People
This person makes sure your rights are protected, sentences, determines the verdict in a bench trial.
Who is the Judge
What are your six rights
Right to plead not guilty
Rights to see all evidence and bring evidence
Rights to confront and bring witnesses.
Right to remain silent
Right to an Attorney
Right to a trial
What is a charge?
It is the official statement of what you are accused of doing that broke the law. It results in the state “prosecuting” the defendant.
What are the different sentences
1. Jail
2. Prison
3. house arrest
4. Probation
5. Fines
6. Restitution
What does it mean to be competent?
Competency is about how you are doing right now and not how you were doing when you allegedly committed the crime. Competent to stand trial means that at the present time (HERE AND NOW) you can demonstrate the following:
You know your legal rights
Understand the definitions and meanings of different legal words
Understand your charges and penalties
Understand the facts in your case
Help your lawyer in your defense
with a calm and rational manner
Maintain appropriate behavior in the courtroom
You know the jobs of the people in the courtroom:
-Judge
-Prosecutor
-Defense lawyer
-Defendant
-Bailiff
-Court reporter
-Clerk
Finally, you are able to learn ways to manage your mental illness which may include taking prescribed medication, so you can help your defense attorney in getting a fair trial.
What is the difference between the court reporter and court clerk?
court reporter-types everything that is said is the courtroom
Court clerk/administrator-records evidence, schedules hearings, acts like a secretary, swears people in
What rights to you keep in a Plea Bargain
Right to an attorney
Why is it important for a defendant to know the charges that have been filed against them?
So the Defendant is able to understand what they are being accused of doing and are better able to participate in their defense.
What is the difference between Jail and prison
Jail is up to 1 year and in the community where the crime occurred
Prison is a year and a day or more and can be anywhere
Direct or Physical evidence
These are the physical objects (that can be touched, held, shown, smelled, heard, etc.) that help the prosecuting attorney show you committed the crime. It is direct evidence that is generally the STRONGEST evidence because it is hard for the defense attorney to make the jury and/or judge “reasonably doubt” that it connects you to the crime.
What are three types of witnesses and what do they do?
Eye Witness-have specific knowledge of the case saying what they saw or heard
What happens if you use your right to plead “not guilty”?
You will go to trial
What is a criminal complaint?
It is a report of important facts about the alleged crime. It gives information about what evidence could be used and who the witness might be. It is filed by prosecutor’s office with the court which begins the criminal process.
T or F If you are on probation you are required to wear an ankle or wrist monitor
No. A monitor is required when you are under house arrest, but you will have conditions that you will need to follow.
What is perjury?
Lying under the oath.
This person is on your side, they try to find the defendant not guilty or get the best possible deal
Who Is the defense attorney, my attorney, public defender
Can anyone in court order the defendant to take the
witness stand? What right does that apply to?
No--only the defendant can make the decision to testify
The right to remain silent
Where could you find the level of crime you are charged with and the possible sentences?
On the criminal complaint
What are the four pleas?
Not guilty
Guilty
Not guilty by reason of Mental illness
No contest or Alford plea
What is a bench trial
There is no jury, the judge is the only one who decides the verdict
What are the requirements to sit on a jury
1. Be a us citizen
2. Live in the community were the alleged crime occurred.
3. Cannot have a Felon
4. Be healthy enough to serve
5. Be able to read, write and speak English
6. Be at least 18 yrs old
Why is having an attorney an important right?
They know how a court room operates and will speak for you in the courtroom
In you are charged with a crime does that mean you are guilty of a crime?
No you have only been accused
What is a verdict?
When you find out if the jury or judge has found you guilty or innocent of the crime you are charged with.
What is the difference between a trail and a hearing.
Trails end in a verdict