Term
|
Definition
|
|
Term
|
Definition
| Rules telling us how to act |
|
|
Term
|
Definition
|
|
Term
|
Definition
|
|
Term
|
Definition
| Person accused of breaking the law |
|
|
Term
|
Definition
- understands court procedures
- understands possible sentence if found 'guilty'
- is able to help the lawyer prepare a defense
|
|
|
Term
| INCOMPETENT TO STAND TRIAL |
|
Definition
- does not understand court procedure
- not able to help his lawyer prepare a defense
- does not understand possible sentence if 'guilty'
|
|
|
Term
|
Definition
meeting where Judge (Bench trial) or Jury (Jury trial)
decide if defendant is 'guilty' or 'not-guilty'
|
|
|
Term
|
Definition
Decision by Judge (Bench trial) or Jury (Jury trial)
whether defendant is 'guilty' or 'not-guilty'
|
|
|
Term
|
Definition
| State's attorney who tries to prove defendant 'GUILTY' in court |
|
|
Term
|
Definition
| group of 12 people who listen to testimony in court and decide 'verdict' of 'guilty' or 'not-guilty' |
|
|
Term
|
Definition
| tell what they know about the crime (1st-hand) in court. |
|
|
Term
|
Definition
officer in court who:
- swears in witnesses
- announces the Judge
- maintains order in courtroom
|
|
|
Term
|
Definition
| types every word said during a trial (transcript) |
|
|
Term
|
Definition
| things taken from the crime scene & used in court |
|
|
Term
|
Definition
| punishment decided by JUDGE after Defendant found 'GUILTY' in court |
|
|
Term
|
Definition
| a minor crime with a sentence of Less than one year in Jail. |
|
|
Term
|
Definition
| A serious crime with a sentence greater than one year in PRISON |
|
|
Term
|
Definition
| the verdict when there is not enough evidence presented by D. A., to prove defendant 'GUILTY' |
|
|
Term
|
Definition
| Statements by a witness under oath during a trial |
|
|
Term
|
Definition
| A promise made by a witness to tell the truth during their testimony |
|
|
Term
|
Definition
when one Lawyer questions a Witness called to testify for the opposite side, such as
- D. A. questions DEFENSE Witness
- Public Defender questions PROSECUTION witness
|
|
|
Term
|
Definition
when an attorney questions their OWN witness. . .
(ie., attorney & witness are on same side)
- Public Defender questions defense witness
- D. A. questions prosecution witness
|
|
|
Term
|
Definition
| Request for a new trial, based on evidence that defendant's rights were violated during trial |
|
|
Term
|
Definition
"BOSS" of the courtroom
- ONLY the JUDGE can SENTENCE you
- main job is to make sure the trial is FAIR
|
|
|
Term
|
Definition
| the verdict when the D. A. DID present enough evidence to prove defendant's guilt. |
|
|
Term
|
Definition
| the crime of 'Lying under OATH'. |
|
|
Term
|
Definition
| Defendant's statement of guilt or innocence presented in court in answer to the charges against him/her. |
|
|
Term
|
Definition
A deal offered by the D. A., in which
- Defendant agrees to plead "GUILTY" to a LESSER CHARGE; and
- D. A. agrees to give Defendant a LESSER SENTENCE
|
|
|
Term
| ATTORNEY-CLIENT PRIVILEGE |
|
Definition
everything you tell your attorney is "confidential".
Your attorney cannot tell anyone what you say to him.
He will lose his license to practice law if he does.
|
|
|
Term
When your attorney questions a
prosecution witness, what will he try to do?
|
|
Definition
He'll try to make the Prosecution witness look 'bad' (confused, forgetful, lying)
(This is during "cross examination")
|
|
|
Term
| What are some ways your attorney will help you? |
|
Definition
My attorney will
- advise me about how to plead
- advise me about whether I should testify
- advise me about any plea bargain offer
- inform me what evidence the D.A. has against me
|
|
|
Term
| What should you do if you disagree with a part of your attorney's plan? |
|
Definition
Tell your attorney what you disagree with and ask him "WHY" he is advising this.
Tell him your idea and see what he thinks. |
|
|
Term
| As a Defendant, you have the Right to what?? |
|
Definition
- to know what your charges are
- to a public trial
- to an attorney
- to an appeal
- to remain silent
|
|
|
Term
| If you hear a witness lying about you on the stand, what should you do?? |
|
Definition
| Tell your attorney immediately, by quietly whispering or writing a note to him |
|
|
Term
| What could you do if you feel yourself getting upset during court?? |
|
Definition
- take slow deep breaths
- think of the consequences of "acting-out" in court
- quietly whisper to your attorney you would like a short 'break'
|
|
|
Term
|
Definition
|
|
Term
After getting advice from your attorney,
what decisions are yours--alone--to make??
|
|
Definition
- whether to testify
- whether to accept/reject a plea bargain
- what your plea will be
|
|
|
Term
| If you testify, WHO will ask you questions on the stand?? |
|
Definition
- 1st) Your attorney ("direct")
- 2nd) the D. A. ("cross")
|
|
|
Term
|
Definition
- your answer to the court about your criminal charges
|
|
|
Term
| If you are considering pleading "guilty", what should you ask your attorney?? |
|
Definition
- what are my chances of being convicted if I go to court?
- What would likely be my Sentence?
- Is a Plea-Bargain offer still a possibility?
|
|
|
Term
If you plead Not Guilty by Reason of Insanity (NGRI), will you have a trial?
why/why not? |
|
Definition
Yes, you will have a trial, because
- your attorney will have to prove that you were insane at the time you committed the crime
|
|
|
Term
If you really did what you are accused of,
can you still plead "not-guilty"? |
|
Definition
YES you can
- Remember, the D. A. has to prove your guilt in court.
|
|
|
Term
| Name one situation when you might be very likely to ACCEPT a plea bargain offer. |
|
Definition
- when the D. A. has a LOT of evidence against me
|
|
|
Term
|
Definition
| when the verdict is "GUILTY" |
|
|
Term
|
Definition
| the verdict is "NOT-GUILTY" |
|
|
Term
| If you do not agree with something your lawyer says in court, what should you do? |
|
Definition
- quietly whisper to him that you wish to discuss the matter
|
|
|
Term
| What are 2 things you should never do while testifying in court? |
|
Definition
You should never
- tell a lie
- show your anger (remain calm no matter what)
|
|
|
Term
| If your attorney makes an "objection" while you are being cross-examined by the D. A., what should you immediately do? |
|
Definition
- Stop Talking immediately
- wait for the Judge to "sustain" or "overrule" the objection
- the Judge will tell you to "answer" or "not answer" the last question.
|
|
|
Term
| If you are testifying, and you don't understand a question you are asked, what should you do? |
|
Definition
- Say you don't understand the question and ask that it be repeated or re-phrased (asked a different way).
|
|
|
Term
| If you are testifying, and you don't understand a question you are asked, what should you do? |
|
Definition
- Say you don't understand the question and ask that it be repeated or re-phrased (asked a different way).
|
|
|
