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
situations that demand unusual or immediate action
exigent circumstances
review of a state criminal trial by a federal district court on a writ of habeas corpus after the defendant has been convicted, has been incarcerated, and has exhausted appellate remedies in the state courts
federal habeas corpus review
the person selected by fellow jurors to chair deliberations and report the jury’s verdict
foreperson
a doctrine based on judicial interpretation of the 4th Amendment that holds that evidence that is derived from illegally seized evidence cannot be used by the prosecution
fruit of the poisonous tree doctrine
error in a judicial proceeding that adversely affects the substantial rights of the accused
fundamental errors
an exception to the exclusionary rules that bars use of evidence obtained by a search warrant found to be invalid. The exception allows use of the evidence if police relied in good faith on the search warrant, even though the warrant is subsequently held to be invalid
good-faith exception
a group of 12-23 citizens convened to hear evidence in criminal cases to determine whether indictment is warranted
grand jury
one who has been repeatedly convicted of crimes
habitual offenders
the 4th amendment doctrine allowing warrantless searches and arrests where police pursue a fleeing suspect into a protected area
hot pursuit
exemption from civil suit or prosecution.
immunity
impugning the credibility of a witness by introducing contradictory evidence or proving his or her bad character
impeachment
form of criminal sentencing whereby a judge imposes a term of incarceration within statutory parameters, and corrections officials determine actual time served through parole or other means
indefinite sentencing
the doctrine that permits evidence to be admitted at trial as long as it was obtained independently from illegally obtained evidence
independent source doctrine
form of criminal sentencing where criminals are sentenced to prison for indeterminate periods until corrections officials determine that rehabilitation has been accomplished
indeterminate sentencing
a formal document handed down by a grand jury accusing one or more persons of the commission of a crime or crimes
indictment
a document filed by a prosecutor under oath charging one or more persons with the commission of a crime
information
after arrest, the first appearance of the accused before a judge or magistrate
initial appearance
an exception to the warrant requirement that allows police who legally impound a vehicle to conduct a routine inventory of the contents of the vehicle
inventory search
brief detention of suspects by a police officer who has reasonable suspicion that criminal activity is afoot.
investigatory detention
The common name for e federal statute that permits a def to review a witness’s prior written or recorded statement after the witness has testified on direct examination
Jencks Act
In a nonjury trial, judge’s order exonerating a def based on a dining that the def is not guilty. In a jury trial, judge’s order exonerating def on the ground that the evidence was not legally sufficient to support the jury’s finding of guilt.
judgment of acquittal
a judge’s explanation of the law applicable to a case being heard by a jury
jury instructions
a judicial proceeding to determine a defendant’s guilt or innocence conducted before a body of persons sworn to render a verdict based on the law and the evidence presented
jury trial
a question that suggests an answer. Not permitted in cross-exam.
leading questions
sentencing practice in which trial courts are constrained by law to impose prison terms of certain minimum duration
mandatory sentencing
circumstances or factors that tend to lessen culpability
mitigating factors
a formal request to a court to designate a different location for conduct of legal proceedings
motion for change of venue
a formal request to a court to postpone a hearing or trial
motion for continuance
A formal request to a court to dismiss a plaintiff’s complaint, often on the ground the complaint fails to state a legal basis for relief sought by the plaintiff, OR a formal request to a trial court to dismiss the criminal charges against the defendant
motion to dismiss
a request asking a court to rule that a confession or admission, pretrial identification, o fruits of a search or seizure were unlawful obtained and cannot be used against s defendant in court
motion to suppress
a plea to a criminal charge that, although it is not an admission of guilt, generally has the same effect as a plea of guilty
no contest plea
a prosecutor’s or defense lawyer’s initial statement to the judge or jury in a trial
opening statements
conditioned release from jail or prison of a person who has served part of his or her sentence
parole
an administrative hearing held for the purpose of determining whether an offender’s parole should be revoked
parole revocation hearings
an objection to the selection of a prospective juror in which the attorney making the challenge is not required to state the reason for the objection
peremptory challenges
readily visible to the naked eye
plain view
negotiations leading to an agreement between a defendant and prosecutor whereby the def agrees to plead guilty in exchange for some concession (usually reduction in charges)
plea bargaining
a formal answer to a criminal charge in which the accused acknowledges guilt and waives the right to trial
plea of guilty
a formal answer to a criminal charge in which the accused denies guilt and thus exercises the right to trial
plea of not guilty
term applied to various mechanisms a defendant may use to challenge a conviction after other routes of appeal have been exhausted
post-conviction relief
the authority of a court of law to punish someone who insults the court or flouts its authority
power of contempt
a hearing held to determine whether there is sufficient evidence to hold an accused for trial
preliminary hearing
an investigation held before sentencing a convicted criminal to aid the court in determining the appropriate punishment
presentence investigation
the holding of a def in custody prior to trial
pretrial detention
the process by which counsel for parties gain access to the evidence possessed by the opposing party prior to trial
pretrial discovery
request for certain rulings or orders before the commencement of a trial
pretrial motions
the release of a defendant pending trial
pretrial release
informal administrative hearing required before removal of “good time” credits earned by a prisoner
prison disciplinary hearings
a reasonable ground for belief in certain alleged facts
probable cause
formal announcement of criminal punishment by a trial judge
pronouncement of sentence
