Self Incrimination | Trial | Pre-Trial Proceedings | 6th Amendment Stuff | Potpourri |
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What is the Fifth Amendment?
The amendment that protects your right against self incrimination
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What is false?
True or False: A jury can find that a person is "innocent" at the conclusion of a criminal trial.
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What is "for cause"?
Name of the type of juror strike a prosecutor would use if the potential juror were related to the defendant
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What is indigent?
Term for a person who does not have enough money to pay for his/her own lawyer
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What is "I want to invoke my 5th Amendment rights"?
What a person should say if they do not wish to be questioned by police.
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What is Miranda v. Arizona?
Precedent setting 1966 case which established the now famous warnings which police must give to all suspects before interrogation.
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They must be unanimous.
The do not need to explain their verdict. They can acquit or convict. They should be made up of impartial jurors.
Name two facts that are true about juries.
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What is a peremptory strike?
Name the type of juror strike a prosecutor would use if he/she did not wish to state a reason for excluding the juror
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What is Gideon v. Wainwright?
Precedent setting 1963 case that established that people who could not afford a lawyer in felony cases in state courts were entitled to an attorney paid for by the state
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What is the prosecutor?
Name the person in the justice system with the power to charge, plea bargain, and present evidence at trial
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What is exculpatory?
The word for statements that would tend to indicate a person may be innocent
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Deadlocked/ hung.
The term for when a jury can not come to a verdict.
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What is the 6th?
Amendment that protects a person's right to a fair trial
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What is Batson v. Kentucky?
The precedent setting 1985 case that found that excluding a juror due to race was a violation of a defendant's right to a fair trial.
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What is beyond a reasonable doubt?
The standard of evidence to be found guilty in a criminal case.
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What is to produce reliable evidence?
What is to avoid coercion? What is to give people due process?
Name any one of the three reasons why the Supreme Court decided to enforce the privilege against self incrimination
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Right to an attorney
Right to cross examine witnesses Right to compulsory process Right to a impartial jury Right to a speedy and public trial Right to know the charges against you
Name 3 of the 6 parts of the 6th Amendment
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What is the "confrontation clause"?
The name of the clause within the 6th Amendment clause that protects a defendant's ability to "cross examine" a witness against him
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What is the Strickland Standard?
The standard by which the court decides whether a person's counsel is "ineffective"?
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What is 5%?
Percentage of cases that actually end up going to trial and NOT getting plea bargained to conclusion
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What is in custody?
The Supreme Court says to look at your physical surroundings, probable cause, length of detainment, and whether a person feels free to walk away to determine whether a person is __________________. for the purpose of Miranda warnings.
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Gideon v. Wainwright
Landmark case in 1963 that found that "lawyers in criminal cases are necessities, not luxuries."
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What is the 8th
Which amendment protects those in the US against "excessive bail"?
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What is discovery?
Term for a pre-trial motion where the prosecution and defense share information
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What is voir dire?
The process when prospective jurors are asked questions about whether they qualify for jury duty.
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