People of the Court
This person presides over the court, interprets the law and makes sure the defendant receives a fair trial. They also decide on the sentence. In a bench trial, they also decide the verdict.
Who is the judge?
Plea option meaning you committed the crime. This results in being sentenced to some type of punishment.
What is guilty?
This is the amendment that protects defendants from self-incrimination and being forced to testify.
What is the 5th amendment?
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.
Anything that gives proof of a person's guilt or innocence. Can be objects, statements, or documents.
What is evidence?
This is a group of people randomly selected from the community who listen to the arguments presented by both the prosecution and the defense and make a decision about whether a defendant is guilty or not guilty based on those facts.
What is a jury?
Plea option which you are not stating whether you did or did not commit the crime. This generally results in a guilty verdict and sentencing in which a defendant receives some type of punishment.
What is no contest?
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.
This is a type of trial where the defendant has waived their right to a jury trial and has insteaded agreed to let the judge decide the verdict.
What is a bench trial?
This person is a lawyer who represents the State and whose job is to investigate, file charges, and then prosecute people whom they believe have committed crimes.
Who is the prosecutor?
Formal answer to the charge against you
Plea
This amendment includes the right to a speedy trial.
What is the 6th amendment?
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.
This is what it is called when all the members of a jury cannot agree on a verdict. This results in a mistrial.
What is a hung jury?
This is a person who claims to have been present when the alleged crime happened and they have relevant information to share.
What is an eyewitness?
Plea option stating you did not do the crime
Not Guilty
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.
What are right to a trial, right to remain silent, right to face your accusers, and right to appeal?
This is a person who is an expert in a specific field that can provide testimony to the court based on the training, credentials, experience, and/or scientific knowledge.
Plea option in which you are admitting to committing the crime, but stating that you are not responsible for your actions because you were suffering from a mental illness that was so severe, you did not understand right from wrong at the time of the crime.
What is Not Guilty by Reason of Insanity (NGRI)?
This amendment covers rights to due process.
What is the 4th amendment?
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.
This rule states that any information shared by a defendant with their defense attorney cannot be shared with anyone else.
What is attorney-client privilege?