Defenses
Brooke was arrested for conspiracy to protect assist Tessa in stealing the Personal Law exam, but not only did Brooke not assist in stealing the exam, she did not know Tessa did it. What type of defense would Brooke put on based on what took place?
Substantive (She was charged but did not commit the crime)
This is the only side to a criminal trial with the right to appeal the outcome
Defense
Abigail was at her friend Brookes home and took some valuable hair brushes, then put them in her purse. If Abigail is arrested, what will she be charged for? Can she appeal the outcome of the trial if she loses?
Larceny and yes
Number of jurors on a criminal jury
12
Defendant are not required to do this?
A. Put on a defense
B. Speak to police or Prosecutors
Elvis was arrested and charged with Burglary, but was never read his rights. What are these rights called?
Miranda Rights
At arrest, a person has a right to remain silent, which is based on this amendment?
5th
Colin goes to the Miami-Bills game and gets into an argument with a Miami fan. As the argument gets more and more heated, Colin stands up to walk away. Colin is pushed and the Miami fan jumps towards Colin with their fist clinched. Colin pushes the Miami fan away and they fall and get a concussion. After being read his rights and told the charges, at trial, what type of defense would Colin use and would that be procedural or substantive?
Self Defense, Substantive
This means freedom from being prosecuted in exchange for helping the prosecutor
Immunity
Colin and Madison worked together to plan a criminal act against a local business. What would each be charged with?
Conspiracy
Olivia was walking home one evening when she was hit in the side of the head by Mallory. Mallory was charged with 1st degree assault but it could only be proven she committed 2nd degree assault. What defense would Mallory use?
Substantive
This is the step in the criminal process where a defendant is read their charges and asked to plead guilty or not guilty
Arraignment
Luke decides to create a business faking Taylor Swift signed items and sells them online. Luke gets arrested for this. If Luke is charged with the wrong crime, what would his defense be? What crime did Luke commit?
Substantive and Fraud (Or forgery)
When a person is charged with a crime, they are always considered this?
Innocent
Who has a right to an attorney in a criminal trial?
Defendant
Wren was out trick or treating on Thanksgiving, when a person opened their door and said "Kid, why are you dressed up as Daffy Duck like its Halloween? and Wren said "Trick or Treat!!". The person asked Wren to leave, she refused and was arrested for disturbing the peace. Wren was not given an attorney at trial. What type of defense would she put on?
Procedural
Wren was booked and charged with stealing a full jar of pickled eggs from a deli, worth over $400. At trial, the prosecutor learned Wren was working with a "Flock" of other suspects. Wren was offered to get the charges dropped from felony to a misdemeanor if she agreed to work with the prosecutor to testify against the others in the flock (Elena, Kylee and Charlotte). What was Wren offered?
Plea Bargain
William works for Gavin Inc. Gavin learns William has stolen over $100,000 from the company safe. What would William be charged with and if he is arrested without having his rights read to him, what would be part of his defense?
Embezzlement and Procedural
This is a person who knows a crime took place but refuses to assist the police with the arrest
Accomplice
Can the prosecution ask for more time to prepare their argument after charging the defendant?
NO! Right to a Speedy Trial
Hillary was arrested and charged with impersonating a Star Wars character at a local convention. Hillary objected to the arrest and the officer said "Sorry kid, they have enough ewoks already". Hillary was not read her rights and at trial, Hillary's attorney, Payge, produced an email showing she was hired to play an Ewok. What type of defense would Payge put on? Procedural, Substantive or both?
BOTH
In a criminal trial, this is the burden of proof
Beyond a reasonable doubt
"The" Jonathon has not gotten enough of chainsaws and scaring folks. Recently, "The" Jonathon walked into farmer Briella's barn and waited for her to come home, so he could jump out with a chainsaw and scare her. Farmer Briella saw "The" Jonathon in the barn and the police arrived quickly. "The" Jonathon was arrested for attempted murder, which was false. What defense would "The" Jonathon use and what should he have been charged with?
Substantive and Trespass
Wren works for Owen. Owen asks Wren to assist a customer taking some paint out to their car. As they get to the car, Wren and the customer get in a disagreement over the placement of a vending machine in the store. Wren and the customer get into a fight and the customer is injured. If Owen is sued over what Wren did, what is this called?
Vicarious Criminal Liability
Mallory tells Wren to be nice to her big sister and Wren says "NO!" Later that day, in school, Wren breaks into Mallory's locker and steals her lunch. What can Wren be charged with and what burden of proof must be met to get a conviction?
Burglary or larceny and beyond a reasonable doubt