Vocabulary
This is an individual whom the government has charged with a crime
Defendant
This is the side that has the burden of proof in a criminal trial
The prosecution
Burglary in the third degree
This phrase translates to "guilty mind" and it must be present in order for a person to be charged with most crimes
Mens rea
A fingerprint found at the scene of the crime would be this type of evidence
Physical
This is serious crime for which the state can imprison a person for more than a year
Felony
This is the number of votes that a jury needs to convict a defendant
Twelve (unanimous vote)
This is the maximum sentence for a class E felony
Four years
This type of crime does not require a mens rea
Strict liability crime
This type of evidence consists of documents presented by an attorney during trial to prove the defendant's guilt or non-guilt
Documentary evidence
This is a written accusation by a grand jury charging an individual with a crime, generally a felony
Indictment
This is the step in a trial that happens immediately after a direct examination
Cross examination
This is the maximum sentence for a class B felony
Twenty-five years
This affirmative defense is based on the principle that punishment is justified only if the defendant is capable of controlling her behavior and understanding that what she has done is wrong
Insanity
This type of evidence consists of oral statements made under oath by witnesses before (in the form of affidavits) or during trial
Testimonial evidence
This is the process for determining the outcome of a particular matter in dispute
Adjudication
These are the three parts of the American criminal justice system
Investigation, adjudication, and sentencing
A person commits this felony when she steals property by using or threatening to use physical force on another person
Robbery in the third degree
This is the actus reus of arson in the third degree
Starting a fire or causing an explosion
This type of evidence include maps and diagrams that are made to be presented during trial
Demonstrative evidence
This is the term for jury selection
Voir dire
This is the type of question that can only be asked during cross examination
Leading question
This is the type of felony with which a person would be charged if she unsuccessfully attempted to commit a class B felony
Class C felony
In New York, a person is not able to argue defense of person if she had the opportunity to do this
Retreat
This type of evidence will prevent the jury from making a fair decision based upon the relevant facts
Overly prejudicial evidence