Criminal Process

Question 1

Criminal Law

Answer 1

a violation of criminal law is viewed as harming the community so the state acts against the individual

Question 2

Misdemeanor

Answer 2

Crime punishable by a sentence of less than a year

Question 3

Personal Recognizance

Answer 3

Defendant is released without being required to post bail, on the promise they will appear in court

Question 4

Plea Bargain

Answer 4

Defendant agrees to plead guilty for lesser charges

Question 5

Impeach

Answer 5

If an attorney calls a witness and the judge declares the witness hostile, it means the attorney may discredit the witness

Question 5

Nolo Contendere (No Contest)

Answer 5

Defendant decides not to contest the charges, but doesn’t admit guilt

Question 6

Probable Cause

Answer 6

Reasonable basis to believe that a crime has been committed; in civil cases

Question 7

Bound Over

Answer 7

Sent; Submitted to

Question 8

Indictment

Answer 8

Formal charge by grand jury alleging a criminal act

Question 9

Beyond a reasonable doubt

Answer 9

Degree of proof required in a criminal prosecution usually requiring a unanimous agreement of the jury. If doubt is reasonable the verdict must be guilty.

Question 10

Acquit

Answer 10

To find the defendant not guilty

Question 11

Adverse Judgement

Answer 11

Judgement against your client

Question 12

Double Jeopardy

Answer 12

State can’t try the defendant 2 times on the same charges once a not-guilty verdict is rendered

Question 13

Preliminary Hearing

Answer 13

Hearing requiring the state to produce sufficient evidence to establish probable cause to believe a crime has been committed

Question 14

Full faith & credit

Answer 14

Article 4, Section 1 of the Constitution establishes that individual states must respect “public acts, records, and judicial proceedings of every other state” Any state must give “full faith and credit to any other state”

Question 15

Initial Appearance

Answer 15

Where the court first informs the defendant of charges, sets court date and bail

Question 16

Prosecution

Answer 16

Bringing of criminal charges against the defendant. Party presenting the government’s case.

Question 17

Stare Decisis (‘to stand by decided matters’)

Answer 17

Policy of the courts to adhere to a principle of law that has
been laid down in a certain case and to apply it to all future
cases in which the facts are substantially the same. The
principle of law becomes a binding precedent in that court
and in other courts of equal or lower rank

Question 18

Felony

Answer 18

Crime punishable by a sentence of a year or more in prison

Question 19

Nolle Prosequi

Answer 19

Decision of the prosecutor not to prosecute even though they believe there’s sufficient evidence to do so

Question 20

Precedent

Answer 20

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

Question 21

Arraignment

Answer 21

Formal hearing in court where the defendant is informed of charges, where plea is made