Punishment
What are the four theories of punishment:
retribution, deterrence, incapacitation, and rehabilitation.
The criminal justice system consists of three broad stages:
investigation, adjudication, and sentencing.
When is it called when an officer uses an unreasonable amount of force
Brutality
Explain what are Admissions by a defendant
An admission is when a defendant says something which says or implies that she is guilty of the crime with which she is charged.
When an attorney poses a question to a witness that would violate the evidentiary law, the opposing attorney should make an ___.
objection!
List NY 6 Sentencing Options:
imprisonment, probation, conditional discharge, unconditional discharge, fine, and split sentence.
The jury’s return of a verdict is the end of the
ADJUDICATION phase
Maximum Prison Term for Felony
Out-of-court statements are admissible when they are made during a startling event or condition made while the declarant (the one making the statement) was under the stress of excitement.
Excited Utterance
An objection which is ___ means the judge disagrees with the objection and the witness may respond to the attorney’s question. An objection which is ___ means the judge agrees with the objecting attorney and the question and/or answer must be disregarded.
overruled, sustained
This method seeks to repair the harm that was done, whether it be societal or to an individual. Focuses on healing, peaceful conflict resolution, and accountability based on accepting responsibility for one’s actions.
Restorative Justice
Are there times when a criminal act is justifiable?
Yes, by an affirmative defense
Identify the different classes of crime in New York.
Felony, misdemeanor, violation
A question calls for __ when the attorney asks the witness to testify about an out-of-court statement made by another person.
hearsay
Name the qualifications a lay witness must have to testify (4 factors)
Must have personal knowledge about the facts to which she is testifying;
2) Must have some memory of it;
3) Must be able to communicate it; and
4) Must have an appreciation for the obligation to tell the truth.
the ___ sets ranges of punishment for specific offenses; and ___ set the sentences that individual defendants receive.
legislature; judge
The exceptions to the warrant requirements are: (there are 5)
(1) Search
Incident to a Lawful Arrest; (2) Plain View; (3) Consent; (4) Hot
Pursuit; and (5) Emergency.
The police must inform a suspect of those rights before any custodial interrogation.
Miranda Rights
Failure to make an objection between the time the question is asked and the witness’ answer is called a __
waiver
Explain the difference between direct and cross examination ?
Direct: working with your witness, witness is the main story teller
Cross: Trying to point out inconsistencies in previous testimony, attorney tries to be main story teller.
Name some of the competing interests a judge must weigh when making a sentencing decision.
the severity of the crime; the message that the sentence will send to the public about illegal acts; need for flexibility in case of any mitigating circumstances; and which theory of punishment is most relevant to the individual defendant.
How does the bail system operate?
At a bail hearing, judges in New York State are only concerned with securing a defendant’s return to court. Factors considered by a judge when deciding include: the seriousness of the offense; criminal history; and the likelihood that the defendant will flee.
How does the plea bargaining system operate?
This method of resolving cases is quicker, easier, and vastly less expensive than trials.
- In a plea bargain, the defendant agrees to plead guilty to a reduced charge and the prosecutor agrees to take the necessary steps to ensure the defendant receives a lesser sentence than he/she would if found guilty at trial.
What is the main purpose/ goal of a closing argument.
highlight the strengths of your case as presented through direct examination and minimize the weaknesses in your case that the opposing attorney exposed through cross-examination of your witnesses.
Name all the steps of a criminal trial in order.
Introductory Statements
(a) opening statement by the prosecutor,
(b) opening statement by the defense attorney,
Stage 2: Prosecution Presents Case
(a) direct examination of prosecution’s witnesses, by prosecutor
(b) cross-examination of prosecution’s witnesses, by defense attorney
Stage 3: Defense Presents Case
(a) direct examination of defense’s witnesses, by defense attorney
(b) cross-examination of defense’s witnesses, by prosecutor
Stage 4: Summary Arguments
(a) closing statement by the defense
(b) closing statement by the prosecution,
Stage 5: Instructions/Deliberations/Verdict/Sentencing
(a) jury instructions by the judge
(b) jury deliberations
(c) jury verdict
(d) sentencing by judge