Exam 8: Pretrial Procedures and the Criminal Trial

Which term is Latin for " I will not contest it" and is used as a criminal defendant's plea, in which he or she chooses not tochallenge, or contest, the charges brought by the government? ​

The burden of proof in a criminal trial is referred toas: ​

Explain the Supreme Court ruling of Batson v. Kentucky . Why was this ruling soimportant toour justice system?  Finally, explain how a defendant would have toprove that the prosecution used a peremptory challenge that was racially motivated? ​

Case 8-1 Andrew was arrested and charged with second degree murder. His family was able togather enough money toretain a well-respected criminal defense attorney. His attorney believes that it is very important toget Andrew out of jail on bail sohe can assist him with his defense. The community prefers that he remain in custody. Andrew's attorney believes that it may be in Andrew's best interest toplead guilty tothe charges against him. His attorney is concerned that the evidence against Andrew is overwhelming and a jury will most likely find him guilty if they gototrial. Andrew decides toplead guilty in exchange for a fifteen-year prison sentence. What form must Andrew complete that proves Andrew is pleading guilty voluntarily and with full comprehension of the consequences? ​

Which of the following is NoT one of the possible affirmative defenses used in a defendant's case? ​

Explain the difference between testimony and real evidence, between lay witnesses and expert witnesses, and between direct and circumstantial evidence. ​

As prosecuting attorney of your small suburban town, you must decide whether or not you are going toprosecute each case brought before you by local and state law enforcement. In your community there is a very high rate of unemployment due tothe recent closings of three local coal mines. With people not working, and with noother salient job options, many are turning toalcohol and drugs toease their psychological pain. Unfortunately, with this increase of drug and alcohol abuse, coupled with the lack of work, many of the former coal miners whoworked in the area are increasingly carrying out acts of domestic violence against their loved ones. With that in mind, you are asked tohear a particular domestic violence case in which both the husband and wife were charged with multiple offenses by the local county sheriff. According tothe official sheriff's report, the sheriff and his chief deputy received a 911 call from a concerned neighbor regarding the couple in question. Within minutes they arrived on the scene tofind both the husband and wife both badly beaten and bleeding. After separating the husband and wife, both of whom were extremely intoxicated, neither of their stories matched each other's. one was blaming the other and vice versa. With noother viable witnesses, the sheriff opted tocharge both with simple assault, simple battery, and domestic violence. As prosecuting attorney, how doyou proceed and why?

Evidence witnessed by the person giving the testimony is: ​

The type of legal challenge in which the attorney states the reason why a prospective juror should not be included on the jury is referred toas: ​

Which type of defense used in a defendant's case includes the submission of evidence showing that the accused was not at or near the scene of the crime at the time the crime was committed? ​

Which type of challenge is one used toexclude potential jurors from serving on the jury without any supporting reason or cause being provided by the attorney? ​

If the defendant waives her or his right totrial by jury, a bench trial takes place in which a judge decides questions of legality and fact, and nojury is involved. ​

Prosecutors may turn toplea bargaining toobtain a conviction in a questionable case. ​

During the_________, the defendant appears before a judge or magistrate, whodecides whether the evidence presented is sufficient for the case toproceed totrial.

The group of citizens whoare called todecide whether probable cause exists tobelieve that a suspect committed the crime with which she or he has been charged is called a(n)_____________________.

List five screening factors that prosecutors use todetermine which cases topursue. ​

A(n)_____________________is a witness whocan truthfully and accurately testify on a fact in question without having specialized knowledge or training.

Circumstantial evidence is not admissible in court. ​

A majority of criminal convictions in state courts are the result s of actual criminal trials . ​

outline and provide a short description of each of the six steps leading toa trial. ​