Chapter 8: The Prosecution Defense, and Pretrial Activities

Question 1

Advocacy Model

Answer 1

A model in which the defendant and the govt. is represented by advocates who act on behalf of their clients.

Question 2

Adversarial System

Answer 2

A system used in the United States in which prosecutors and defendants compete against each other to reveal the truth.

Question 3

Prosecutor

Answer 3

An attorney who represents the govt. Or the “people” and is responsible for presenting the state’s case in criminal, civil and administrative matters.

Question 4

U.S. Attorney General

Answer 4

Chief law enforcement officer in the govt. And head of the Department of justice

Question 5

U.S. Attorney

Answer 5

Appointed by the president and supervised by the US attorney general in the Department of justice, a U.S. attorney is responsible for trying cases at the federal court level.

Question 6

Exculpatory Evidence

Answer 6

Evidence that may be favorable to a defendant in a criminal trial, often clearing some or all guilt during criminal proceeding.

Question 7

Discovery

Answer 7

The process through which the defense learners about evidence held by the prosecution. This may include reports and witness statements.

Question 8

Defense Attorney

Answer 8

A lawyer who advocates for his or her client and protects the client’s constitutional rights.

Question 9

Pro Bono

Answer 9

Legal representation that is provided at no charge or a reduced fee.

Question 10

Complaint

Answer 10

The document that initiates legal proceedings by demonstrating facts and legal reasons the plaintiff believes the defendant owes remedy or has committed a crime.

Question 11

Petit Juries

Answer 11

Juries that determine guilt or innocence by following the course of a criminal trial. Both prosecution and defense present to a petit jury in trial.

Question 12

Bail Reform Act of 1966

Answer 12

This federal law provides a noncapital defendant with the rights to be release on bond or on the personal recognizance unless the defendant is a flight risk.

Question 13

Recognizance

Answer 13

A suspect, without posting bail money, agrees to show up for the court based on his on her word alone.

Question 14

Preliminary Hearing

Answer 14

This is typically held in criminal cases to determine the extent of evidence and whether enough exists to allow charges to be pressed against the defendant.

Question 15

Arraignment

Answer 15

A formal reading of charges in a court of appropriate jurisdiction in front of the defendant.

Question 16

Plea Bargain

Answer 16

When the prosecutor may offer a lesser charge or reduce the number of charges. The defendant

Question 17

Motion to Suppress

Answer 17

A motion requesting that the court disallow illegally obtained evidence at trial

Question 18

Motion in limine

Answer 18

A motion requesting that the judge rule on whether particular evidence can be used at trial.

Question 19

Motion for a Change of Venue

Answer 19

A pretrial motion requesting a geographical change of the trial.

Question 20

Motion of Discovery

Answer 20

The rules of procedures establish a mandate for the prosecution to give the defense certain evidence.

Question 21

Motion for Recusal

Answer 21

A motion for the recusal of a trial judge or prosecutor

Question 22

Motion for Expenses of Experts

Answer 22

Defense can request that the state pay expenses related to psychological evaluations or other types of expert testimony.

Question 23

Trial Management Order

Answer 23

A full schedule created by the court and the court participants that designates what happens and when as the parties work toward the trial date.

Question 24

Venire

Answer 24

A list of potential jurors from which the jury is selected

Question 25

Challenge to the Array

Answer 25

An argument that the venire should be discharged because of a deficiency or an illegality in the way it was selected.

Question 26

Voir Dire

Answer 26

Process in which prospective jurors are questioned in court under oath to attempt to uncover inappropriate jurors.

Question 27

Challenges for Cause

Answer 27

A challenge during voir dire in which the defense counsel, the prosecutor, or the judge identifies a potential juror he or she believes cannot be unbiased, fair, or impartial. Also known as strike for cause.

Question 28

Strike for Cause

Answer 28

A challenge during voir dire in which the defense counsel, the prosecutor, or the judge identifies a potential juror he or she believes cannot be unbiased, fair, or impartial. Also known as Challenge for cause.

Question 29

Peremptory Challenge

Answer 29

An attorney may remove a prospective juror from the venire without giving a legal reason.

Question 30

Civil Rights Act of 1875

Answer 30

One in a series of post-civil war legislative acts, it prohibited the exclusion of African Americans from jury duty, among other things.