Arraignment/Jury Selection
What are your plea options?
Guilty, Not Guilty, No Contest, Alfer
What is the purpose of the opening statement?
To outline each side's case
Does the defense have to call a witness?
No, they can choose not to.
Can new evidence be introduced during closing argumetns?
No
Who decide the sentence?
The judge
Who reads the charges at arraignment?
The Judge
Are opening statements considered evidence?
No
The defendant makes the final decision.
Who speaks last during closing arguments?
The prosecution
What factors does a judge consider in sentencing?
severity of crime, criminal history, victim impact, and state guidelines.
Why might a juror be dismissed for cause?
They show bias or cannot be impartial.
Who always goes first in the opening statements?
The prosecution
What can the defense attorney do during cross-examination to protect the defendant and their rights?
"Object" to unfair or improper questions.
What is a hung jury?
Jurors cannot agree on a verdict.
What are common types of sentences besides jail/prison?
Probation, fines, community service, treatment programs.
What is the next stage of the case if the defendant has plead guilty at the arraignment?
The case moves straight to sentencing.
Who has the burden of proof?
The prosecution.
Why might a defense attorney recommend a defendant not testify.
To avoid tough questions and risk self-incrimination.
What must most juries reach in criminal cases?
A unanimous verdict.
What rights do defendants still have after sentencing?
The right to appeal. (and certain constitutional rights such as cruel and unusual punishment).
What is a peremptory challenge?
A lawyer can dismiss a juror without stating a reason (limited number).
What kinds of evidence can be presented?
Witness testimony, documents, physical evidence
Can the defense present an expert witness?
Yes, to challenge or explain evidence.
Do jurors talk about the case prior to trial?
No. They are told not to talk about the case until after evidence is presented and deliberation begins.
Who reads the jury's verdict aloud in court?
The jury foreperson.