People
Defendant
Plea option meaning you committed the crime
Guilty
A person commits grand larceny. Is this crime a felony or misdemeanor? Does a felony or misdemeanor carry more time?
Around 8:00 pm a man robs a cashier at gunpoint in a local convenience store. He takes all the money in the register, a pack of cigarettes, and a candy bar.
Give three pieces of possible evidence from this scenario.
Gun, witnesses, video, DNA, money from the register, cigarettes, candy bar.
Name 3 things you should do in court and 3 things you should not do in court.
Do - wear appropriate clothing, shower, whisper to lawyer if needed, be polite/respectful, remain quiet, etc.
Don't - yell, call out of turn, curse, wear inappropriate clothing, etc.
Group of 6 - 12 people from the community who listen to the trial and vote on the defendant's guilt
Jury
Plea option which you are not stating whether you did or did not commit the crime
No Contest
What happens after being found guilty, NGRI, or pleading no contest?
Sentencing
During your trial, you realize one of the witness testimonies is inaccurate. What should you do?
Let your lawyer know by passing them a note or whispering to them.
More serious category of criminal charges
Felony
Name of the person trying to prove the defendant is guilty
Prosecution / Commonwealth's Attorney / States Attorney
Formal answer to the charge against you
Plea
Deal between the prosecution and defense, in which the defendant pleads guilty for a lesser sentence or charge
Plea Bargain
The prosecution attorney calls and asks to speak with you about the upcoming trial.
Should you speak with them? Why or why not?
No, they are against you so you don't want to tell them anything that they could use against you in the trial.
Formal finding of fact made by the judge or jury about a defendant's guilt
Verdict
A person who may have seen the alleged crime. This person can testify for the defense or the prosecution.
Witness
Plea option stating you did not do the crime
Not Guilty
What is the possible sentencing time for a misdemeanor?
Up to 1 year.
A man is being charged with aggravated murder. The evidence against him is weak, there is no video, witnesses, or DNA. The prosecution proposes a plea bargain in which he would only be charged with involuntary manslaughter.
Is this a good plea bargain? Should he accept it? Why or why not?
No. There is not much evidence that supports that he committed the crime, he should go to trial given that the evidence is weak against him and work with his lawyer to try and have the charges acquitted.
Rights waived upon accepting a plea bargain
Right to a trial and appeal
Person who maintains order in the courtroom. Makes unbiased decisions about the case and gives the sentencing
Judge
Plea option meaning you did the crime; however, you were unaware of what you were doing or that it was wrong
Not Guilty by Reason of Insanity (NGRI)
What are some possible punishments you can face if you are found guilty?
Jail time, prison time, probation.
A man robs a 7-11 at gunpoint. He takes cash from the register, 2 bags of chips, and the credit card from someone else in the store gets into his car and drives off. The police pull him over and arrest him a few miles down the road. He is currently facing 8 years in prison. He is offered a plea bargain of 5 years with 1-year probation.
Is this a good deal? Why or why not?
Yes - it is a shorter sentencing and they have a lot of evidence against him.
*bonus 20 points*
Name at least three pieces of evidence against him.
Facts that prove something (e.g. fingerprints, videotapes, DNA). Statements about what happened from the police, witnesses, or victims.
Evidence