Trial Process
What is it called when a Judge decides the verdict
Bench trial
What is the most important part of a trial?
Evidence/presentation of evidence
What is a charge?
A formal accusation of a crime
What is the max commitment for competency restoration?
2 years
What is the minimum time that must be spent at a State Hospital (if NGI)?
6 months
What are the jobs of the Defense Attorney?
Defense Attorney: Defend your rights, try for acquittal, negotiate plea bargain, cross-examine evidence.
What are the two types of evidence?
Physical and testimonial
What is a hung jury?
When a jury cannot come to a unanimous decision
Which pleas can you NOT get a plea bargain?
Guilty and No Contest
What happens if a defendant is found not guilty?
What happens if a defendant is found guilty?
They are released.
They are sentenced.
What is it called when a jury decided the verdict ?
Jury trial
What are the three types of witnesses?
Eyewitness
Expert witness
Character witness
What is a verdict
The outcome of a trial
What are the two prongs to restoring competency?
Prong 1: General court knowledge
Prong 2: Working with your attorney
Name the conditions for probation?
No leaving the county
Check in with PO
Drug tests
No alcohol
No associating with felons
Keeping a job
Types of examination
Cross examination and direct examination
What's the job of the prosecutor?
Prosecutor: File charges, try for convictions, offer plea bargains, present evidence.
What is a plea?
An answer to a charge
What rights do you give up when accepting a plea bargain?
Right to a trial
Right to cross-examine witnesses
Right to remain silent
Right to appeal
What are some possible sentences if found guilty?
Incarceration
Probation
Programs
Fines/restitution
State Hospital
What PC 1368 mean?
1368:
This law is used when the court thinks a person may not understand what is happening in their criminal case.
If that happens, the judge must pause the case and check the person’s mental competency.
What does PC1370 mean?
When a person charged with a crime is not mentally able to understand the court process.
What PC 1372 mean?
The person who was previously mentally incompetent is now considered competent again, so the criminal case can resume..
What does a judge do in trial?
Preside over courtroom
Pick what evidence is allowed
Give jury instructions
Decide the verdict
Decide sentencing
What are some possible outcomes if a defendant is unable to restore competency?
Conservatorship