Under Penal Code 118 PC, California law defines the
crime of perjury
as deliberately giving false testimony while under oath.
What is the primary purpose of the criminal trial?
The purpose of criminal trials in the United States is
to ensure that an individual accused of a crime receives a fair and impartial evaluation of the situation in order to determine if he is guilty or not
.
Which of the following refers to the intentional making of a false statement as part of the testimony by a sworn witness in a judicial proceeding on a matter relevant to the case at hand?
Perjury
: the intentional making of a false statement as part of the testimony by a sworn witness in a judicial proceeding on a matter relevant to the case at hand.
Which of the following is not a type of risk that judicial officers consider when making pretrial release decisions quizlet?
Which of the following is not a type of risk that judicial officers consider when making pretrial release decisions?
The risk to the defendant of remaining in jail until trial.
Which of the following is an example of jury tampering?
Examples of jury tampering may include
providing outside information to a juror and bribing, threating or intimidating a juror to influence the verdict
. Both lawyers and jurors themselves can be involved in jury tampering.
What are the 4 elements of perjury?
- The accused made a statement under oath or executed an affidavit upon a material matter;
- The statement or affidavit was made before a competent officer authorized to receive and administer oath;
Is perjury ever prosecuted?
Perjury, or lying under oath in court, is often called “the forgotten offense” because it is not only widespread, but
rarely prosecuted
. … According to an article from the Journal of Criminal Law and Criminology, prosecutions for perjury have traditionally been rare, with only 335 criminal cases total from 1966 to 1970.
What is the most important part of the court process?
After many weeks or months of preparation, the prosecutor is ready for the most important part of his job:
the trial
. The trial is a structured process where the facts of a case are presented to a jury, and they decide if the defendant is guilty or not guilty of the charge offered.
What are the 7 steps of a trial?
- Voir Dire. Voir Dire is a fancy French word used to name jury selection. …
- Opening Statement. After the jury is empaneled, the trial will begin with opening statements. …
- State’s Case in Chief. …
- The Defense Case. …
- State’s Rebuttal. …
- Closing Arguments. …
- Verdict.
What is the role of the judge during trials?
The role of the judge is
to keep order or to tell you the sentence of the person
. … In cases with a jury, the judge is responsible for insuring that the law is followed, and the jury determines the facts. In cases without a jury, the judge also is the finder of fact.
Which of the following might be considered a mitigating circumstance?
Mitigating (or extenuating) circumstances are factors that tend to lessen the severity of a crime or its punishment by making the defendant’s conduct understandable or less blameworthy. Mitigating circumstances might include
a defendant’s young age, mental illness or addiction, or minor role in the crime
.
What is the earliest stage of the court process quizlet?
What is the earliest stage of the court process at which the defendant may be given formal notice of the charges against them?
The pretrial release of a criminal defendant on his or her written promise to appear in court as required.
What does the adversarial system do?
The adversarial system or adversary system is a legal system used in the common law countries where two advocates represent their parties’ case or position before an impartial person or group of people, usually a judge or jury,
who attempt to determine the truth and pass judgment accordingly
.
What are the elements of jury tampering?
Jury tampering is
the crime of attempting to influence a jury through other
means than the evidence presented in court, such as conversations about the case outside the court, offering bribes, making threats or asking acquaintances to interfere with a juror.
How often does jury tampering happen?
The 562 judges who responded to the survey reported only three cases of jurors being bribed, out of
more than 26,000 trials in a three-year period
. Not all jury tampering involves an exchange of money. Any effort to bring outside influence to bear on a jury is considered tampering.
What is considered jury misconduct?
It is important to remember that actual misfeasance by a juror may not be required for a claim of “misconduct.” Jury misconduct has been found as
the result of juror disobedience to instructions, inappropriate communications with court personnel, third parties and/or alternate jurors, contact with extraneous reading
…
