Term
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Definition
Evidence that can be proven that an individual committed the crime without need for inference
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Term
| Define Circumstantial Evidence. |
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Definition
Evidence or facts that one can draw reasonable inferences from that the person committed the crime i.e. a person holding the murder weapon while near the dead body
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Term
| What does the 4th amendment cover |
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Definition
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Term
| Define what "Anatomy of a Case" means. |
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Definition
Our system is adversarial, with two legs, criminal and civil. In criminal cases we are supposed to “quest for the truth.” In civil cases, you have to prove causation and liability. |
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Term
| What does the 5th Amendment do? |
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Definition
| Cannot confine without indictment, right against double jeopardy and self-incrimination, right to due process. |
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Term
| What does the 6th amendment do? |
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Definition
| Right to fair, impartial, speedy trial, right to confront witnesses, and right to counsel |
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Term
| What is the burden of proof for an arrest warrant? |
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Definition
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Term
| How might someone get an arrest warrant? |
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Definition
Must go before a Judge and swear before him in the form of an affidavit that you have probable cause that x suspect, committed x crime(s), and these are the reasons why. |
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Term
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Definition
Defendant is brought before a magistrate (or a Judge depending on Jurisdiction). The magistrate ensures that the defendant understands the charges before him and sets a bond. |
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Term
| Describe the General District Court trial. |
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Definition
Handles Juvenile and Domestic Court Cases, minor offenses. It is the lowest rung of the court system. Handles arraignments-Judge ensures that the defendant understands the charges, whether or not the defendant needs an attorney and will appoint one, sets bond and may potentially modify bond and holds the Preliminary Hearing.
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Term
| Describe what happens during the preliminary hearing (District Court) |
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Definition
Prosecution presents their evidence as they have the only burden of proof. If it is a misdemeanor charge, the case will go right to trial. The burden of proof still remains at the level of probable cause. The defense can present evidence, but it is rare. If the Judge believes there is enough evidence to support probable cause that this defendant committed this crime, the case goes before a Grand Jury. The burden of proof at the Grand Jury level is still probable cause. |
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Term
| What is another name for the circuit court and why? |
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Definition
| The "Court of Record" and it is because everything is recorded |
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Term
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Definition
The formal charging document in a case. The indictment contains the basic information that informs the person of the charges against him. The grand jury hands down the indictment.
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Term
| If there is an appeal from the district court, where does it go? |
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Definition
| The next level up, which is the circuit court |
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Term
| What 2 circumstances will a trial in the circuit court happen? |
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Definition
1. On Basis of Indictment: Handed down from the Grand Jury.
2. On Basis of Appeal from General District Court: Misdemeanor convictions / other cases from the General District Court will be given new trials in this court based on appeals. |
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Term
| What is the order of a felony trial in circuit court? |
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Definition
| Selection of Jury(Voir Dire), Opening Statements, Presentation of Evidence, Jury Instructions, Closing Arguments, Guilt Determination, Sentencing Procedure/Jury Recommendation |
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Term
| In a circuit court trial, how many jurors are selected? |
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Definition
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Term
| What 3 possible decisions does a jury have? |
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Definition
| Guilty, Not Guilty, or hung (cannot make up mind) |
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Term
| Who is the trier of fact? Judge, Jury, or Lawyers? |
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Definition
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Term
| Who has the burden of proof in a trial? |
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Definition
| The prosecution/government |
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Term
| Define "jury nullification". |
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Definition
| It is when the jury does not believe the law is correct |
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Term
| True or False: Virginia is a bifurcated system where guilt determination and sentencing recommendation occur in different phases or times. |
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Definition
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Term
| How soon after sentencing must a defendant file their appeal in the Virginia Court of Appeals? |
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Definition
| Within 30 days of final sentencing |
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Term
| What is an "En Banc Decision"? |
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Definition
| It is an "in bench" review that is often used for unusually complex cases or cases considered to be of greater importance. rehearing en banc to reconsider a decision of a panel of the court (typically consisting of only three judges) in which the case concerns a matter of exceptional public importance or the panel's decision appears to conflict with a prior decision of the court |
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Term
| What is the order in which appeals go? |
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Definition
| VA court of appeals, VA Supreme Court, US Supreme Court |
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Term
| What does Habeas Corpus mean? |
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Definition
| It is an absolute request to have the matter brought back to the court believing they are being unlawfully detained due to a violation of rights |
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Term
| Define "Reasonable Doubt" |
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Definition
Part of jury instructions in all criminal trials, in which the jurors are told that they can only find the defendant guilty if they are convinced "beyond a reason- able doubt" of his or her guilt. Sometimes referred to as "to a moral certainty," the phrase is fraught with uncertainty as to meaning, but try: "you better be damned sure." By comparison it is meant to be a tougher standard than "preponderance of the evidence," used as a test to give judgment to a plaintiff in a civil (non-criminal) case. The burden does not require that guilt be proven beyond EVERY conceivable or possible doubt, but beyond a “reasonable” doubt. Sure, aliens could have done it, but that isn’t reasonable. |
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Term
| What was the significance of "Commonweath V Aguilar" |
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Definition
Aguilar arrested and convicted of a rape; PERK was collected. Dr. Himes signs off on the Certificate of Analysis and testifies in Court. Defense tries to object b/c Dr. Himes did not do all the work that went in to the DNA testing, but did supervise those who did.
