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LAS101 - Intro to Law > Chapter 10 - Criminal Procedure - Terminology > Flashcards

Chapter 10 - Criminal Procedure - Terminology Flashcards

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1
Q

objection to prospective jurors on spome specified ground

A

challenges for cause

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2
Q

laws that allow a screen to be placed between a child victim of sexual abuse and a defendant while the child testifies in court

A

child-shield statutes

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3
Q

a summons to appear in court, often used in traffic violations

A

citation

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4
Q

argument presented at trial by counsel at the conclusion of the presentation of evidence

A

closing argument

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5
Q

the attempt to defeat ht outcome of a judicial proceeding by challenging it in a different proceeding or court

A

collateral attack

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6
Q

an informant known to the police but whose identity is held in confidence

A

confidential informants

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7
Q

the act of a person’s voluntarily permitting police to conduct a search of the person or property

A

consent to a search

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8
Q

the rules of law governing the procedures by which crimes are investigated, prosecuted, adjudicated and punished

A

criminal procedure

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9
Q

a jury where the jurors cannot agree on a verdict

A

deadlocked jury

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10
Q

the process by which a jury is selected whose members do not entertain scruples against imposing a death sentence

A

death qualification of a jury

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11
Q

criminal penalty set by law with no discretion for the judge or correctional officials to individualize punishment

A

definite sentencing

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12
Q

the recorded sworn testimony of a witness; not given in open court

A

deposition

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13
Q

evidence that is derived from or obtained only as a result of other evidence

A

derivative evidence

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14
Q

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

A

determinate sentencing

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15
Q

a verdict rendered by a jury upon direction of the presiding judge

A

directed verdict

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16
Q

form of appellate court review of lower court decisions that is not mandatory but occurs at the discretion of the appellate court.

A

discretionary review

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17
Q

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

A

doctrine of harmless error

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18
Q

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

A

drug courier profiles

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19
Q

the practice of subjecting employees to urine tests to determine whether they are using illegal substances

A

drug testing

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20
Q

covert listening to or recording of a person’s conversations by electronic means

A

electronic eavesdropping

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21
Q

warrantless searches performed during an emergency, such as a fire or potential explosion

A

emergency searches

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22
Q

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.

A

evanescent evidence

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23
Q

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.

A

excessive bail

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24
Q

the which exonerates or tends to exonerate a person from fault or guilt

A

exculpatory information

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25
Q

situations that demand unusual or immediate action

A

exigent circumstances

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26
Q

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

A

federal habeas corpus review

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27
Q

the person selected by fellow jurors to chair deliberations and report the jury’s verdict

A

foreperson

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28
Q

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

A

fruit of the poisonous tree doctrine

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29
Q

error in a judicial proceeding that adversely affects the substantial rights of the accused

A

fundamental errors

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30
Q

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

A

good-faith exception

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31
Q

a group of 12-23 citizens convened to hear evidence in criminal cases to determine whether indictment is warranted

A

grand jury

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32
Q

one who has been repeatedly convicted of crimes

A

habitual offenders

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33
Q

the 4th amendment doctrine allowing warrantless searches and arrests where police pursue a fleeing suspect into a protected area

A

hot pursuit

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34
Q

exemption from civil suit or prosecution.

A

immunity

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35
Q

impugning the credibility of a witness by introducing contradictory evidence or proving his or her bad character

A

impeachment

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36
Q

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

A

indefinite sentencing

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37
Q

the doctrine that permits evidence to be admitted at trial as long as it was obtained independently from illegally obtained evidence

A

independent source doctrine

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38
Q

form of criminal sentencing where criminals are sentenced to prison for indeterminate periods until corrections officials determine that rehabilitation has been accomplished

A

indeterminate sentencing

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39
Q

a formal document handed down by a grand jury accusing one or more persons of the commission of a crime or crimes

A

indictment

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40
Q

a document filed by a prosecutor under oath charging one or more persons with the commission of a crime

A

information

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41
Q

after arrest, the first appearance of the accused before a judge or magistrate

A

initial appearance

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42
Q

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

A

inventory search

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43
Q

brief detention of suspects by a police officer who has reasonable suspicion that criminal activity is afoot.

