Criminal Process

Question 1

Criminal law

Answer 1

A violation in criminal law is perceived as harming the community, thus the state/government will at against the violator. Penalties for violating criminal law include: fines, community service, and imprisonment. One can be charged criminally and sued civilly for the same event
As the state is the plaintiff, this is also why criminal cases are identifiable by state or people vs (person name)

Question 2

Prosecution

Answer 2

The bringing of criminal charges against a defendant; also the party presenting the government’s case at a criminal trial

Question 3

Warrant

Answer 3

An order from a judicial officer or the court authorizing an arrest or a search or seizure of property

Question 4

Initial appearance

Answer 4

The first court appearance by a defendant to a criminal charge, during which the court informs them of the charges, decides whether bail is appropriate, and sets the date for the next court proceeding

Question 5

Misdemeanor

Answer 5

A crime punishable by sentence of less than 1 year

Question 6

Felony

Answer 6

A crime punishable by sentence of a year or more in prison

Question 7

Bail

Answer 7

Money or property deposited with the court to procure the release of a defendant and to ensure the appearance of the defendant at trial

Question 8

Bail bond

Answer 8

A written agreement to pay the full bail amount to the court if the defendant fails to appear when required

Question 9

Personal recognizance

Answer 9

A defendant is released without being required to post bail, on the promise that they will appear in court at the designated times

Question 10

Assigned counsel

Answer 10

An attorney who is ordered to represent a defendant, usually because the defendant cannot afford an attorney

Question 11

Counsel

Answer 11

Legal representative. Attorney

Question 12

Nolle prosequi

Answer 12

The decision of the prosecutor not to prosecute, even though they believe that there is sufficient evidence to do so

Question 13

District attorney

Answer 13

Prosecutor for the state

Question 14

Plead

Answer 14

To declare a defendant’s position in a criminal trial “guilty” or “not guilty”. Other possible pleas include Nolo contendere

Question 15

Plead bargain

Answer 15

A defendant in a criminal case agrees to plead guilty, usually to a lesser charge, in return for a reduced sentence

Question 16

Nolo contendere (no contest)

Answer 16

When a defendant decides not to contest the charges, but does not admit guilt. The defendant may be sentenced as though he plead guilty.

Question 17

Preliminary hearing

Answer 17

A hearing requiring the State to produce sufficient evidence to establish that there is probably cause to believe that the defendant committed a crime

Question 18

Probably cause

Answer 18

A reasonable basis to believe that a crime was committed

Question 19

Bound over

Answer 19

Submitted to/sent

Question 20

Grand jury

Answer 20

An investigatory panel that determines whether probably cause exists to return an indictment

Question 21

Indictment

Answer 21

A formal charge by a grand jury alleging a criminal act

Question 22

Arraignment

Answer 22

Formal hearing in court where the defendant is informed of charges being brought and generally pleads guilty, not guilty, or nolo contendre

Question 23

Beyond a reasonable doubt

Answer 23

The degree of proof required in a criminal prosecution usually requiring unanimous agreement of the jury. The jury may have some doubt and still find the person guilty, but the doubt cannot be reasonable. If the doubt is reasonable the verdict must not be guilty.

Question 24

Acquit

Answer 24

To find a defendant not guilty

Question 25

Adverse judgement

Answer 25

A judgement against your client

Question 26

Double jeopardy

Answer 26

In a criminal case, the state cannot retry a defendant on the same charges once a not-guilty verdict is rendered by a judge or jury

Question 27

Chain of custody

Answer 27

For evidence to maintain its integrity, there must be chronological documentation of each person having possession of the evidence (custody) from the point of collection (or seizure) until admission at trial, including how it has been controlled, transferred, analyzed, or otherwise handled. Applies to physical and electronic evidence and may be relevant in both civil or criminal cases.

Question 28

Full faith and credit

Answer 28

Article IV. Section 1 of the US Constitution establishes that individual states within the United States must respect the “public acts, records, and judicial proceedings of every other state” In short, any state must give “full faith and credit” to the laws and judgements of other states

Question 29

Precedent

Answer 29

A prior case (usually a written court opinion) that a subsequent court may rely upon when deciding a matter with similar facts and/or issues

Question 30

Stare decisis (let the decision stand)

Answer 30

The principle that a court should follow previous court decisions unless there exists a compelling reason not to. Related to the concept of precedence.

Question 31

Due process

Answer 31

Legal principle that the government must safeguard the legal rights owed to a person according to the law, including notice of proceedings and a chance to be heard prior to the loss of life, liberty, or property. Also, a constitutional guarantee that a law shall not be unreasonable

Question 32

Notice

Answer 32

To provide, or to gain, knowledge of legally relevant info.
A critical concept applicable to almost every area of law (i.e “notice” of certain facts can impact liability such as when one is aware of a dangerous condition on their property)

Question 33

Burden of Proof

Answer 33

The burden of proof in criminal cases is considerably higher than in civil cases. In preponderance of evidence standard in civil cases basically means a “majority of evidence” points one way or the other. In criminal cases, though, the jury must be certain by “beyond a reasonable doubt” Thus, even if a juror thought it was likely that a defendant was guilty. If he or she still had “reasonable” doubt. He or she would have to find the defendant not guilty.

Question 34

Impeach

Answer 34

Exception to rule: if an attorney calls a witness and a judge declares the witness hostile, it means the attorney may discredit the witness, and also ask leading questions on direct examination