People of the Court
•The person accused of committing a crime is known as what?
Defendant
What is the penal code legal classification for someone who is IST?
PC 1370
What is the name of a serious crime that comes with a sentence of over one year in a state prison?
Felony
What is a Plea Bargain?
It is a deal or settlement between the DA and the defense (PD and Defendant) that is approved by the Judge to receive a lesser sentence for giving up your right to a trial.
What is a verdict?
The findings of the jury or judge on issues of fact submitted to it for decision.; It can be used for formulating a judgment or a sentence.
Who does the District Attorney work for or represent?
The State of California
What are the two reasons a defendant can be found incompetent to stand trial (IST)?
o Due to a mental health condition, the defendant is unable to understand court proceedings. AND\OR
o Defendant proves unable to rationally assist their attorney in their defense
What is the name of a lesser crime that comes with a sentence of up to 365 days in a county jail or a fine?
Misdemeanor
What is the DA’s goal in each case?
• Prove the defendant did the crime, to get a conviction, recommend jail or prison terms
A legal process to decide if the defendant is guilty or not guilty based on the evidence is known as what?
• Trial
•This person works for the county and speaks for the defendant in court to help negotiate a plea bargain.
The Public Defender
You were determined by the court to be incompetent to stand trial, what two things will you have to demonstrate to be found competent to stand trial?
o That you fully understand the charges against you as well as the court process
o Demonstrate the ability to work rationally with your attorney.
How many jurors must agree on the verdict to convict or acquit the defendant?
12
If you enter a plea of NOT guilty, who has the burden of proving guilt in court?
The District Attorney or the State
What are some the ways you can cope with stress or anxiety while you wait for a trial?
•Deep breathing,
•Ask for support and education from your treatment team or attorney,
•utilize family support
•Engage in activities that improve mood, increase motivation or relieve stress
•Attend groups
•Name AT LEAST two things that the bailiff is responsible for.
ØMaintains order and security in the courtroom
ØBrings the defendant to and from the holding cell
Once you are here at the state hospital, what resources do you have to help you restore competency? Name AT LEAST two:
Ø Your treatment team
Ø State distributed competency material
Ø Unit Competency groups and activities
Ø Individual treatment/Education
Who is the only person that can sentence the defendant?
If you enter a plea of NGI, what are you telling the court you were unable to do at the time of the alleged offense?
That you did NOT Understand the consequences of your actions and were unable to distinguish right from wrong
Name at least three ways a defendant should behave in court.
•Assist your attorney in your defense
•Do not speak unless asked a direct question or are testifying
•Sit up straight and pay attention to the court proceedings
•Listen carefully to testimony and presentation of evidence
•Communicate with your attorney by writing a note or whispering in a quiet voice
•Listen to your attorney’s advice
•Follow the instructions of the court bailiff
•Obey all rules of the court
What are 3 responsibilities of the defendant during the court process?
ØAlways tell the truth
ØPresent and maintain appropriate court behavior
ØConsider your attorney’s advice when making your decision about which plea you want to officially enter
ØUnderstand the charges against you and the sentence guidelines
Name at least three things you can do while at the hospital to help yourself restore competency?
* Ask Questions
* Review the Competency material provided by staff
* Meet with your treatment team
* Attend groups
* Participate in recreation and leisure activities
* Take your medications
What are your rights in court? Name two.
•The right to an attorney,
•Right to a jury trial,
•Right to testify,
•Right to call witnesses and
•Right to an appeal (after the trial )
With a plea bargain, what rights do you give up?
• You give up the right to a trial for your charges,
•the right to call a witness,
•to testify,
•to remain silent about your involvement, and to
•appeal the decision…
You never give up your right to an attorney or the rights as a citizen
Give at least two examples of evidence that can support the prosecution or defense’s case?
•Eyewitness testimony,
•Video tapes, Finger prints or DNA,
•Statement made at the scene,
•Expert testimony, etc….
•Your attorney will likely ask you if you have evidence to support your case