the standard of proof in a criminal trial or a juvenile delinquency hearing
proof beyond a reasonable doubt
the leeway afforded prosecutors in deciding whether or not to bring charges and to engage in plea bargaining
prosecutorial discretion
an atty responsible for defending indigent persons charged with crimes
public defender
exception to the requirement that police officers promptly inform suspects taken into custody of their rights to remain silent and have an atty present during questioning. Police may ask suspects questions motivated by a desire to protect public safety without jeopardizing the admissibility of suspects’ answers to those questions or subsequent statements
public safety exception
a person’s reasonable expectation that his or her activities in a certain place are private; society’s expectations with regard to whether activities in certain places are private
reasonable expectation of privacy
a person’s suspicion based on objective standards that criminal activity is afoot
reasonable suspicion
the act of compensating someone for losses suffered
restitution
The right to face one’s accusers in a criminal case
right of confrontation
right of an atty to ask questions of a witness who has testified on behalf of the opposing party
right of cross-examination
right guaranteed by the 6th Amendment; statutes and court rules frequently specify time periods within which a trial must be held
right to a speedy trial
right to be represented by an atty in a court, including the right of an indigent criminal def to have court-appointed counsel when subject to incarceration if convicted
right to counsel
intrusion by law officers or other government officials that affects an individual’s legally protected zone of privacy
search
search of a person placed under arrest and the area within the arrestee’s grasp and control
search incident to a lawful arrest
action of police in taking possession or control of property or persons
seizure
singling out defs for prosecution on the basis of race, religion, or other impermissible classifications
selective prosecution
legislative guidelines mandating that sentencing conform to guidelines absent a compelling reason for departing from them
sentencing guidelines
a hearing held by a trial court prior to the pronouncement of sentence
sentencing hearing
isolation of jurors (usually in a high-profile criminal case) from contact with the general public until a trial jury has reached a verdict
sequestration
roadblocks set up for the purpose of administering field sobriety tests to motorists who appear intoxicated
sobriety checkpoints
an encounter between a police officer and a suspect during which the latter is temporarily detained and subjected to a “pat-down” search for weapons
stop-and-frisk
a search of a suspect’s or prisoner’s private parts
strip searches
“Under penalty” A judicial order requiring a person to appear in court in connection with a designated proceeding
subpoena
trial held by a court of limited jurisdiction without benefit of a jury
summary justice
a court order requiring a person to appear in court to answer a criminal charge
summons
trial court’s decision to place a def on probation or under community control instead of imposing an announced sentence on the condition that the original sentence may be imposed if the def violates the conditions of the suspended sentence
suspended sentence
term for a statute that provides for mandatory life imprisonment for a convicted felon who is convicted of a third violent or serious felony after having been previously convicted of two or more serious felonies
“three strikes and you’re out”
the entire collection of relevant facts in a particular case
totality of circumstances
a grant of immunity applying to offenses that a witness’s testimony relates to
transactional immunity
“A new trial.” Refers also to trial court review of convictions for minor offenses by courts of limited jurisdiction by conducting a new trial instead of merely reviewing the record of the initial trial
trial de novo
a grant of immunity that forbids prosecutors from using immunized testimony as evidence in criminal prosecutions.
use immunity
group of citizens from whom a jury is chosen in a given case
venire
evidence relating to the physical, economic, and psychological impact that a crime has one the victim or victim’s family
victim impact evidence
“To speak the truth.” The process by which prospective jurors are questioned by counsel and/or the court before being selected to serve on a jury.
voir dire
a judicial writ or order directed to a law enforcement officer authorizing the doing of a specified act, such as arrest or search.
warrant
an arrest by police who do not posses an arrest warrant
warrantless arrest
searches conducted by police or other officials acting without search warrants
warrantless searches
the use of highly sensitive electronic devices to intercept electronic communications
wiretapping
a person who makes an affidavit
affiant
a written document attesting to specific facts of which the affiant has knowledge, and sworn to or affirmed by the affiant
affidavit
factors attending the commission of a crime that make the crime or its consequences worse
aggravating factors
oral statement made by a defendant prior to sentencing
allocution
information from an unknown source concerning alleged criminal activity
anonymous tips
appeals brought to higher courts as a matter of right under federal or state law
appeal of right
an appearance before a court of law for the purpose of pleading to a criminal charge
arraignment
a document issued by a magistrate or judge directing that a named person be taken into custody for allegedly having committed an offense
arrest warrant
Exception to the fourth amendment warrant requirement allowing the a warrantless search of a vehicle by police who have probable cause to search but because of exigent circumstances are unable to secure a warrant
automobile exception
the conditional release from custody of a person charged with a crime pending adjudication of the case
bail
a trial held before a judge without a jury present
bench trial
a capital trial with separate phases for determining guilt and punishment
bifurcated trial
searches of persons entering the borders of the United States
border searches
a general term for various court orders requiring that some named person be taken into custody
capias
Define:
pronouncement of sentence
formal announcement of criminal punishment by a trial judge
The principle that evidence illegally seized by law enforcement officers in violation of a suspect’s right to be free from unreasonable searches and seizures cannot be used against the suspect in a criminal prosecution.
Exclusionary Rule
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
