Dr. Cushman
What do you learn in JBCT?
Competency and managing your mental health
What are the two types of trials?
Bench and Jury
How many people are on a Jury?
12
What are the two types of charges?
Misdemeanor and Felony
What is a plea bargain?
A deal
Who is the boss in the courtroom?
The Judge
What is probation? Possible punishments for a probation violation?
Supervision instead of jail time. Probation can be taken away.
What are the types of witnesses?
Eye, expert, character
What happens when a defendant is found not guilty?
Guilty = sentencing
Not guilty = released
What are the two types of evidence?
Physical and testimonial
What kind of witness would a psychiatrist be?
Expert
What is the best thing to do if asked an incriminating question?
Plead the fifth
Explain confidentiality
Your attorney has a duty to not reveal information to the disadvantage of current and former clients.
What is discovery?
Both sides sharing all of their evidence
How does an attorney discredit opposing witnesses?
Cross-examination
List the 4 pleas
Guilty
No contest
Not guilty
NGI
What is the process for getting a plea bargain?
You have to plea not guilty at your arraignment
The DA offers it
The defendant makes their decision
The judge approves or denies
What happens when a defendant is acquitted?
They are released.
List the possible sentences
Incarceration
Fines/restitutions
Probation
Court-ordered programs
State Hospital
What might happen after a hung jury?
The charges can be dropped or the DA can re-file
List at least 5 conditions of probation
Reporting to a PO
No associating with felons
Keep a job
Pay restitutions
No leaving the county
Random searches
No drugs or alcohol
No weapons
When can the prosecution no longer offer a plea bargain?
When the defense rests their case
What is a hung jury?
When a jury cannot come to a unanimous decision
What is perjury?
Lying on the stand
Explain what incompetent to stand trial means
Not understanding court proceedings and/or an inability to assist in your own defense
Roles of the Judge
Preside over the courtroom
Decide what evidence is allowed
Decide verdict (bench trial)
Sentencing
Jury instructions
Rights given up when accepting a plea bargain?
Right to a trial
Right to appeal
Right to remain silent
Roles of the DA
Try for a conviction
Decide what charges to file
Present/cross-examine evidence
Offer a plea bargain
Explain what legal insanity is.
When a person commits a crime but does so as a result of their mental illness.
Roles of the Defense Attorney
Represent the defendant
Speak for the defendant
Cross-examine/present evidence
Offer legal advice