MISC
Burden of Proof
This means the prosecution has to prove you are guilty. You do not have to prove you are innocent. Officially, you are considered innocent until proven guilty.
Eighth Amendment
-Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
What does ITP mean
Incompetent to Proceed
Circumstantial Evidence
Evidence which strongly suggests something, but does not exactly prove it. It helps people draw inferences about a person acting in a manner consistent or inconsistent with the alleged crime.
Probation
Instead of going to jail or prison, the Judge orders that you do some things and that you don’t do other things. If put on probation, you must report to a probation officer on a regular basis, take urine or blood tests, and possibly pay fines and restitution. You CAN NOT do things like leave the area without permission of your probation officer. You CAN NOT commit any crimes, use alcohol or street drugs, or possess weapons. You may be ordered to go to a hospital or clinic for treatment while on probation. If you do not follow the probation orders of the Judge, you can be sent to jail or prison.
Pro Se
This means advocating on one's own behalf before a court rather than being represented by a lawyer. Defendants are automatically assigned a public defender if competency is raised and the option to “go pro se” can be revisited once restored.
Miranda Warning
Competency
Your skill or ability in a specific subject or being able to do something well or to understand how to assist in your own defense during a trial
Hearsay Testimony
Secondhand testimony. A statement that is offered by a witness as the truth, however, the statement was actually made by someone other than that particular witness.
Restitution
Payment for damage or loss of property, or the return of items stolen or lost.
Attorney - Client Privilege
A rule that preserves the confidentiality of communications between lawyers and clients. The purpose of the privilege is to encourage clients to openly share information with their lawyers and to let lawyers provide effective representation.
Fifth Amendment
-Self-Incrimination: There is a general “right to remain silent,” meaning that a defendant does not have to provide testimony against himself or herself.
-Due Process of Law: Refers to procedural fairness and requires you to be given notice of the charges against you and a meaningful opportunity to contest those charges. The defendant must be made aware of all elements and facts of the charge against them, unless there is a statutory exception that can be shown to apply. You cannot be tried twice for the same crime.
-Miranda Warning: Warning usually read upon arrest. In most situations, the police will give the warning only if you are going to be asked questions; however, the police are allowed to ask routine booking questions.
Priorities
Something given special attention. Making something a priority means that it is important
Expert Witness
A person whose opinion by virtue of special knowledge, skills, certification, training, or experience, is accepted by the judge as an expert (i.e. medical specialist).
Plea Bargain
If you plead guilty to a charge (often a lesser charge), the prosecutor agrees to let you have an easier penalty and may drop other charges. You, the Prosecutor and the Judge must all agree to this.
No Contest/Nolo contendere
Latin for “I do not wish to contend “meaning you are not saying you are guilty, but also not saying you are not guilty. You may plead no contest because you feel you cannot prove your innocence. If you please No contest, you give up the right to a trial and the judge decides what happens; you put yourself on the mercy of the court.
Fourth Amendment
-Warrant: an instrument issued by a magistrate, authorizing an officer to make an arrest, seize property, make a search, or carry a judgment into execution.
-Search & Seizure: warrant requirements and exceptions define how law enforcement officials are to handle the gathering of evidence. The “exclusionary rule” prevents any evidence gathered illegally from being used at a trial.
Skill
A talent or ability that comes from training or practice. You will use many skills in this course and learn new skills to help you.
Witness Statements
Spoken words that may or may not be factual. A confession is considered a witness statement.
Acquittal
You have a trial and are found NOT GUILTY. You are finished with the criminal process and are free to go.
Direct Evidence:
Evidence in the form of testimony from a witness who actually saw, heard, or touched the subject of questioning without relying on inference or other evidence.
Sixth Amendment
-Right to an attorney: A defendant has a right to an attorney at any critical step in a prosecution, not just a trial. It is possible for a defendant to waive this right and represent themselves, if they are able to do so.
-Jury Trial: A public trial by a jury of your peers. At trial, the defendant is presumed to be innocent and cannot be convicted unless jurors are convinced of guilt beyond a reasonable doubt.
-Speedy Trial: You have the right to a timely trial (within 6 months in Colorado after plea of not guilty is entered.) If a court is convinced that there has been too much delay, the criminal indictment must be dismissed. This is paused when a defendant is found incompetent to proceed (ITP).
-Appeal: You can formally file a notice of appeal with a lower court, indicating your intention to take the matter to the next higher court with jurisdiction over the matter, and then actually file the appeal with the appropriate appellate court (This is not a right guaranteed by the 6th amendment).
-Witness: You have the right to confront and cross examine all witnesses testifying against you. You also have the right to call witnesses to testify on your behalf.
Restoration
The act of bringing back something that existed before. Restoration can be used with this program to describe an individual’s process to get to “Competent to Proceed”
Alibi
The defense by an accused person of having been elsewhere at the time an alleged offense was committed.
Hospital Commitment (NGRI)
This would mean you go to a state facility, probably in a hospital until you are well and safe. This commitment is NOT for a set time but is in place until your mental health illness is stable and you are not dangerous to yourself or others. This could be days or for the rest of your life.