Chapter 8 - Pretrial Procedures and the Criminal Trial Flashcards
initial appearance
an accused’s first appearance before a judge or magistrate following arrest
bail
the dollar amount or conditions set by the court to ensure that an individual accused of a crime will appear for further criminal proceedings
preventive detention
the retention of an accused person in custody due to fears that she or he will commit a crime if released before trial
release of recognizance (ROR)
a judge’s order that releases an accused from jail with the understanding that he or she will return of his or her own will for further proceedings
property bond
an alternative to posting bail in cash, in which the defendant gains pretrial release by providing the court with property valued at the bail amount as assurance that he or she will return for trial
bail bond agent
a businessperson who agrees, for a fee, to pay the bail amount if the accused fails to appear in court as ordered
preliminary hearing
an initial hearing in which a magistrate decides if there is probable cause to believe that the defendant committed the crime with which he or she is charged
discovery
formal investigation by each side prior to the trial
grand jury
the group of citizens called to decide whether probable cause exists to believe that a suspect committed the crime with which she or he has been charged
information
the formal charge against the accused issued by the prosecutor after a preliminary hearing has found probable cause
indictment
a charge or written accusation, issued by a grand jury, that probably cause exists to believe that a named person has committed a crime
case attrition
the process through which prosecutors, by deciding whether to prosecute each person arrested, effect an overall reduction in the number of persons prosecuted
arraignment
a court proceeding in which the suspect is formally charged with the criminal offense stated in the indictment
nolo contendere
latin for “I will not contest it.” A criminal defendant’s plea, in which he or she chooses not to challenge, or contest, the charges brought by the government
plea bargaining
the process by which the accused and the prosecutor work out a mutually satisfactory conclusion to the case, subject to court approval
statute of limitations
a law limiting the amount of time prosecutors have to bring criminal charges against a suspect after the crime has occurred
jury trial
a trial before a judge and a jury
bench trial
a trial conducted without a jury, in which a judge makes the determination of the defendant’s guilt or innocence
acquittal
a declaration following a trial that the individual accused of the crime is innocent in the eyes of the law and thus is absolved from the charges
master jury list
the list of citizens in a court’s district from which a jury can be selected; compiled from voter-registration lists, driver’s license lists, and other sources
venire
the group of citizens from which the jury is selected
voir dire
the preliminary questions that the trial attorneys ask prospective jurors to determine whether they are biased or have any connection with the defendant or a witness
challenge for a cause
a voir dire challenge for which an attorney states the reason why a prospective juror should not be included on the jury
peremptory challenges
voir dire challenges to exclude potential jurors from serving on the jury without any supporting reason or cause
opening statements
the attorneys’ statements to the jury at the beginning of the trial
evidence
anything that is used to prove the existence or nonexistence of a fact
testimony
verbal evidence given by the witnesses under oath
real evidence
evidence that is brought into court and seen by the jury, as opposed to evidence that is described for a jury
lay witness
a witness who can truthfully and accurately testify on a fact in question without having specialized training or knowledge
expert witness
a witness with professional training or substantial experience qualifying her or him to testify on a certain subject
direct evidence
evidence that establishes the existence of a fact that is in question without relying on inference
circumstantial evidence
indirect evidence that is offered to establish, by inference, the likelihood of a fact that is in question
relevant evidence
evidence tending to make a fact in question more or less probable than it would be without the evidence. Only relevant evidence is admissible in court
direct examination
the examination of a witness by the attorney who calls the witness to stand to testify
confrontation clause
the part of the Sixth Amendment that guarantees all defendants the right to confront witnesses testifying against them during the criminal trial
cross-examination
the questioning of an opposing witness during trial
hearsay
an oral or written statement made by an out-of-court speaker that is later offered in court by a witness (not the speaker) concerning a matter before the court
rebuttal
evidence given to counteract or disprove evidence presented by the opposing party
closing arguments
arguments made by each side’s attorney after the cases for the plaintiff and defendant have been presented
charge
the judge’s instructions to the jury following the attorneys’ closing arguments
verdict
a formal decision made by the jury
hung jury
a jury whose members are so irreconcilably divided in their opinions that they cannot reach a verdict
allen charge
an instruction by a judge to a deadlocked jury with only a few dissenters that asks the jurors in the minority to reconsider the majority opinion
appeal
the process of seeking a higher court’s review of a lower court’s decision for the purpose of correcting or changing the decision
double jeopardy
to twice place at risk (jeopardize) a person’s life or liberty. Constitutional law prohibits a second prosecution in the same court for the same criminal offense
habeas corpus
an order that requires corrections officials to bring an inmate before a court or a judge and explain why he or she is being held in prison
wrongful conviction
the conviction, either by verdict or by guilty plea, of a person who is factually innocent of the charges
