Module 2: Amendments
What is considered a proper investigation for the 4th Amendment? (2 prompts)
Warrant - an instrument issued by a magistrate, authorizing an officer to make an arrest, seize property, make a search, or carry a judgement into execution.
Seach & Seizure - warrant requirements; exclusionary rule prevents any evidence gathered illegally from being used at a trial.
A confession is considered:
A witness statement
What are the 4 pleas?
Guilty
Not guilty
No contest/Nolo COntendere
Not Guilty by reason of Insanity (NGRI)
Why do people stand up in court when the judge comes in or goes out?
Any variation of “To show respect”
True or False. The defense attorney or public defender works with you to show the charges against you are not true?
True
What is considered the 5th Amendment? (3 Prompts) and the definition of the 3 prompts.
Self-Incrimination - Right to remain Silent
Due Process of Law - You cannot be tried twice for the same crime.
Miranda Warning- Warning usually read upon arrest
What are the different types of evidence? (3 prompts)
Physical evidence - DNA
Direct Evidence- testimony from a witness who actually saw, heard, or touched the subject of questioning.
Circumstantial - Evidence which strongly suggests something, but does not exactly prove it.
True or False. If you plead guilty, you are admitting that you did what you are accused of?
True. A guilty plea is admitting to the crime you have been accused of.
True or False. When in court, make sure your cell phone is turned off.
True
What does the district attorney or prosecutor do?
Uses witnesses and evidence in order to prove to the jury beyond a reasonable doubt that the defendant committed the crime(s) for which he or she is accused.
What is the 6th Amendment? (5 prompts)
Right to an attorney
Jury Trial
Speedy Trial
Appeal
Witness
What are the different types of witnessess? (4 types)
Eye Witness
Alibi Witness
Character Witness
Expert Witness
True or False. It doesn't matter what I plead when I am asked.
False. t is very important what you plead in court. You should talk with your attorney about all the pleas and possible consequences before answering the question “How do you plead?” in court.
True or False. It doesn’t matter what I wear in court as long as I am innocent
False. Although it may seem unfair at times, what you wear in court influences how you are perceived by the judge, the jury and your adversaries.
What is a Guilty Verdict and Not guilty Verdict?
Guilty Verdict: The judge or jury decides that you have done and are responsible for the crime to which you have been accused.
Not Guilty Verdict: The judge decides that you have NOT done and are NOT responsible for crime to which you have been accused.
Explain the 8th Amendment?
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
What is 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.
True or False. When in court, the prosecuting attorney will ask the defendant “How do you plead?”
False. The judge will ask the defendant “How do you plead?”
True or False. Under no circumstances should I ever interrupt anyone who is speaking while I am in court.
True. Regardless of how you perceive others in court, it is important to be respectful and polite. This will always reflect well on you.
What is a Baliff, Clerk, and court reporter?
Bailiff: An employee of the court that enforces the Judge’s orders and announces events.
Clerk: An officer of the court whose responsibilities include maintaining records of a court and to administer oaths to witnesses and jurors.
Court Reporter: A person who makes a word-for-word record of everything that is said in court.
The rule that prevents evidence gathered illegally from being used at trial is called:
Exclusionary Rule
Evidence:
Can be presented by the district attorney in support of his case. Can be presented by the defense of the case.
True or False. My attorney can help me understand my options regarding pleas.
True. Your attorney is there to help you, answer any questions you may have and give you advice.
True or False. I am allowed to bring food and drinks in the court as long as I don’t make a mess.
False. Never bring food or drink into the courtroom. If you need a break to get a drink of water, whisper this to your attorney or write them a note.
What does the Judge do during the trial?
1. Decides about the rules of law 2. Issues orders 3. Instructs the jury about the law 4. In charge of the courtroom and makes sure everyone follows the rules 5. Makes sure the court proceedings are fair 6.Decides on the admissibility of evidence.