10 - Criminal Liability Terms

Question 1

warrant

Answer 1

an order from a judicial officer authorizing an act (the arrest of an individual or the search of property)

Question 2

prosecution

Answer 2

1 - bringing and processing criminal proceedings against someone
2 - the attorney representing the government in a criminal case

Question 3

initial appearance

Answer 3

the first criminal court appearance by persons accused of a crime during which the court

a) informs them of the charges and of their rights,
b) makes a decision on bail, and
c) determines the date of the next court proceeding

Question 4

felony

Answer 4

1 - any crime punishable by death or by imprisonment for a term exceeding a year
2 - a crime more serious than a misdemeanor

Question 5

misdemeanor

Answer 5

1 - any crime punishable by a fine or by detention (often for a year or less) in an institution other than a prison
2 - a crime less serious than a felony

Question 6

bail

Answer 6

1 - money or other property deposited with the court as security to ensure that the defendant will reappear at designated times; failure to appear forfeits the security
2 - release of the defendant upon posting this security

Question 7

personal recognizance

Answer 7

release of a defendant in a criminal case without posting a bond, based solely on a promise of the defendant to appear at all scheduled times

Question 8

preliminary hearing

Answer 8

a pre-trial criminal proceeding to determine if probable cause exists that the accused has committed a crime

Question 9

grand jury

Answer 9

a jury of inquiry (not a trial jury) that sits for a designated period of time (often a month), receives accusations in criminal cases, hears the evidence of the prosecutor (not evidence of the suspects), and issues indictments when satisfied that a trial should be held

Question 10

indictment

Answer 10

a formal document issued by a grand jury accusing the defendant of a crime (if the state has no grand jury, the accusation is often contained in a document called an information)

Question 11

information

Answer 11

a document accusing the defendant of a crime (document is issued by a prosecutor when a grand jury isn’t used or doesn’t exist)

Question 12

bound over

Answer 12

held or transferred for further court proceedings

Question 13

plead

Answer 13

to file a pleading, enter or make a plea, or argue a case in court; in a criminal case, to plead means to enter a specific plea to the charges (guilty, not guilty, or no contest)

Question 14

no contest

Answer 14

plea that doesn’t admit guilt but that doesn’t dispute the charge so that its effect is a conviction

Question 15

plea bargain

Answer 15

an agreement whereby an accused pleads guilty to a lesser included offense or to one of multiple charges in exchange for the prosecution’s agreement to support a dismissal of some charges or a lighter sentence

Question 16

arraignment

Answer 16

a pre-trial criminal proceeding in which the defendant is formally charged with a crime and enters a plea

Question 17

undue prejudice

Answer 17

the persuasiveness of the evidence is outweighed by the harm it could cause a party because of the emotions the evidence could stir up in the minds of the jury

Question 18

acquit

Answer 18

to declare that the accused is innocent of the crime

Question 19

poll

Answer 19

to ask each member of a body that has just voted to state how they individually voted

Question 20

double jeopardy

Answer 20

1 - a second prosecution for the same or substantially same offense after acquittal or conviction
2 - multiple punishments for the same or substantially same offense