A

investigatory detention

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44
Q

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

A

Jencks Act

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45
Q

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.

A

judgment of acquittal

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46
Q

a judge’s explanation of the law applicable to a case being heard by a jury

A

jury instructions

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47
Q

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

A

jury trial

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48
Q

a question that suggests an answer. Not permitted in cross-exam.

A

leading questions

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49
Q

sentencing practice in which trial courts are constrained by law to impose prison terms of certain minimum duration

A

mandatory sentencing

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50
Q

circumstances or factors that tend to lessen culpability

A

mitigating factors

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51
Q

a formal request to a court to designate a different location for conduct of legal proceedings

A

motion for change of venue

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52
Q

a formal request to a court to postpone a hearing or trial

A

motion for continuance

53
Q

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

A

motion to dismiss

54
Q

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

A

motion to suppress

55
Q

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

A

no contest plea

56
Q

a prosecutor’s or defense lawyer’s initial statement to the judge or jury in a trial

A

opening statements

57
Q

conditioned release from jail or prison of a person who has served part of his or her sentence

A

parole

58
Q

an administrative hearing held for the purpose of determining whether an offender’s parole should be revoked

A

parole revocation hearings

59
Q

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

A

peremptory challenges

60
Q

readily visible to the naked eye

A

plain view

61
Q

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)

A

plea bargaining

62
Q

a formal answer to a criminal charge in which the accused acknowledges guilt and waives the right to trial

A

plea of guilty

63
Q

a formal answer to a criminal charge in which the accused denies guilt and thus exercises the right to trial

A

plea of not guilty

64
Q

term applied to various mechanisms a defendant may use to challenge a conviction after other routes of appeal have been exhausted

A

post-conviction relief

65
Q

the authority of a court of law to punish someone who insults the court or flouts its authority

A

power of contempt

66
Q

a hearing held to determine whether there is sufficient evidence to hold an accused for trial

A

preliminary hearing

67
Q

an investigation held before sentencing a convicted criminal to aid the court in determining the appropriate punishment

A

presentence investigation

68
Q

the holding of a def in custody prior to trial

A

pretrial detention

69
Q

the process by which counsel for parties gain access to the evidence possessed by the opposing party prior to trial

A

pretrial discovery

70
Q

request for certain rulings or orders before the commencement of a trial

A

pretrial motions

71
Q

the release of a defendant pending trial

A

pretrial release

72
Q

informal administrative hearing required before removal of “good time” credits earned by a prisoner

A

prison disciplinary hearings

73
Q

a reasonable ground for belief in certain alleged facts

A

probable cause

74
Q

formal announcement of criminal punishment by a trial judge

A

pronouncement of sentence

75
Q

the standard of proof in a criminal trial or a juvenile delinquency hearing

A

proof beyond a reasonable doubt

76
Q

the leeway afforded prosecutors in deciding whether or not to bring charges and to engage in plea bargaining

A

prosecutorial discretion

77
Q

an atty responsible for defending indigent persons charged with crimes

A

public defender

78
Q

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

A

public safety exception

79
Q

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

A

reasonable expectation of privacy

80
Q

a person’s suspicion based on objective standards that criminal activity is afoot

A

reasonable suspicion

81
Q

the act of compensating someone for losses suffered

A

restitution

82
Q

The right to face one’s accusers in a criminal case

A

right of confrontation

83
Q

right of an atty to ask questions of a witness who has testified on behalf of the opposing party

A

right of cross-examination

84
Q

right guaranteed by the 6th Amendment; statutes and court rules frequently specify time periods within which a trial must be held

