant is guilty or not guilty.
Out of your 6 rights, what is the only right you keep when you agree to a plea bargain? Why only that one?
Right to an attorney. You plead guilty, thus you give up your other rights.
What is a bench trial?
There is no jury
The judge determines the guilty or not guilty verdict
Normally faster than a jury trial
What is the proper way to behave in court?
Be polite and quiet
Listen carefully
No cussing, swearing, or name calling
Assisting in the defense case
What are the four types of pleas?
Guilty
Not guilty
Not guilty by reason of mental illness
Alford Plea/No contest
What are ways to manage your mental health?
Take your medications.
Take care of your body.
Surround yourself with good people.
Meet with your doctor.
Set realistic goals.
What type of evidence is the weakest? Why?
Circumstantial evidence. It is he said she said and doesn't directly link a defendant to a crime.
DOUBLE Points* Define the following:
Jail
Prison
Probation
Fine
Restitution
House Arrest
Jail is a facility where you are detained for a year or less
Prison is a facility where you are detained for a year or more
Probation is a supervised and conditional release from jail/prison
Fines are payments you make to the government for breaking the law
Restitution is a payment you make to a non-government entity
House arrest is a detainment in one's own home rather than a prison/jail
What are your 6 rights?
Right to plead not guilty
Right to see all evidence
Right to confront witnesses
Right to remain silent
Right to an attorney
Right to a trial
What are the two things the prosecutor must do to prove you are guilty "beyond a reasonable doubt"?
DOUBLE POINTS*
Show that the evidence is related to the crime
Show that the evidence links you directly to the crime