Trial Process
What happens at an arraignment?
The defendant hears their charges and enters a plea.
List the 4 plea options.
Guilty
Not Guilty
No Contest
NGRI
Who is the defendant and what are 2 ways they can assist in their defense?
The person charged with a crime.
Be honest with your attorney
Help identify witnesses and evidence
Know your rights
Maintain appropriate behavior in court
The final decision the Judge or Jury make in a case.
Verdict
What is the legal definition of evidence?
Anything presented as "proof" of a fact about what did or did not happen.
What happens during Jury deliberation?
The jury discusses the case and tries to come to an agreement on a verdict.
This plea means you are telling the court you are innocent. You will go to trial if you enter this plea.
Not Guilty
Who is the commonwealth attorney and what is his goal at trial?
He is the lawyer against you. His main goal is to prove you are guilty. He does that by presenting evidence against you in court.
A charge you can get for acting in a way that disrupts court proceedings.
Contempt of Court
What are 3 types of evidence?
1. Physical evidence (tangible info like DNA, fingerprints, weapon)
2. Electronic evidence (Emails, texts, cell phone data)
3. Witness testimony (first hand knowledge)
What happens during the sentencing phase of a trial?
If found guilty, the judge imposes punishment for the crime.
This plea means you admit to the crime. You give up 2 rights when you enter it.
Guilty
Trial/Appeal
Who is the defense attorney and what is their main job?
The defense attorney works for the defendant. Their job is to get the best outcome possible for their client.
The punishment for a crime
Sentence
Things that CANNOT be used as evidence?
Hearsay
Coerced confession
Privileged information
Unauthenticated evidence (can't be verified)
Improperly handled evidence-broken chain of custody
Explain the order in which evidence is presented at trial.
Prosecution presents evidence
Defense cross-examination
Defense presents their case
Prosecution cross-examination
You do not admit to the crime but you aren't going to fight the charges in court.
No Contest
What are the 3 main roles of the Judge?
2. Listen to evidence then decide verdict
3. Give sentence
The defendant is innocent until proven guilty. Who has the Burden of Proof?
The prosecutor
What is an expert witness?
A professional who has specific knowledge in a field pertaining to the case. Examples :Doctors, mechanics, forensic evidence analyst
List things that can happen during pre-trial hearings.
Attorneys file motions
Parties formally exchange evidence (discovery)
Set deadlines and schedule trial date
Discuss plea bargain to avoid trial
You did the crime but you weren't in the right state of mind at the time. You will go to a hospital for treatment instead of jail or prison.
NGRI
What is a jury and what do they do?
A jury is 12 people from the community where the crime occurred. They listen to the case and decide a verdict.
A finding of not guilty is called _________?
A finding of guilty is called _________?
Acquittal
Conviction
How can you get evidence in your case?
Ask for police report
Have attorney file a motion for discovery