A

right to a speedy trial

85
Q

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

A

right to counsel

86
Q

intrusion by law officers or other government officials that affects an individual’s legally protected zone of privacy

A

search

87
Q

search of a person placed under arrest and the area within the arrestee’s grasp and control

A

search incident to a lawful arrest

88
Q

action of police in taking possession or control of property or persons

A

seizure

89
Q

singling out defs for prosecution on the basis of race, religion, or other impermissible classifications

A

selective prosecution

90
Q

legislative guidelines mandating that sentencing conform to guidelines absent a compelling reason for departing from them

A

sentencing guidelines

91
Q

a hearing held by a trial court prior to the pronouncement of sentence

A

sentencing hearing

92
Q

isolation of jurors (usually in a high-profile criminal case) from contact with the general public until a trial jury has reached a verdict

A

sequestration

93
Q

roadblocks set up for the purpose of administering field sobriety tests to motorists who appear intoxicated

A

sobriety checkpoints

94
Q

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

A

stop-and-frisk

95
Q

a search of a suspect’s or prisoner’s private parts

A

strip searches

96
Q

“Under penalty” A judicial order requiring a person to appear in court in connection with a designated proceeding

A

subpoena

97
Q

trial held by a court of limited jurisdiction without benefit of a jury

A

summary justice

98
Q

a court order requiring a person to appear in court to answer a criminal charge

A

summons

99
Q

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

A

suspended sentence

100
Q

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

A

“three strikes and you’re out”

101
Q

the entire collection of relevant facts in a particular case

A

totality of circumstances

102
Q

a grant of immunity applying to offenses that a witness’s testimony relates to

A

transactional immunity

103
Q

“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

A

trial de novo

104
Q

a grant of immunity that forbids prosecutors from using immunized testimony as evidence in criminal prosecutions.

A

use immunity

105
Q

group of citizens from whom a jury is chosen in a given case

A

venire

106
Q

evidence relating to the physical, economic, and psychological impact that a crime has one the victim or victim’s family

A

victim impact evidence

107
Q

“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.

A

voir dire

108
Q

a judicial writ or order directed to a law enforcement officer authorizing the doing of a specified act, such as arrest or search.

A

warrant

109
Q

an arrest by police who do not posses an arrest warrant

A

warrantless arrest

110
Q

searches conducted by police or other officials acting without search warrants

A

warrantless searches

111
Q

the use of highly sensitive electronic devices to intercept electronic communications

A

wiretapping

112
Q

a person who makes an affidavit

A

affiant

113
Q

a written document attesting to specific facts of which the affiant has knowledge, and sworn to or affirmed by the affiant

A

affidavit

114
Q

factors attending the commission of a crime that make the crime or its consequences worse

A

aggravating factors

115
Q

oral statement made by a defendant prior to sentencing

A

allocution

116
Q

information from an unknown source concerning alleged criminal activity

A

anonymous tips

117
Q

appeals brought to higher courts as a matter of right under federal or state law

A

appeal of right

118
Q

an appearance before a court of law for the purpose of pleading to a criminal charge

A

arraignment

119
Q

a document issued by a magistrate or judge directing that a named person be taken into custody for allegedly having committed an offense

A

arrest warrant

120
Q

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

A

automobile exception

121
Q

the conditional release from custody of a person charged with a crime pending adjudication of the case

A

bail

122
Q

a trial held before a judge without a jury present

A

bench trial

123
Q

a capital trial with separate phases for determining guilt and punishment

A

bifurcated trial

124
Q

searches of persons entering the borders of the United States

A

border searches

125
Q

a general term for various court orders requiring that some named person be taken into custody

A

capias

126
Q

Define:

pronouncement of sentence

A

formal announcement of criminal punishment by a trial judge

127
Q

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.

A

Exclusionary Rule

128
Q

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

A

Doctrine of harmless error

LAS101 - Intro to Law (34 decks)

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