Chapter 10 Definitions 2 Flashcards
Plea Bargaining
The negotiatton between the Crown and the defense whereby the Crown agrees to a lesser charge or to recommend a lighter penalty in return for a guilty plea by the accused
Resolution Discussion
Negotiation between the Crown and the defense whereby the Crown agrees to a lesser charge or to recommend a lighter penalty in exchange for a guilty plea by the accused
Burden of Proof
The responsibility to prove one’s case
Reasonable Doubt
The level of uncertainty beyond which proof must be established in a criminal trial
Acquitted
Released after being declared not guilty
Disclosure
A requirement that all relevant information be made available
Stay of Proceedings
A judicial remedy used by the courts to stop the action against an accused if the continuance of the action would be considered prejudicial to the accused
Motions for Adjournment
Requests to carry over the trial to another time or date
Impartial
Unbiased or unprejudiced
Trier of Law
The person who rules on how the law is applied to the facts; in an adversarial system, the judge
Jury Panel
A group of individuals from which a jury is chosen; also known as a “jury array”
Challenged
Made a formal objection to a prospective juror
Challenge for Cause
An objection made by a Crown or defense lawyer to remove a prospective juror from consideration because of his or her bias or knowledge about the facts of a case
Peremptory Challenge
An objection made by a Crown or defense lawyer to remove a prospective juror without a specific reason being given
Deliberates
Discusses and weighs the evidence in order to determine a verdict
Charge the Jury
To instruct the jury outlining the law that must be considered an applied to the facts in the case
Perjury
In criminal law, a formal charge laid against an individual for making a false statement under oath
Victim Impact Statement
A declaration made by the victim or the victim’s family detailing the harm done to them and the effect of the crime on their life
Direct Evidence
Witness testimony that is used to verify a fact
Physical Evidence
Material evidence used to prove facts relating to a crime
Circumstantial Evidence
Indirect evidence that allows an inference to be made about the guilt of the accused
Voir Dire
The exclusion of the jury from the courtroom while the admissibility of evidence is discussed; often referred to as a “trial within a trial.”
Relevance
The relation to the matter in question
Leading Questions
Questions that suggest the answer, which may not be asked on direct examination of a witness but may be allowed on cross-examination
Direct Examination
The questioning by a lawyer of his or her own witness
Hearsay Evidence
Testimony that comes from a third party and is not within the knowledge of personal experience of the witness
Reference
The submission of a significant legal question to the Supreme Court for consideration
