True or False?
True or False: A defendant who was found Incompetent to Stand Trial (IST) has been charged with a crime.
What is: True
This step of the trial process occurs after defense attorney finishes their opening statement.
What is: Presenting the case.
Double Points: Who will present the case after the step listed in the question?
90% of cases in the state of Missouri are settled with _______.
What is: A Plea Bargain or Plea Deal
Three things are necessary for someone to be recommended and ordered Incompetent to Stand Trial (IST). They are:
1) The defendant has a mental illness or disability.
2) Because of that mental illness or disability, the defendant may not be currently able to understand court room proceedings or the charges against them; and
3)_______________________________
What is: Assisting their attorney in a fair and realistic defense
The boss of the courtroom. They act like a referee and sit in the very front.
Who is: The Judge.
True or False: If a case is declared a mistrial, the prosecuting attorney cannot try the case again due to Double Jeopardy.
What is: False
Double Points: Why is it not double jeopardy?
What is the name of the hearing where a defendant will enter their plea?
What is: Arraignment
If someone's charges are a case of mistaken identity, then they should plead _____.
What is: Not Guilty
At what point in a trial process can a defendant's competency be questioned?
What is: Any Point
Do most legal experts agree that it is a good idea for a defendant to proceed with their legal case pro se?
What is: No
Double Points: Why not?
True or False: The Prosecutor can call you as a witness for their case against you.
What is: False
This person is very important in case a defendant chooses to appeal their guilty verdict or if the court has to recall what was said previously.
If a defendant pleads guilty, they give up the following rights.
What is: 1) The right to a trial/to face an accuser
2) The right to remain silent
3) The right to MOST appeals
Although the Judge will sign the final order regarding someone's competency, a defendant's competency can be questioned by _________, _________, or ________.
Who are: The Prosecution, The Defense, or The Judge.
If the Prosecutor is questioning the Defendant, it is _______ examination.
What is: Cross
True or False: To be formally charged with a crime means that the prosecutor has sufficient probable cause to believe that a crime has been committed and that the defendant is the one responsible.
What is: True
During jury selection for a defendant charged with First-Degree Arson, the defense attorney discovers through questioning that a potential juror lost their home as a result of arson within the last three months. The potential juror swears that they don't hold "ill will" towards the defendant and wishes to be selected. Should they be considered to serve?
What is: No
A defendant with Schizophrenia is recommended Competent to Stand Trial (CST) and is able to enter their plea. With the assistance of their attorney, they choose to enter a plea of _______ because their experiences of delusions and hallucinations during the offense impacted their actions and their ability to know right from wrong. Their symptoms were directly related to their diagnosis of Schizophrenia and no other source.
What is: NGRI or Not Guilty by Reason of Mental Disease or Defect
If a defendant is recommended __________, they will go to long term treatment programming here at Fulton State Hospital, they will receive a guardian appointed by the state, and their charges will be dismissed.
What is: Permanently Incompetent to Stand Trial (PIST)
A witness caught lying in their testimony will most likely be charged with _________.
What is: Perjury
True or False: If a defendant enters an Alford or No Contest Plea, they will not go to sentencing because they are not admitting guilt.
What is: False.
What are some reasons a defendant and their attorney may advocate to have a jury trial over a bench trial?
What is: the jury may be more sympathetic if from the same community; only one person has to disagree for a verdict to not be reached; anything else?
A defendant is charged with First-Degree Domestic Assault Resulting in Serious Physical Injury, a Class A Felony. The prosecution has the following evidence: a knife with the defendant's finger prints, the defendant's clothes testing positive for the victim's blood and DNA, and three eye-witnesses who can place the defendant in the area at the time of the crime. The prosecutor offers a plea bargain to lower the charge and, if accepted, the defendant would have to serve a minimum of 10 years in DOC with 5 years on probation with an ankle monitor and having to submit to regular drug testing. Regarding what you know about sentencing ranges ONLY, is this a decent plea bargain?
What is: Yes. A Class A Felony's minimum sentencing range is 10 years, with a maximum of 30 years or life in prison. If the defendant accepts the plea bargain, they will be able to nearly serve the minimum sentence.
If a defendant is recommended Competent by the evaluator, but the prosecution or the defense do not agree with the report or wish to have more information, the attorneys can request a ___________ on the defendant's behalf. This is why it is so important to communicate one's wishes with one's attorney when recommended CST or in conversations with their attorney.
Second Opinion
Of the following, which is the first thing to happen in a jury trial?
a) opening statements
b) presenting the case
c) jury selection
d) deliberation
What is: C) Jury Selection