SFO Test 1 Questions and Answers with Verified Solutions.
SFO Test 1 Questions and Answers with Verified Solutions. Lay Witness - Answer- non-expert person called to testify of what they witnessed or heard. Expert Witness - Answer- person who's deemed an expert in certain areas to testify or interpret facts. Justice of the Peace Court - Answer- handles lowest crimes. B & C Misdemeanors, infractions, traffic offenses from kids 16-18. Civil under $5k. Issue search/arrest warrants. No need to appeal. Juvenile Court - Answer- court for under 18 years old, unless, they commit (agg) murder. District Court - Answer- general jurisdiction, both civil & criminal. Need good reason to appeal. Utah Court of Appeals - Answer- jurisdiction over district & juvenile court that hears appeals. Although can't appeal 1st degree & capital felonies. Utah Supreme Court - Answer- hears from the Court of Appeals, first & capital cases, statute violation, promulgates rules of evidence and procedure. Bench Trial - Answer- trial strictly in front of judge and judges makes decision of innocence or guilt Jury Trial - Answer- jury makes determination of innocence or guilt Jury - Answer- 6-12 persons who are normally lay persons or peers Initial Appearance - Answer- defendant makes first appearance, hears charges and enters a plea of guilty or not Bail Hearing - Answer- judge examines facts of case and sets bail. Can also hold defendant without bail. Preliminary Hearing - Answer- court trial prosecutors & defense attorneys enter evidence & examine witness. Finding sufficient evidence to hold defendant for trail. Trial (court) - Answer- main court proceeding for cases to be heard, evidence presented, right to confront witnesses. Sentencing - Answer- Can be done at time of trial, time of convicted defendant is pronounced. Appeals Process - Answer- Decision is made by judge or jury the decision can be appealed by appropriate court. Capital Crime - Answer- Life in prison (without parole) Felony 1st Degree - Answer- 5 years-life Felony 2nd Degree - Answer- 1-15 years Felony 3rd Degree - Answer- 0-5 years Misdemeanor A - Answer- 365 days in jail Misdemeanor B - Answer- 180 days in jail Misdemeanor C - Answer- 90 days in jail Infraction - Answer- Punishable by fine only Elements of a crime - Answer- Corpus Delecti (think detection of finding the elements) Criminal Act - Answer- Actus Reus Criminal Intent - Answer- Mens Rea Concurrence - Answer- timely relationship between intent and the act (think coincidence) Statue of limitations is... - Answer- like a stopwatch. Starts when crime is committed. Can run out of time unless it's one of the big 16. Rape - 8. Other felonies - 4. Misdemeanors - 2. Infractions - 1. Double Jeopardy - Answer- all crimes in one episode must be in one trial Presumption of Innocence (76-1-501) - Answer- Held until each element is proved beyond a reasonable doubt.
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