Chapter 9:The Criminal Trial and Sentencing

Question 1

Criminal Trials

Answer 1

Trials to ascertain the guilt or lack of guilt of defendants charged with committing crimes.

Question 2

Civil Trials

Answer 2

Trials used to settle disputes between two parties that do not involve criminal misconduct.

Question 3

Traffic Hearings

Answer 3

Used to deal with traffic offences.

Question 4

Legal guilt

Answer 4

Established when a prosecutor is able to persuade a judge or jury that the defendant is guilty of the criminal charges

Question 5

Factual Guilt

Answer 5

Refers to whether a defendant actually committed a crime.

Question 6

Adjudicate

Answer 6

To render a formal judgement about a disputed matter

Question 7

Bench Trial

Answer 7

A trial in which the jury acts as the fact finder, weighs the evidence, deliberates, and renders a verdict.

Question 8

Perjury

Answer 8

A spoken or written intentional swearing of a false oath or misrepresenting of an agreement to be truthful.

Question 9

Federal Rules of Evidence

Answer 9

Federal rules guiding what is evidence and what can be introduced in a trial.

Question 10

Direct Evidence

Answer 10

Something introduced in a trial that does not require an inference to be drawn by the fact-finding body.

Question 11

Circumstantial Evidence

Answer 11

Evidence that requires the fact-finding body to interpret it and draw conclusions about it meaning.

Question 12

Hearsay

Answer 12

An out-of-court statement offered in court to prove the truth of the matter asserted.

Question 13

Hearsay Rule

Answer 13

A basic rule that hearsay is inadmissible in court

Question 14

Dying Declaration

Answer 14

An exception to the hearsay rule that allows the dying words of a witness to a crime to be used in court.

Question 15

Excited Utterance

Answer 15

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.

Question 16

Reputation Concerning Character

Answer 16

An exception to the hearsay rule – allows witnesses to testify under oath about the reputation of a person’s friends and acquaintances.

Question 17

Rebuttal

Answer 17

In some criminal trials, the prosecutors have the last opportunity to speak during closing arguments. Other forms of rebuttal may include evidence or argument.

Question 18

Pattern Jury Instructions

Answer 18

Language template to be used when charging the jury.

Question 19

Beyond a Reasonable Doubt

Answer 19

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.

Question 20

Deliberation

Answer 20

The jury process of deciding the guilt or lack of guilt of the defendant

Question 21

Sequestered

Answer 21

When a jury is isolated to prevent contact from outside influences, which may influence the verdict.

Question 22

Deadlocked

Answer 22

A hung jury that is unable to reach an agreement regarding the guilt or innocence of a defendant is said to be deadlocked.

Question 23

Mistrial

Answer 23

A courtroom trial that ends prior to its normal conclusion

Question 24

Allen Charge

Answer 24

Additional instructions a judge may give to a deliberating jury to discourage a mistrial.

Question 25

Acquit

Answer 25

To free someone from a criminal charge following a not guilty verdict

Question 26

Jury Nullification

Answer 26

Ability of a jury to ignore the law and acquit a guilty defendant.

Question 27

Reading of the Verdict

Answer 27

Following jury deliberation, a formal event in the courtroom in which the jury offers their verdict on the charges

Question 28

Proportionality

Answer 28

A sentencing concept that indicates that the severity of sentencing should correspond to the severity of the crime committed

Question 29

Equity

Answer 29

A sentencing concept that emphasizes that similar crimes be punished in similar ways.

Question 30

Social Debt

Answer 30

A sentencing concept that takes into account an offender past.

Question 31

Deterrence

Answer 31

Sentencing goal that seeks to dissuade the offender and others in the public from committing a crime

Question 32

Presentence Investigation

Answer 32

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

Question 33

Indeterminate sentencing

Answer 33

System of sentencing allowing greater judicial discretion

Question 34

Parole Board

Answer 34

A board the reviews the prior acts and behavior of an inmate to determine when the prisoner is to be released from prison

Question 35

Violent Crime Control and Law Enforcement Act of 1994

Answer 35

Law that requires prisoners to serve at least 85% of their sentence in order for states to qualify for Fed financial aid.

Question 36

Mandatory minimum

Answer 36

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.