Term
What is the purpose of a trial? |
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Definition
The purpose of a trial is mared by both determining the truth and conflict resolution. There is also the test of credibility which factors into things as well |
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Term
What are the steps that the legal system follows in bringing a case to trial? |
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Definition
Pretrial procedures include the discovery phase and interviews of potential witnesses (called depositions) are part of this process. Attorneys make motions to exclude certain witnesses from the case and the decision on a bench or jury trial is also made at this point |
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Term
What is the order of procedures in the trial itself? |
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Definition
A jury selection (if any), the following occur: 1. Opening statements by attorneys 2. Direct examination of witnesses, cross-examination then redirect and recross of witnesses. Prosecution goes first 3. Presentation of rebuttal witnesses and evidence 4. Closing statements (summations) 5. Judge's instructions to the jury 6. Jury deliberations and announcement of verdict 7. If guilty, determination of the punishment |
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Term
How has the introduction of emerging technologies changes the way that trials are conducted? |
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Definition
Things such as videoconferencing, presentation of evidence and computer animations/simulations are all changing along with new technologies. The psychological impact of these implementations have yet to be determined and are the topic of current research being done |
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Term
How do juries' verdicts differ from those of judges? |
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Definition
Juries tend to be more lenient that judges would be. Judges tend to disagree with juries about 70% of the time and juries were found to be more volatile in their decisions than judges |
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Term
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Definition
A bench trial is a trial in which the judge, rather than the jury, makes the decision in terms of the verdict |
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Term
What is the exact definition of "beyond a reasonable doubt"? |
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Definition
"Beyond a reasonable doubt" is the standard of proof required in a criminal trial. It generally means that jurors (or the judge) should be strongly convinced that the defendant is guilty before they convict |
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Term
What is a closing argument? |
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Definition
A closing argument is a summation of evidence, made by an attorney at the end of a trial |
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Term
What is the decision rule? |
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Definition
The decision rule is the requirement as to whether a jury must reach a unaniumous verdict or whether a majority cote will suffice for a verdict |
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Term
What is experiential inflammatory bias? |
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Definition
Experiential flammatory bias is the notion that people who witness the use of virtual environments may be so swept up in the experience and persuaded by the lifelike nature of these scenes that they have difficulty imagining or visualizing a different point of view |
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Term
What is meant by impeachment? |
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Definition
Impeachment is the cross-examination of a witness with the purpose of calling into question his or her credibility or reliability |
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Term
What are jury sentiments? |
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Definition
Jury sentiments are factors beyond the evidence and the law that jurors may rely on to decide a case |
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Term
What are opening statements? |
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Definition
Opening statements are not part of the evidence but these orations made by the lawyers on each side give an overview of the evidence that will be presented |
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Term
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Definition
Perjury is lying while under oath |
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Term
What is preponderance of the evidence? |
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Definition
The preponderance of the evidence is the standard for a verdict in a civil suit; the evidence for one side outweighs that of the other by even a slight margin |
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Term
What exactly is presence? |
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Definition
Presence is the degree to which a user or observer has the impression actually "being in another world" due to the presentation in the virtual environment |
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Term
What is rebuttal evidence? |
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Definition
Rebuttal evidence is evidence presented to counter or disprove facts previously introduced by the adverse party |
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Term
What does it mean to recross? |
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Definition
To recross means to cross-examine a witness a second time after redirect examination |
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Term
What are the three purposes to trials as outlined by Miller and Boster? |
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Definition
1. The trial as a search for the truth 2. The trial as a test of credibility 3. The trial as a conflict-resolving ritual |
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Term
How does the weight of evidence differ between civil and criminal cases? |
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Definition
In civil cases, a simple slight edge is all that is necessary to rule in one direction or another. In criminal cases, the case of guilt must be made beyond a reasonable doubt |
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Term
What are some advantages that the prosecution has in trials? |
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Definition
The prosecution is the first and last party to address the judge and jury, it has the full resources of the government at its disposal and the prosecution presents its evidence before the defense |
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Term
What are some advantages that the defense holds in trials? |
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Definition
The defense does not bear the burden of proof but only the burden of argument, the prosecution must turn over their evidence and defendants who are found not guilty can never be tried again for that same crime |
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Term
What is different in regards to cases involving the death penalty during the sentencing process? |
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Definition
Juries, instead of judges, determine whether to impose the death penalty or not |
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Term
What happens if a criminal conviction is overturned by an appeal? |
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Definition
The judge will either throw out the charges and the former defendant's record will be expunged from the indicent or the judge will order a retrial |
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Term
What is meant by proceedural fairness? |
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Definition
In the case of a trial by jury, proceedural fairness applies when people see the decision reached by juries as being fairer than those reached by judges due to more people being involved and being judged by a "pool of peers" instead of someone with a high-level law degree |
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Term
What percentage of judges reported that their opinion of the case matched that of the jury? |
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Definition
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Term
In about what percentage of criminal cases did the jury return a guilty verdict in which the judge would've ruled innocent (or vice versa)? |
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Definition
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Term
How do awards in civil cases awarded by judges differ from those awarded by juries? |
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Definition
Juries tend to be more harsh when awarding damages |
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