Court of Appeals upheld the conviction because a scientific procedure, which could be and was explained in the testimony. |
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Term
What does VA Code: 19.2-264.3:1.3. Expert assistance for indigent defendants in capital cases establish?
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Definition
Defense is entitled to call for experts to review prosecutions findings and may make a motion for the court to appoint them money.
The defense needs to particularize the need for an expert and be able to tell the judge the expected testimony of the expert.
Have the right to request forensic testing at the expense of the commonwealth.
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Term
| What doe VA 19.2-270.5: DNA profile admissibility in criminal proceeding establish? |
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Definition
| DNA testing is deemed to be a reliable scientific technique and may be admitted to prove or disprove the identity of any person |
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Term
| What does Virginia Statute 19.2-270.4.1: Storage, preservation, and retention of human biological evidence in felony cases establish? |
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Definition
| Once a person is convicted of a felony, biological evidence must be preserved for at least 15 years or longer if deemed by the court. Death cases require the biological evidence to be sent to DFS |
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Term
| What does VA statute 19.2-310.2: Blood saliva, or tissue sample required for DNA analysis upon conviction of certain crimes establish? |
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Definition
| Every person convicted of a felony shall have DNA sample taken for analysis to determine identification characteristics (CODIS) |
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Term
| What does VA statute 19.2-310.2.1: Saliva or tissue required for DNA analysis after arrest for a violent felony establish? |
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Definition
| Anyone arrested of a violent crime will have their DNA taken. If the charge is dismissed or the defendant is acquitted at trial, DFS will destroy the sample |
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Term
| Bloodstain Pattern Analysis: What did James Allen Smith V Commonwealth establish? |
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Definition
said BPA's admissibility is up to the Crt (judge) as the gatekeeper and the weight of the evidence is up to the fact finder (the jury)
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Term
| Who has the burden of proof in a criminal case? |
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Definition
| The government/commonwealth |
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Term
| In civil suits, what must be established? |
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Definition
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Term
| What does it mean when we say we have an adversarial system? |
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Definition
| It is the system versus the defendant. |
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Term
| What two branches of our adversarial system do we have? |
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Definition
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Term
| True or False: A person can be found innocent in the criminal courts, but guilty in civil court |
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Definition
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Term
| What is another name for Habeas Corpus? |
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Definition
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Term
| What is an example of direct evidence? |
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Definition
| A video/CCTV recording of the incident |
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Term
| What is an example of circumstantial evidence? |
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Definition
| Trace evidence, fingerprints, proximity of the suspect to the location of the crime |
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Term
| What type of evidence are the majority of cases based on? |
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Definition
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Term
| What is an indigent person? |
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Definition
| A person who is poor or needy; unable to afford their onw attorney or expert |
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Term
| What is an ex parte hearing? |
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Definition
| A decision is decided by a judge without requiring all of the parties to the controversy to be present |
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Term
| How are appointments for experts for indigent defenders made? |
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Definition
| a request is made for an ex parte hearing to request a qualified expert in preparation for the defense at the court's expense |
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Term
| True or False: Scientific and non-scientific evidence have different discovery requirements per state. |
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Definition
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Term
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Definition
| The government must turn over any evidence that will be presented in court under that state's rules for discovery. "Not trial by ambush" |
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Term
| How is discovery initiated? |
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Definition
| A motion must be filed and can be filed by the accused or the commmonweath |
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Term
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Definition
the testimony made by a qualified person about a scientific, technical, or professional issue. An expert is often called upon to testify due to his/her familiarity with the subject or special training in the field
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Term
| What are the 3 rules that have governed expert testimony? |
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Definition
| Frye, Daubert, Federal Rules of Evidence 702 |
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Term
| What is a certificate of analysis? |
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Definition
| It is a report of findings from a laboratory examination |
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Term
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Definition
Level of proof needed for an arrest warrant
Reason to believe an individual committed the crime
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Term
| Define Beyond a reasonable doubt |
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Definition
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Term
| How many people make up a grand jury? |
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Definition
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Term
| How many people make up a trial jury? |
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Definition
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Term
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Definition
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Term
| In a daubert hearing, who is the gatekeeper? |
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Definition
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Term
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Definition
| A crime which carries a minimum of 1 year in penitentiary |
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Term
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Definition
