Courtroom Personnel
The main goal of the defense attorney is to?
What is get you the best possible outcome.
What are the 5 pleas?
What is not guilty, guilty, alford, no contest, NGRI.
Scenario 1: What evidence might make Steve appear guilty?
What is threatening Lori if she does not love him back, calling her phone and hanging up, following Lori to restaurants and stores.
What does a mitigating factor do for the defendant's sentence? What does an aggravating factor do for the defendant's sentence?
What is mitigating factors decrease the minimum/maximum sentence time while an aggravating factor increases the minimum/maximum sentence.
What are 3 reasons someone may be found ITP?
What is not showing you understand how the court works, not able to show emotional control/regulation, don't understand your legal situation, symptoms of a mental illness that effects their understanding of legal situation.
What is the role of the judge?
What is the referee of the courtroom, presides over the courtroom/authority in the courtroom.
What are the 3 verdicts?
What is guilty, not guilty, and not guilty by reason of insanity.
What does the judge look at to determine length of a sentence when found guilty?
What is prior record level, mitigating/aggravating factors, and seriousness of current charge(s).
Is this a mitigating or aggravating factor?
Bailey lied about his alibi.
What is an aggravating factor.
Once you pass the evaluation, can you become incapable to proceed again? Why/Why not?
What is yes, if your mental condition or behavior changes or gets worse, then you can be re-evaluated to see if you are still capable to proceed.
Who is on your side in the courtroom?
What is defense attorney.
What are some disadvantages to taking a plea bargain? Name at least 3.
What is giving up legal rights (right to remain silent, right to trial, right to appeal, right to confront accusers, etc.), having a conviction on your record, don't get to fight your charges/ tell your side, give up the opportunity to be found not guilty.
What is the sentencing range for a person convicted of a Class F felony and Class H felony with a prior record level of II (there are no aggravating factors)?
What is Class F in the presumptive range is 15-19 months and a Class H is 6-8 months.
Is this a mitigating or aggravating factor?
Doug forced his 14 year old son to hold a gun on the store clerk while he robbed the cash register.
What is an aggravating factor.
Your capacity to proceed may be questioned at any time during your court proceedings. It may be questioned by who? (Hint: There are 4 to list)
What is you (the defendant), your attorney, the district attorney, and the judge.
What does the jury do?
What is listens to all the evidence and decides the verdict.
If I plead no contest it means....
What is I am not saying I did or did not commit the crime. I am leaving it up to the court to decide my outcome.
Scenario 5: If Dave's case goes to trial, how likely is he to win (found not guilty) by claiming that he was framed? What do you think Dave is accusing the police of framing/conspiring against him?
What is this is unlikely due to evidence of the car being found near Dave's house, his fingerprints being on the car, having a prior record of the same charge, and an eye witness accounting him running around his house an hour after the was stolen. There is no reason to believe the police or the neighbor are conspiring against him. There a numerous factors that show he did the crime.
Is this a mitigating or aggravating factor?
Danny was arrested for being drunk and breaking the glass door at Subway. After his arrest he completed the alcohol treatment program at RJ Blackley and has remained sober. His trial is next week.
What is a mitigating factor?
What do you need to understand to be found capable? Name at least 3 things.
What is your charges, possible penalties if convicted, legal process, how to work with attorney, appropriate behaviors, discuss charges realistically and rationally.
What are the 3 types of witnesses? Define each of them.
What is
Eyewitness - Testifies about something they saw/heard.
Character witness - Testifies about another person's character traits or community reputation.
Expert witness - Qualified by knowledge, skill, experience, training or education to provide a specialized opinion about the evidence or a fact issue (Ex. doctor, psychologist, social worker, pharmacist, etc.).
If I plead guilty, no contest, or alford plea, I will go straight to?
What is sentencing.
Emily and Theia got bored and decided to steal a car at gun point from a 77 year old lady which they proceeded to push her into the back seat and drive off. Theia was the mastermind behind the alleged crime as she has done this before and has a prior record level of III. Emily has no prior criminal record. Emily ended up losing control of the car in which she crashed into the power pole in front of the local police department. Both parties were charged with kidnapping (Class C felony) and armed robbery (Class D felony). What would the sentencing range for each participant be based on the information given?
What is Theia would have a sentencing range of 180-225 months and Emily would have a sentencing range of 137-172 months.
Is this a mitigating or aggravating factor?
Tommy was part of a gang of boys who robbed houses when people were not home. During the last robbery he was arrested, but the other boys got away. Tommy told the police when and where the next robbery was going to take place. The police were able to arrest the other boys.
What is mitigating factors.
From the point of the ITP process now, what steps do you still have to complete?
What is continuing to learn material regarding capacity, be referred by tx team to take forensic evaluation, perform forensic evaluation interview, wait for report, and be discharged back to home county.