Chapter 10 - Criminal Procedure - Terminology Flashcards
objection to prospective jurors on spome specified ground
challenges for cause
laws that allow a screen to be placed between a child victim of sexual abuse and a defendant while the child testifies in court
child-shield statutes
a summons to appear in court, often used in traffic violations
citation
argument presented at trial by counsel at the conclusion of the presentation of evidence
closing argument
the attempt to defeat ht outcome of a judicial proceeding by challenging it in a different proceeding or court
collateral attack
an informant known to the police but whose identity is held in confidence
confidential informants
the act of a person’s voluntarily permitting police to conduct a search of the person or property
consent to a search
the rules of law governing the procedures by which crimes are investigated, prosecuted, adjudicated and punished
criminal procedure
a jury where the jurors cannot agree on a verdict
deadlocked jury
the process by which a jury is selected whose members do not entertain scruples against imposing a death sentence
death qualification of a jury
criminal penalty set by law with no discretion for the judge or correctional officials to individualize punishment
definite sentencing
the recorded sworn testimony of a witness; not given in open court
deposition
evidence that is derived from or obtained only as a result of other evidence
derivative evidence
the process of sentencing whereby the judge sets a fixed term of years within statutory parameters and the offender must serve that term without possibility of early release
determinate sentencing
a verdict rendered by a jury upon direction of the presiding judge
directed verdict
form of appellate court review of lower court decisions that is not mandatory but occurs at the discretion of the appellate court.
discretionary review
legal principle that holds that an appellate court should not reverse a decision of a lower tribunal because of an error that does not affect the substantial rights of the parties
doctrine of harmless error
a controversial law enforcement practice of identifying possible drug smugglers by relying on a set of characteristics and patterns of behavior believed to typify persons who smuggle drugs
drug courier profiles
the practice of subjecting employees to urine tests to determine whether they are using illegal substances
drug testing
covert listening to or recording of a person’s conversations by electronic means
electronic eavesdropping
warrantless searches performed during an emergency, such as a fire or potential explosion
emergency searches
evidence that tends to disappear or to be destroyed. Often police seek to justify warrantless search o n the ground that destruction of the evidence is imminent.
evanescent evidence
where a court requires a defendant to post an unreasonably large amount or imposes unreasonable conditions as a prereq for a def to be released before trial. The 8th Amendment to the US Const prohibits courts from requiring this.
excessive bail
the which exonerates or tends to exonerate a person from fault or guilt
exculpatory information