Pleas
What does it mean to plea not guilty? What is likely to happen after you PLEA not guilty?
If you plea not guilty it means you are claiming you did not do the crime. It is likely that your case will go to a trial after you plea not guilty.
What is a Defense Attorney?
The Defense Attorney is the lawyer who is on YOUR side in the trial. They are trying to help you and their goal is to get you free or if you are found guilty, get a reduced sentence for you.
What is perjury?
Perjury is a new charge you get if you lie in court. This means you are punished if you lie in court. You should be telling the truth because in court you are under OATH.
What is a promise made in front of a judge that you will tell the truth?
Oath: A promise made in front of a judge that you will tell the truth
What are possible punishments you can face if you are found guilty?
Jail time, prison time, community facility, probation etc.
What does it mean to plea guilty? What is likely to happen after you plea guilty?
If you plea guilty that means you are admitting that you did the crime. It is likely that you will face a sentencing when you plea guilty which means you will face a punishment.
What is a Prosecutor?
This is the lawyer for the OTHER/STATES side. They are NOT on your side, they are trying to prove you committed the crime and gets you punished.
What is contempt of court?
What is it called when a witness takes stand, is under oath and tells what they know to be true?
Testimony: Witness tells, under oath, what they know to be true.
Which charge is more serious F5 or M1?
F5, felonies are more serious than misdemeanor charges.
What does it mean to plea no contest? What is likely to happen afterwards?
When you plea no contest you are not disagreeing with the facts of the case or charges against you but you are leaving it up to the judge to decide the outcome. It is likely that you will face some sort of punishment depending on what the judges decision is.
What is a judge? Whose side is the judge on? What are some of the judges responsibilities?
The judge makes sure that everyone in the court is following the rules and makes sure you get a fair trial. He or she can be thought of as a referee because a judge makes sure everyone follows the rules of the court and just like a referee the judge is neutral meaning he is on NOBODYS side.
Important responsibilities of the judge: Gives sentencing, sets defendant free, decides guilt during bench trials, makes sure everyone treats you fairly etc.
T/F:
You cannot ask your lawyer questions during court.
False. You can. You must whisper over to him or her or write it down for them to see. You can also whisper to him or her and ask for a recess to discuss any concerns or questions.
What is a decision at the end of the trial that determines whether or not you are guilty or not guilty?
Verdict: A decision at the end of the trial that states whether you are guilty or not
Is the following deal (plea bargain) good or bad?
Charge: Aggravated Murder
Evidence: Weak against her
Deal: Reduced charge to involuntary manslaughter?
What does NGRI stand for? What is likely to happen when you PLEA NGRI? What is likely to happen when you are FOUND NGRI? What does it mean to be NGRI?
NGRI stands for NOT GUILTY BY REASON OF INSANITY. It is likely you will have to go to trial and your defense attorney will work with you to prove NGRI if you PLEA NGRI. When you are FOUND NGRI it is likely you will be admitted to a psychiatric hospital where you will have treatment and work through levels in order to reach conditional release. NGRI means you were unaware of what was done/unaware that what was done was wrong due to a mental illness.
What is a Jury?
The jury is neutral and they listen to what everyone says about you and the crime. They then decide together whether you are guilty of the crime and presents the verdict.
T/F:
If a witness lies you should scream "you are lying!"
False.
What is a punishment given to you if you are found guilty?
Sentencing: The punishment given to you if you are guilty. This sentencing could mean jail time, prison time, probation, etc.
Stacy had 10 beers and decided to drive back home. She crashed her car into a parked car and claims she does not remember doing it. Can Stacy plea NGRI?
With the presented facts, no. Stacy was drunk driving.
CASE STUDY
Kevin has been feeling scared of his mother for months. He believes that she is possessed by the devil and will kill him tomorrow as a sacrifice. That night, Kevin gets his brother's gun and shoots his mother while she is sleeping. She screams, runs to the kitchen and calls the police. The police come and take her to the hospital where she recovers. Kevin is charged with attempted murder.
A) What should Tony tell his lawyer? What things should he tell about how he was thinking and feeling?
B)The prosecution offers him a plea bargain of 5 years if he pleads guilty to aggravated battery. What are your thoughts on this plea bargain?
C) To be found guilty of attempted murder, what does the prosecutor have to prove? To have him found NGRI what does Kevin's lawyer have to prove?
Open for discussion
Who is your team out of the following? Who is the team against you out of the following? Who is neutral meaning, not for you, not against you? Give a brief description of what each position does.
Defendant, Prosecutor, Judge, Defense Attorney, Witness for Defense, Witness for Prosecution, Jury, Baliff, Stenographer
Your team: Defendant(You), Defense Attorney, Witness for Defense
Other team: Prosecutor, Witness for prosecution
Neutral: Judge, Jury, Baliff , Stenographer
Why should you listen carefully to witnesses?
So you can tell your attorney if they lie, fill in the extra facts, get a fair deal.
What is the difference between direct examination vs. cross examination?
Direct examination: When your defense attorney asks you questions in court. The DIRECT examination consists of questions that will try to prove your innocence.
Cross Examination: When the prosecutor asks you questions in court. The CROSS examination consists of questions that will try to prove that you are guilty.
Give me 5 NEW terms you have learned-describe them the best that you can.
Open response