Evidence (MOD 6)
Data presented in court that may include witness testimony, records, documents, objects, etc.
Evidence
What is the possible jail time for an M1?
6-18 Months
A length of time you would have to spend in jail or prison
Sentence
What are some plea options?
Guilty, not guilty, no contest, NGRI
BONUS: What is Alford plea? The defendant maintains their innocence but admits the evidence is strong enough that they would likely be found guilty at trial.
This person represents the defendant and makes sure their rights are protected during trial.
Defense attorney
Tangible items found at the scene of a crime - important documents, photographs, weapons, fingerprints, blood samples, DNA, etc.
Physical Evidence
What is the possible jail time for an F4?
2-4 years; extraordinary risk: 2-8 years
Payment for damage or loss of property, or the return of items stolen or lost.
Restitution
With the assistance of their attorney, the defendant presents information to the court in order to demonstrate their innocence or to reach a desired outcome.
Legal or defense strategy
In Monopoly, this card can get you out of trouble without paying bail
Get out of jail free
Evidence in the form of a testimony from a witness who saw, heard, or touched the subject of questioning without relying on inference or other evidence
Direct Evidence
This is the principle that courts use to make sure the punishment fits the seriousness of the crime
Proportionality
The Judge gives you a length of time to show you can do well and not get in trouble instead of having to go to jail. If you do well during this length of time, you will not be prosecuted. During this time, you will probably be asked to report to a probation officer. If you accrue new charges or don't follow the rules, you can serve original sentence in full.
Deferred Sentence
What should you think about when considering your plea options?
Evidence for/against you, potential witnesses, possible sentence, and your past criminal history
This is the agreement the defendant makes to be released from jail while awaiting trial, usually by paying money or agreeing to certain conditions.
Bail
Evidence which strongly suggests something, but does not exactly prove it. It can help people draw inferences about a person acting in a manner consistent or inconsistent with the alleged crime
Circumstantial Evidence
What is the possible fine for an F2?
$5,000-$1,000,000
The Judge has found you guilty and has imposed a sentence, but based on their belief that you can do well, gives you the opportunity to not serve your sentence. During the length of your sentence, you will probably be asked to report to a probation officer. If you accrue new charges or don't follow the rules, you can serve original sentence in full.
Suspended Sentence
If you go to trial, what information will be used to determine if you are found guilty/not guilty?
Evidence for/against you, potential witnesses, possible sentences, your past criminal history
Before a trial, this is the process of choosing the people who will serve on the jury.
Jury selection
This rule prevents evidence from being used in court if it was obtained illegally, such as through an unlawful search.
Exclusionary Rule
What are some extraordinary risk crimes?
Aggravated robbery, child abuse, sale or possession of a controlled substance, crimes of violence, stalking, unlawful sexual contact, sale or distribution of materials to manufacture controlled substances, SAOC/position of trust
When someone is convicted of multiple crimes, these two options decide if their prison time is served all at once or one after the other.
Consecutive vs. Concurrent Sentences
Give 3 rights that are given up in a plea bargain.
Right to trial by jury, right to appeal, right to confront witnesses, right against self-incrimination (5th amendment), and right to be presumed innocent until proven guilty.
This constitutional right guarantees that a person cannot be tried twice for the same crime once they’ve been acquitted or convicted.
Double jeopardy