Challenge B Mock Trial Terms Flashcards
affirmative defense
A defense that admits the doing of the act charged, but seeks to justify it
allegation
An accusation that has not yet been proven to be true or false
arraignment
The first court appearance by a defendant at which time the official charge and the right to an attorney is communicated to the defendant and a plea is entered
bodily injury
Physical pain, illness, or impairment of physical condition
burden of proof
The necessity of the state to prove, beyond a reasonable doubt, every material allegation of the indictment and every essential element of the crime charged
charge
The official statement made in court by an authority of the government accusing someone of a crime.
circumstantial evidence
Evidence that suggests by a fact to be so, by pointing to other events or circumstances surrounding it, but not directly stating it. evidence from events or facts that are not seen, heard, or reported directly and that require on to make an inference or draw a conclusion. An example would be noticing an item missing from a room and assuming the person most recently in the room, who reportedly liked that item, is to blame. Conclusive evidence would be finding the item in his/her possession.
closing argument
An overview and summation of evidence given by each party to establish their case and to request a verdict in favor of that evidence
cross-examination
The interrogation of a witness called by the opposing party. Immediately follows the direct examination and attempts to show the witness at his/her worst.
direct examination
The questioning of a party’s own witness for expert testimony or valuable information that will support their case. the direct examination attempts to the witness at his/her best.
direct evidence
Testimony give by a witness who has seen or heard the facts to which he/she testifies (as opposed to hearsay). Eyewitness testimony or physical evidence that would be acceptable in a court of law.
exhibits
Documents or other pieces of evidence submitted for approval to the judge in support of one’s case. These may be referred to in detail and read in part to the jury.
extrapolate
To arrive at conclusions or results based on known facts
closing argument
A passionate, persuasive summary of the case that presents what the evidence proved and what the verdict should be
hearsay
The report by a witness of what someone else was heard to say, in order to prove the ruth of their testimony. Typically, cannot be used as evidence in a court of law.
immunity
A privilege grated to a witness freeing him from prosecution resulting from his testimony.
indictment (in-DITE-ment)
The formal charge of a serious offense issued by a grand jury after it has reviewed the proposed charges and preliminary evidence and concluded based on the evidence that it is probable a crime was committed by the individual and the case should therefore go to trial.
intent
The design or purpose to commit a wrongful or criminal act. This is an essential element of the crime and must be proven by the State beyond a reasonable doubt.
involuntary manslaughter
The unlawful killing of another human being by an individual who “consciously disregards a substantial and unjustifiable risk that death or serious bodily injury would result from his/her conduct.”
malice
“Malice consists of a ‘wickedness of disposition, hardness of heart, cruelty, recklessness of consequences, and a mind regardless of social duty, although a particular person may not be intended to be injured…’ Malice may be found where the defendant consciously disregarded an unjustified and extremely high risk that his actions might cause serious bodily injury.”
memorandum
A written summary explaining a ruling, a charge, or an opinion.
murder
a) Murder of the first degree - A criminal homicide constitutes murder of the first degree when it is committed by an intentional killing.
b) Murder of the second degree - A criminal homicide constitutes murder of the second degree when it is committed while the defendant was engaged as a principal or an accomplice in the perpetration of a felony
c) Murder of the third degree - All other murders shall be murder of the third degree. Murder of the third degree is a felony of the first degree.
Definitions of third-degree murder vary from state to state. For purposes of this Mock Trial, the definition used by the state of Pennsylvania will be observed.
objection
To present to the judge a rule of evidence that would either take away or prevent a question and/or answer.
opening statement
A prepared statement whereby each party introduces themselves and the defendant, and acquaints the jury and judge with the nature of their case.
overruled
The decision by a judge to dismiss an attorney’s objection and allow the questions and answer to stay on the record.
plea
The reply of the defendant to an accusation of guilt made by the prosecution (State) in a criminal case, under common law. (Example: guilty, not guilty, guilty with explanation, not guilty by reason of insanity)
reasonable doubt
A doubt about the guilt of a criminal defendant that arises or remains after carefully weighing and considering all of the evidence, the nature of the evidence, and/or the lack of evidence.
redirect
To rehabilitate a witness or repair damaging testimony. The process of redirect examination is not observed in the Mock Trial.
serious bodily injury
Bodily injury that creates a substantial risk of death or that causes death.
stipulations (stipulated facts)
Certain facts assumed and understood to have been agreed upon by both parties before the pending trial, which do not need to be proven in court. The stipulations are presented to the judge/jury, who accept them as undisputed evidence in the case.
sustained
The decision by a judge to agree with and uphold the validity or relevance of an attorney’s objection.
verdict
The decision given to the court by a trial jury after they have weighed all the facts submitted into evidence.
voluntary
An action performed of one’s own will. A statement must be voluntarily and willingly given.
