CJ 501 Assignment 8
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Feb 20, 2024
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Date: April 26, 2023
Reading Assignment #8 – Chapter 15: Trial & Chapter 16: View, Punishment, and Judicial Review
Chapter 15: Trial
Define Key Terms: 1. Alford plea
- Despite his guilty plea, the defendant insists on his innocence.
2. Arraignment
- Identifies the defendant as the individual named in the indictment, informs him of the allegations, and requests that he enter a plea to the charges.
3
. Challenge for cause
- Any potential juror who is not impartial in the case may face criminal penalties. 4. Competency to testify-
The witness must be able to see and recollect the events that will be the topic of his or her testimony, understand and react intelligently to questions, and have a moral
commitment to speak the truth. 5. Extradition-
A fugitive is freed from one state's custody and transferred to another state to face prosecution.
6. Motion to recuse-
a move asking the judge to withdraw himself from the case 7. Nolo contendere-
The defendant does not acknowledge guilt yet does not fight the prosecution's case.
8. Peremptory challenge-
may be used to dismiss any potential juror without providing an explanation. 9. Venue-
the location where the trial is taking place. 10. Voir dire
- the process by which the defense and prosecution evaluate a panel of possible jurors and choose the jurors who will serve on the jury during the trial.
Answer Review Questions
1.
Can a peremptory challenge be based on a juror’s religious beliefs, economic status, or educational level?
The defense counsel has a right to participate in the jury selection process under the constitution of the nation U. He has the power to veto a jury with no explanation. A peremptory challenge is what this is known as. The right of the defense counsel to reject a jury member exists so that the jury's verdict is accepted without question by both sides. According to the law, a defense attorney's peremptory challenge cannot be based on a person's gender or color. The right of the defense counsel to reject a jury member exists so that the jury's verdict is accepted without question by both sides. According to the law, a defense attorney's peremptory challenge cannot be based on a person's gender or color. As a result, there is no legal provision that prohibits a defense counsel from challenging a
juror's peremptory challenge based on the juror's religious views, educational level, or economic condition.
Chapter 16: View, Punishment, and Judicial Review
Define Key Terms: 1. Allen charge-
When a jury informs the court that they are unable to reach an agreement on a verdict, this is referred to as a "hung jury."
2. Allocution-
The defendant gets the opportunity to speak on her or his own behalf after the factfinder certifies guilt but before the court pronounces sentence.
3. Civil contempt-
To compel compliance with a court order, the court imposes penalty. 4. Closing arguments-
The attorneys provide a summary of the evidence and how it points to a conviction or acquittal. 5. Criminal contempt-
The penalty is enforced in order to protect the court's power and honor.
6. Instructions-
interpretations of the law applicable to the accused conduct and the circumstances presented at trial by the trial judge. 7. Polling the jury-
In open court, he addressed each juror, "Is this your verdict?" Each jury member must respond positively or negatively. 8
. Presentence report-
prepared statements that offer the sentencing body with information about the defendant's history and the circumstances of the offense. 9. Probation-
The defendant is freed from jail on the condition that he or she behaves in a manner that the court approves, as well as any extra specific terms set by the court. 10. Trial de novo-
Not an appeal of the lower court's decision, but a fresh trial.
Answer Review Questions:
1.
Who fixes the sentence in your state—judge or jury? Must they follow sentencing guidelines when determining punishment?
The punishments are set by the judge in Louisiana. The jurors must decide the facts and make their decision within the legal parameters set by the judge. Many states allow counsel
to request special directions, but the final decision is made by the court. One of the most important factors to consider is ensuring that appropriate penalties are applied for each transgression - in other words, the punishment should be commensurate to the crime. To do
so, judges and magistrates use sentencing guidelines. These tools assist in the sentencing of criminals in a consistent manner.
REFERENCES:
Ronald J. Bacigal, Mary Kelly Tate, Criminal Law and Procedure: An Overview, 3rd edition, (Chapter 15: Trial, pgs. 278-296), Cengage publishing, 2009.
Ronald J. Bacigal, Mary Kelly Tate, Criminal Law and Procedure: An Overview, 3rd edition, (Chapter 16: View, Punishment, and Judicial Review, pgs. 297-321), Cengage publishing, 2009.
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