Criminal Process Flashcards
Criminal law
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)
Prosecution
The bringing of criminal charges against a defendant; also the party presenting the government’s case at a criminal trial
Warrant
An order from a judicial officer or the court authorizing an arrest or a search or seizure of property
Initial appearance
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
Misdemeanor
A crime punishable by sentence of less than 1 year
Felony
A crime punishable by sentence of a year or more in prison
Bail
Money or property deposited with the court to procure the release of a defendant and to ensure the appearance of the defendant at trial
Bail bond
A written agreement to pay the full bail amount to the court if the defendant fails to appear when required
Personal recognizance
A defendant is released without being required to post bail, on the promise that they will appear in court at the designated times
Assigned counsel
An attorney who is ordered to represent a defendant, usually because the defendant cannot afford an attorney
Counsel
Legal representative. Attorney
Nolle prosequi
The decision of the prosecutor not to prosecute, even though they believe that there is sufficient evidence to do so
District attorney
Prosecutor for the state
Plead
To declare a defendant’s position in a criminal trial “guilty” or “not guilty”. Other possible pleas include Nolo contendere
Plead bargain
A defendant in a criminal case agrees to plead guilty, usually to a lesser charge, in return for a reduced sentence
Nolo contendere (no contest)
When a defendant decides not to contest the charges, but does not admit guilt. The defendant may be sentenced as though he plead guilty.
Preliminary hearing
A hearing requiring the State to produce sufficient evidence to establish that there is probably cause to believe that the defendant committed a crime
Probably cause
A reasonable basis to believe that a crime was committed
Bound over
Submitted to/sent
Grand jury
An investigatory panel that determines whether probably cause exists to return an indictment
Indictment
A formal charge by a grand jury alleging a criminal act
Arraignment
Formal hearing in court where the defendant is informed of charges being brought and generally pleads guilty, not guilty, or nolo contendre
Beyond a reasonable doubt
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.
Acquit
To find a defendant not guilty
Adverse judgement
A judgement against your client
Double jeopardy
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
Chain of custody
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.
Full faith and credit
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
Precedent
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
Stare decisis (let the decision stand)
The principle that a court should follow previous court decisions unless there exists a compelling reason not to. Related to the concept of precedence.
Due process
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
Notice
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)
Burden of Proof
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.
Impeach
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
