US Constitution
What is covered under the 8th Amendment?
No cruel or unusual punishment
Who is the person running the trial?
The Judge
What does 'the accused' mean? Who is that person?
the person who the police accuse of committing the crime
What does 'sentencing' mean?
What document gives rights to the person accused of committing a crime?
The US Constitution (The Bill of Rights would also be acceptable)
What is 1 right that is covered under the 5th Amendment?
-No self incrimination (you don't have to testify against yourself)
-You can't be tried for the same crime twice
Who are the people trying to get their client found not guilty?
The Defense Attorneys
What happens during an investigation?
evidence is collected
What does 'bench trial' mean?
the judge listens to the case and decides if the accused is found guilty or not guilty
How many people are on a jury?
(there most likely will be alternates, too)
What is covered under the 7th Amendment?
Who are the people trying to get the accused to be found guilty?
What does the defense team have to prove in court?
Doubt, how someone else could have committed the crime
What does 'not guilty' mean?
there was not enough evidence to convict the accused of the crime
it does NOT mean they didn't commit the crime
What happens if there is not enough evidence to make an arrest?
-no one is arrested
-the crime goes unsolved
What right is covered under the 4th Amendment?
No illegal search and seizure OR a warrant must be shown before entering a house, office, storage unit...
Who has the burden of proof in a trial?
The Prosecution
What happens if there is not enough evidence to continue trying the accused?
The accused is released and can go home
What is a plea bargain?
The accused pleads guilty in exchange for a lesser sentence or some of the charges dropped
What happens to the accused person if the judge or jury finds them 'not guilty?'
They are free to go! The trial is over!
-Right to a speedy trial AND
-Right to have an attorney represent you
Who is the person in leadership in the jury?
The Jury Foreman
-They keep the deliberations going and are the ones who read the verdict aloud to the courtroom
What happens at an arraignment hearing?
The accused pleads 'guilty' or 'not guilty'
What does 'indictment' mean?
-formal charges accusing the accused of committing the crime
-going to trial
What percentage of criminal cases typically go to trial?
Only 5%
(most plead guilty to get sentences reduced or other charges dropped)