Chapter 9:The Criminal Trial and Sentencing Flashcards

1
Q

Criminal Trials

A

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

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2
Q

Civil Trials

A

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

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3
Q

Traffic Hearings

A

Used to deal with traffic offences.

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4
Q

Legal guilt

A

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

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5
Q

Factual Guilt

A

Refers to whether a defendant actually committed a crime.

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6
Q

Adjudicate

A

To render a formal judgement about a disputed matter

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7
Q

Bench Trial

A

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

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8
Q

Perjury

A

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

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9
Q

Federal Rules of Evidence

A

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

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10
Q

Direct Evidence

A

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

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11
Q

Circumstantial Evidence

A

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

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12
Q

Hearsay

A

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

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13
Q

Hearsay Rule

A

A basic rule that hearsay is inadmissible in court

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14
Q

Dying Declaration

A

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

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15
Q

Excited Utterance

A

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.

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16
Q

Reputation Concerning Character

A

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

17
Q

Rebuttal

A

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

18
Q

Pattern Jury Instructions

A

Language template to be used when charging the jury.

19
Q

Beyond a Reasonable Doubt

A

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.

20
Q

Deliberation

A

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

21
Q

Sequestered

A

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

22
Q

Deadlocked

A

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

23
Q

Mistrial

A

A courtroom trial that ends prior to its normal conclusion

24
Q

Allen Charge

A

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

25
Acquit
To free someone from a criminal charge following a not guilty verdict
26
Jury Nullification
Ability of a jury to ignore the law and acquit a guilty defendant.
27
Reading of the Verdict
Following jury deliberation, a formal event in the courtroom in which the jury offers their verdict on the charges
28
Proportionality
A sentencing concept that indicates that the severity of sentencing should correspond to the severity of the crime committed
29
Equity
A sentencing concept that emphasizes that similar crimes be punished in similar ways.
30
Social Debt
A sentencing concept that takes into account an offender past.
31
Deterrence
Sentencing goal that seeks to dissuade the offender and others in the public from committing a crime
32
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
33
Indeterminate sentencing
System of sentencing allowing greater judicial discretion
34
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
35
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.
36
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.