True or False
All evidence is admissible to court no matter what.
what is False. At a Preliminary Hearing the judge decides what evidence is admissible to court.
A bat used to murder the victim found at the accused house
What is Physical evidence
A video clearly showing the accused committing the crime
What is Strong
The accused is facing a max sentence of 20 years in prison. There is medium and strong evidence against him and weak evidence in his defense. The district attorney offers him 5 years in jail and probation for 10 after. Should he take the deal or go to trial?
What is take the deal. There is too much evidence against him to expect to win a trial.
Name the 4 pleas
What is guilty, not guilty, no contest, NGI
Evidence in court is only to incriminate the accused.
False. Evidence can be for the defense. And cross examination can turn evidence that was against the defense into a positive for the defense.
A forensic ballistics expert
What is Expert Witness
Fingerprints of the accused on the murder weapon with the fingerprints of 10 other people.
What is medium.
You did not commit the crime. There is medium evidence on both sides. You plan to additionally call character witnesses. The max sentencing for the crime is 10 years. The district attorney offers you 8 years. Do you take the deal?
No deal. They may offer you a better deal later and there's a good chance you can win if you take it to trial.
name the two types of evidence
What is witness testimony and physical evidence.
A judge has to approve evidence before it can be admitted to court.
What is True
Someone who saw the crime happen.
What is Witness Testimony
A voluntary confession.
What is Strong. If the judge thinks the accused gave the confession due to coaxing or persuasion it may not be admissible as evidence.
The prosecution keeps losing evidence, their witnesses will no longer testify. The trial is scheduled for 3 months from now. They offer you a deal where you get out today and are on probation for a year. The max term if you lost in trial would be 3 years. Is it a good idea to take the deal?
No deal. You'll probably win the trial.
If you plead guilty or take a deal, what rights do you give up?
The right to a trial, The right to appeal.
What is True. This is called a discovery
A video from a store with a timestamp showing the accused somewhere else at the time of the crime.
What is Physical Evidence
Police testimony recounting the accused committing the crime.
What is Strong.
You are facing life without parole. The trial will be long with strong evidence on each side. The District attorney offers to drop a charge if you plead guilty to a lesser one with a sentence of 25 years with the chance of parole. Do you take the deal?
If you are not 110% confident you will win the trial this is a good deal to take.
Explain the process of getting a plea bargain.
1.District attorney offers deal
2.Defense agrees
3.judge approves
4.Deal is finalized.
evidence gets weaker over time
What is True, Mostly. People forget, forensic evidence degrades.
A doctor who evaluated the accused for competency.
What is an Expert Witness.
Two witnesses who were prior employees of the accused that he fired. the witnesses tell changing stories each time they're asked about the events leading up to the crime involving the accused.
What is weak. There is a conflict of interest and they cant get their story straight.
There is alot of expert and regular witness testimony against you in the case. In your defense you have some medium evidence and a plausible alibi. You're looking at life if convicted. The district attorney offers you a deal of 40 years with chance of parole if you plead guilty. Do you take it?
Wait for a better deal.
What do you need to know to be recommended competent? Need 3 specifics to get the points.
Your charges, Court proceedings, Job of the court personnel, how to work with your attorney, know what the police say you did, Know all the pleas and what happens when you make them.