Chapter 9:The Criminal Trial and Sentencing Flashcards
Criminal Trials
Trials to ascertain the guilt or lack of guilt of defendants charged with committing crimes.
Civil Trials
Trials used to settle disputes between two parties that do not involve criminal misconduct.
Traffic Hearings
Used to deal with traffic offences.
Legal guilt
Established when a prosecutor is able to persuade a judge or jury that the defendant is guilty of the criminal charges
Factual Guilt
Refers to whether a defendant actually committed a crime.
Adjudicate
To render a formal judgement about a disputed matter
Bench Trial
A trial in which the jury acts as the fact finder, weighs the evidence, deliberates, and renders a verdict.
Perjury
A spoken or written intentional swearing of a false oath or misrepresenting of an agreement to be truthful.
Federal Rules of Evidence
Federal rules guiding what is evidence and what can be introduced in a trial.
Direct Evidence
Something introduced in a trial that does not require an inference to be drawn by the fact-finding body.
Circumstantial Evidence
Evidence that requires the fact-finding body to interpret it and draw conclusions about it meaning.
Hearsay
An out-of-court statement offered in court to prove the truth of the matter asserted.
Hearsay Rule
A basic rule that hearsay is inadmissible in court
Dying Declaration
An exception to the hearsay rule that allows the dying words of a witness to a crime to be used in court.
Excited Utterance
An exception to the hearsay rule – a statement made by a person during a shocking or upsetting event. Words blurted out during the stress of excitement may be entered into court.
Reputation Concerning Character
An exception to the hearsay rule – allows witnesses to testify under oath about the reputation of a person’s friends and acquaintances.
Rebuttal
In some criminal trials, the prosecutors have the last opportunity to speak during closing arguments. Other forms of rebuttal may include evidence or argument.
Pattern Jury Instructions
Language template to be used when charging the jury.
Beyond a Reasonable Doubt
The level of proof required for a criminal case conviction. Refers to a reasonable person having no reasonable doubt that the defendant is guilty as charged.
Deliberation
The jury process of deciding the guilt or lack of guilt of the defendant
Sequestered
When a jury is isolated to prevent contact from outside influences, which may influence the verdict.
Deadlocked
A hung jury that is unable to reach an agreement regarding the guilt or innocence of a defendant is said to be deadlocked.
Mistrial
A courtroom trial that ends prior to its normal conclusion
Allen Charge
Additional instructions a judge may give to a deliberating jury to discourage a mistrial.
Acquit
To free someone from a criminal charge following a not guilty verdict
Jury Nullification
Ability of a jury to ignore the law and acquit a guilty defendant.
Reading of the Verdict
Following jury deliberation, a formal event in the courtroom in which the jury offers their verdict on the charges
Proportionality
A sentencing concept that indicates that the severity of sentencing should correspond to the severity of the crime committed
Equity
A sentencing concept that emphasizes that similar crimes be punished in similar ways.
Social Debt
A sentencing concept that takes into account an offender past.
Deterrence
Sentencing goal that seeks to dissuade the offender and others in the public from committing a crime
Presentence Investigation
An investigation that gathers info on extenuating circumstances and the criminal history of the defendant to be used when determining the severity of the sentence
Indeterminate sentencing
System of sentencing allowing greater judicial discretion
Parole Board
A board the reviews the prior acts and behavior of an inmate to determine when the prisoner is to be released from prison
Violent Crime Control and Law Enforcement Act of 1994
Law that requires prisoners to serve at least 85% of their sentence in order for states to qualify for Fed financial aid.
Mandatory minimum
A form of structured sentencing that applies statute-based minimum sanctions to particular types of crime and/or when particular elements of a crime exist.