| A crime that carries a maximum punishment of 12 months in penitentiary |
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Term
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Definition
| It tells the defendant what they are being charged with. Not specific. Just says who is being charged, what is being charged, and for what time period the crime occurred. |
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Term
| Provide an example of a motion. |
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Definition
| To suppress evidence, discovery, appointment of experts |
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Term
| How many jurors can each side (prosecution and defense) strike as a potential juror? |
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Definition
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Term
| Define exculpatory evidence |
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Definition
i. Evidence used to lessen the guilt of the defendant
ii. Evidence used to lesson the punishment or sentence
iii. It is the duty of the gov’t to turn over any evidence that may exonerate or lessen the guilt/punishment of the defendant
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Term
| What case is important/famous when it comes to exculpatory evidence? |
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Definition
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Term
| Who is the burden on to prove insanity for a defense? |
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Definition
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Term
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Definition
| Tracking system for handling any items of evidence. It tells every person who ever touched that evidence |
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Term
| Why is chain of custody important? |
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Definition
| The idea is to prevent tampering |
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Term
| True or False: A Reasonable Degree of Scientific Certainty is not allowed in courts today due to its ambiguity and lack of definition |
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Definition
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Term
| What was the first DNA case in Virginia? |
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Definition
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Term
| True or False: In Virginia, DNA is accepted as a valid by law |
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Definition
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Term
| What was the first fingerprint case in the US? |
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Definition
| People vs Jennings (1910-Chicago) |
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Term
| What year was the daubert case? |
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Definition
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Term
| What year was the Frye case? |
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Definition
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Term
| What was the significance of Patler V Commonwealth? |
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Definition
| It established that a conviction can be obtained base on circumstantial evidence. |
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Term
| Who is considered to be the father of modern anthropology? |
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Definition
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Term
| Who is considered to be the father of modern criminalistics? |
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Definition
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Term
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Definition
| William Bodziak was the FBI’s expert on footwear impressions at the time of the OJ Simpson Trial. Mr. Bodziak opined that the prints were made by one person (Dr. Lee for the Defense said it was two). He stated that the shoe prints were made by a male size 12 Bruno Magli Lorenzo the Lion type shoes. The shoes were of limited production (only 299 sold within a year or so). And that OJ was previously pictured wearing such a pair in 1993 at the Buffalo Bills Reunion. Note: Mr. Bodziak could only opine to the make and manufacturer in the trial based on the pattern as the shoes were never recovered. |
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Term
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Definition
| She is an entomologist who testified in the case against Vincent Brothers who murdered his family of 5. She evaluated bugs found in a rental car radiator. |
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Term
| What was the Lululemon case about? |
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Definition
| Case involving blood spatter. Employee and Manager were closing. Manager (Janet Murray) ends up dead and employee (Brittany Norwood) is beaten and stabbed. Brittany stated that two intruders duct taped her and put her in the bathroom then did what they did to Janet. Looks like Robbery was the motive. Brittany gives a really generic description of the two suspects and the more she talked, the more unbelievable her story was. Employees at the Apple Store next door stated that they heard two women arguing. The evidence showed that Janet had first been struck while she was standing. She had some 320 wounds to include offensive and defensive wounds. Dr. Bosberg testifies concerning the blood evidence. The evidence showed that she had been struck multiple times while standing, crouching, and then on the floor and that she could not have been in the bathroom laying down. The evidence also showed that Brittany walked around in men’s shoes to create some of the shoe impressions in the blood. Convicted of 1st degree murder. |
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Term
| What is the Stephen Scher Case about? |
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Definition
Case involving blood spatter. June 1976-Dr. Stephen Scher and his friend Martin Dillan are on a hunting trip. Martin Dillan ends up shot, Dr. Scher states that he tripped because his shoes were untied when chasing a porcupine and accidently shot himself. Couple months later, Dr. Scher divorces his wife and marries Mr. Dillan’s widow. They exhumed Mr. Dillan’s body and re-looked at the evidence. Dr. Scher’s shoes had a bunch of high velocity blood spatter on them, so he had to be closer than what he stated (Dr. Scher said it was from performing CPR). The blood spatter also refuted Dr. Scher’s statement that he did not see the “accident” occur. There was also blood spatter on a tree IVO the shooting that shows that Mr. Dillan was sitting on a tree stump when he was shot. In 1997, Dr. Scher was convicted and sentenced to prison, where he died |
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Term
| What was the significance of the Sam Sheppard V State of Ohio (1954) case |
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Definition
Case of Habeas Corpus. F. Lee Bailey was the defense attorney in the case. In the case, Sam Sheppard filed a Writ of Habeas Corpus due to the profound amount of media coverage in the case causing him not to receive a fair trial. The Supreme Court affirmed the writ, stating that Sheppard was denied due process. His conviction was overturned and he was granted a re-trial. |
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Term
| What does "Kumho Tire Vs. Carmichael" establish? |
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Definition
Tire blows out, accident ensues. There was a technical aspect involved, i.e., engineering. Decision is that the Gatekeeper is the holder for specialized knowledge. This trial head that a judge’s gatekeeping obligation applies not only to scientific expert testimony, but also the testimony based on technical and other specialized knowledge |
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