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| The burden of proof that is required before a defendant may be convicted of a crime. The burden is on the prosecution to prove a fact with a high degree of certainty. |
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| It is the duty of the government to establish guilt beyond a reasonable doubt. It is a requiremtn and safeguard of due process law in the historic, procedural content of due process |
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defendant is entitled to be confronted by the witnesses against him/her
*ensures that the witness will give statements under oath
*forces the witness to submit to cross examination
*permits the jury to observe the demeanor of the witness |
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| Allows the use of closed circut television under certain circumstances in child-abuse cases. Specifically, a state statute that authorizes such a procedure must be in place, and the state must establish that the child is unable to face his/her accused molester in person |
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| An individual who has personal knowledge of the facts of the case derived from personal perceptions |
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| An individual who has knowledge and skill in a particular field that is beyond the knowledge of an average person |
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| A subpoena of a witness that also orders the witness to bring certain documents to court; has a description of the material, and statement of the relevance of the requested material |
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| Uniform Act to Secure the Attendance of Witnesses from without the State in Criminal Cases |
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| Enables a court to command the apearance of a material witness beyond the jurisdiction of the court becasue the witness resides in another state. |
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| The questioning of the witness by the side that calls him/her. |
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| The examination of a witness by the party that did not call the witness; used to weaken the witness's testimony |
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| It is the right of the accused to both confront the witnesses against them, and to cross-examine the witnesses against them |
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| A verdict by the judge when the judge concludes that the evidence is such that a jury could not legally find the defendant guilty |
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| Reaffirms the fifth amendment's right against self incrimination |
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| Evidence to rebut or negate evidence presented by the other party |
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| A dorm of pretrial discovery in which a witness is questioned under oath adn the other parties are given an equal opportunity to be present and ask questions. Used more in civial than in criminal cases. |
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| No plea of not guilty by reason of insanity--it's neccessary to plead not guilty, then prove insanity |
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| Preponderance of Evidence |
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| The normal burden of proof required in civil cases where the moving party is required to establish that it was more likely than not that a certain event occured or a fact exists. |
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| mental conditions that are often presented to excuse or justify the conduct of the defendant |
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| An Alabama court set forth the modern version of the Irresistible Impulse test. The test holds that a person wil be considered insane if, due to a disease of the mind, they are unable to control their own behavior. |
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| To determine criminal responsibility: if there is some evidence that the accused suffered from a diseased or defective mental condition at the time the unlawful act was committed, the court must provide the jury with guides for determining whether the accused can be held criminally responsible |
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| The court said that the Durham test is too vague and indefinate to be workable in the determination of criminal responsibility |
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| What is the purpose of an opening statement? |
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An opening statement provides an opportunity to explain the charges against the defendant in detail.
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| What amendment guarantees a defendant the right to be confronted with the witnesses against him/her? |
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| What is the purpose of a subpoena? |
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| To officially notify someone that they must appear in court. |
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| In what way does the oath differ from the affirmation? |
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| Why was the affirmation adopted? |
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| Because generally, people used to believe in deities more, and thought that if they invoked the deity's name and then lied, divine punishment would result. |
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| What is a leading question? |
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| A question that indicates the desired answer to the witness |
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| What is the primary purpose of cross-examination? |
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| To assist in arriving at the truth |
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| Must the defendant present evidence in his or her own behalf? |
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Definition
| No, but if there is any defense that can be presented, it generally is presented, rather than take a chance on the jury's returning a guilty verdict |
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| What is the purpose of rebuttal by the prosecution? |
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| So that if the defense entered information that the prosecution was not aware of, they have a chance to explain that information |
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| What is the purpose of the M'Naghten test? |
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| To detemine whether or not the defendant knew what he was doing, and/or knew that what he was doing was wrong. |
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| What purpose do closing arguments serve? |
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| They merely sum up the evidence presented during the trial |
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