Show:
Theories/Sentencing
Fill-In
Random
Define It
Vocabulary
100

ATTORNEY (on cross-examination): You accidentally left the keys in the car? You honestly expect the jury to believe that?!

argumentative

100

A kinfe with blood on it is considered ___ evidence

physical

100

Standard for probable cause

MORE LIKELY THAN NOT

100

Hot Pursuit Exception to the Warrant Requirements: 

When a police officer is chasing a suspect who is fleeing from her, she may search and seize any evidence obtained on said suspect and/or in such suspect’s dwelling without a warrant.

100

What is, "the initial court proceeding, in which the state formally charges the defendant with a crime."

Arraignment

200

What kinds of questions should be asked in cross? What about direct? Why?

Cross- Leading

Direct- Open-ended

Want witness to speak a lot in direct

200

In New York, a person cannot use deadly force in self-defense if s/he knows that it is possible to ___ ___.

safely retreat

200

How is the letter of the law different from the spirit of the law?

what the law says vs. why the law was created

200

Deterrence 

Prevention of future crimes in society by punishing those who have committed crimes in the past.

200

What is, "Money or other security provided by the defendant or by others on her behalf to assure that she will appear at the required stages of the trial process."

Bail

300

Choose four sentencing options and define them

  1. Imprisonment – detainment away from society for a period of time. (Students might identify this as “indeterminate” or “determinate” sentencing rather than by the word “imprisonment.” Either option is also correct.)

  2. Probation - A form of conditional discharge where the defendant needs to report in to a probation officer to ensure they are being rehabilitated.

  3. Conditional discharge - A sentence where a defendant is allowed to avoid time in prison as long as they are working to rehabilitate themselves. The judge will give the conditions of the discharge in their sentence.

  4. Unconditional discharge - A sentence where the conviction is added to a defendant’s record, but no further punishment is given.

  5. Fine - A fixed sum of money to be paid by the defendant.

  6. Split sentence - A prison term combined with probation/conditional discharge.

300

According to the law, an arraignment must take place within __ hours of when the crime was committed. But often the arraignment will actually take place later

24

300

Describe why a defendant would make a motion to suppress the evidence

A defendant would make a motion to suppress the evidence when the police have obtained evidenced illegally and in violation of the defendant’s rights

300

Indictment

A written accusation by a grand jury charging an individual with a crime.

300

What is, "A theory of redressing crime where someone convicted of a crime is assisted in both understanding the harm that they have caused and finding ways to address or heal that harm."

Restorative Justice

400

When at an arraignment, what are a judge’s three (3) options for securing a defendant’s return for future court dates?

  1. Setting bail

  2. Releasing the defendant on her/his own recognizance

  3. Committing the defendant to detention in jail

400

As a strategy to give themselves “wiggle room” when plea bargaining, the prosecutor may ___ the defendant

overcharge

400

List the six (6) things that happen at an arraignment.

  1. The state formally charges the defendant.

  2. The judge ensures that the defendant understands the charge(s).

  3. The judge gives the defendant a copy of the accusatory instrument.

  4. The judge makes sure the defendant understands his rights as an attorney.

  5. The judge appoints a lawyer for the defendant is he/she does not already have one.

  6. Bail hearing/process.

400

Retribution

The defendant’s sentence will reflect the harm that she/he caused (“an eye for an eye”).

400

What is, "A serious crime for which the state can imprison a person for more than one year."

Felony

500

List and define the five theories of punishment

  1. Retribution – People who commit crimes should pay for their actions.
  2. Deterrence – Society can prevent future crimes by punishing past ones.
  3. Incapacitation – Depriving a criminal of the opportunity to commit future crimes.
  4. Rehabilitation – Help the criminal conform and adjust to the laws of society.
  5. Isolation – Remove criminals from interaction with society.
500

When a defendant pleads guilty to accept a plea bargain, s/he must do so both ___ and ___.

voluntarily and intelligently 

500

Define the legal standard for each police intrusion 

  1. Request for Info

  2. Inquiry

  3. Stop

  4. Frisk

  5. Arrest


"A Few Really Ready Police"

  1. A - Articulable Reason (Request for Info)

  2. F - Founded suspicion/criminality afoot (Inquiry)

  3. R - Reasonable suspicion (Stop)

  4. R - Reasonable fear for safety (Frisk)

  5. P - Probable cause (Arrest)

500

Voir Dire

The process through which the prosecutor and defense attorney question citizens and then select or reject them as jurors for a trial.

500

What are, "Statements made, under oath, by witnesses at trial."

AND

What is, "When someone repeats criminal behavior after having already been punished for that behavior"

  1. Testimonial evidence

  2. Recidivism