Chapter 8: Courtroom and Criminal Trial Flashcards
the examination in court of the issues of fact and relevant law in a case for the purpose of convicting or acquitting the defendant
Trial
the professional courtroom actors, including judges, prosecuting attorneys, defense attorneys, public defenders
Courtroom Work Group
an elected or appointed public official who presides over a court of law
The Judge
may serve as the quasi-legal advisor to local police, they also have the burden of proving guilty
Prosecutor
the decision-making power of prosecutors, based on the wide range of choices available to them
Prosecutorial Discretion
any information having a tendency to clear a person of guilt or blame
Exculpatory Evidence
a licensed trial lawyer, hired or appointed to conduct the legal defense of a person accused of a crime and to represent him or her before a court of law, these can include:
- private attorneys
- court-appointed counsel
- public defenders
Defense Counsel
court officers whose duties are to keep order in the courtroom, secure witnesses, and maintain physical custody of the jury, in federal court they are deputy U.S. Marshals
Bailiffs
the right to challenge a potential juror without disclosing the reason for the challenge
Peremptory Challenges
a preliminary examination of a witness or a juror by a judge or counsel
Voir Dire
The use of correlational techniques from
the social sciences to gauge the
likelihood that potential jurors will vote
for conviction or for acquittal
Scientific Jury Selection
a jury that is isolated from the public during the course of a trial and throughout the deliberation process
Sequestered Jury
proves a fact without requiring an interference
Direct Evidence
indirect and requires an inference
Circumstantial Evidence
consists of physical material or traces of physical activity
Real Evidence
the oral evidence offered by sworn witnesses on the stand during the trial
Testimony
lying while under oath
Perjury
An eyewitness, character witness, or
other person called on to testify who is
not considered an expert
Lay Witness
A written order issued by a judicial
officer or grand jury requiring an
individual to appear in court and give
testimony
Subpoena
A member of the trial or grand jury who
has been selected for jury duty and is
required to serve as an arbiter of the
facts in a court of law
Juror
The determination of the defendant’s
guilt or innocence
Nature and Purpose
The court rules that govern the
admissibility of evidence
Rules of Evidence
The two-sided structure under which
American criminal trial courts operate
that pits the prosecution against the
defense
Adversarial System
Assess the impact of a defense
attorney’s arguments
Shadow Jury
Places the burden on the prosecution to
show that the jury’s decision would
most likely have been the same even in
the absence of the inappropriate
evidence
Harmless Error Rule
Something that is not based on personal
knowledge of a witness
Hearsay
Longstanding precedent that hearsay
cannot be used in American courtrooms
Hearsay Rule
The decision of the jury in a jury trial or
of a judicial officer in a nonjury trial
Verdict
