Legal Terms Chapter 2 - Criminal Trial Procedure Flashcards
Rules of criminal procedure
Regulations that govern the proceedings in criminal cases.
Crime
A wrong against society.
Guilty
The state of having committed a crime.
Prosecution
A criminal action. The party by whom criminal proceedings are started or conducted.
Arrest warrant
A written order of the court commanding law enforcement officers to arrest a person and bring him or her before the court.
Custody
The care and keeping of anything.
Probable cause
Reasonable belief, based on the then available facts, that a crime has been committed or that evidence of criminality exists.
Search warrant
A written order of the court authorizing law enforcement officers to search for and seize certain property.
Extradition
A process that permits the return of fugitives, to the state in which they are accused of having committed a crime, by the governor of the state to which they have fled.
Citation
A written order by a judge (or a police officer) commanding a person to appear in court for a particular purpose.
Criminal complaint
A written statement of the essential facts making up an offense charged in a criminal action.
Probable cause hearing
A hearing before a judge to determine whether there is sufficient evidence to believe that the person has committed a crime.
Bail
Money or property left with the court to ensure that the person will return to stand trial; nonrefundable if the person does not return.
Personal recognizance
A personal obligation by a person to return to stand trial.
Misdemeanor
A minor crime, not a felony.
Felony
A major crime punishable by imprisonment in a state prison.
Grand jury
A jury consisting of not more than 23 people who listen and see a prosecutor’s evidence and decide whether or not to charge someone with the commission of a crime.
Prosecutor
The person representing the jurisdiction in which the crime has occurred, who brings charges against those the police have arrested.
Information
A formal written charge of a crime made by a public official rather than by a grand jury.
Nolo contendere
A plea in which the defendant neither admits nor denies the charges.
Defense
Evidence or argument offered by the defendant to defeat a criminal charge or civil lawsuit.
Plea bargaining
The working out of a mutually satisfactory disposition of a case by the prosecution and the defense.
Bargain
Agreement.
Fact finder
The jury in a jury trial, or the judge in a bench trial.
Reasonable doubt
Doubt based on reason.
Beyond a reasonable doubt
The condition that exists when the fact finder is fully persuaded that the accused has committed the crime.
Intent
Mental desire and will to act in a particular way, including wishing not to participate.
Acquitted
Discharged from accusation; to be found not guilty.
Judgment
The decision of a court of law.
Victim’s impact statement
A statement to the court, at the time of sentencing, relative to the impact the crime had on the victim or the victim’s family.
Parole board
A group of people authorized to grant parole, also a parole commission.
Parole
A conditional release from prison; allows the person to serve the remainder of a sentence outside of prison under specific terms.
Parolee
A person placed on parole.
Cumulative sentences
Two or more sentences imposed on a defendant to be served one after the other.
Concurrent sentences
Two or more sentences imposed on a defendant to be served at the same time.
Suspended sentence
A sentence that is given formally, but not actually served.
Mandatory sentence
A fixed sentence that must be served with no room for discretion.
Minimum sentence
The smallest amount of time that a prisoner must serve before being released or placed on parole.
Commutation of sentence
The changing of a sentence to one that is less severe.
Pardon
A setting aside of a punishment altogether by a government official.
Miranda warnings
The constitutional rights given to people who are arrested.
Seizure
The action of the police taking evidence of criminality from a person or from his or her property.
Bifurcated trial
A trial that is divided into two parts, providing separate hearings for different issues in the same lawsuit.
Liability
Legal responsibility, obligation, or duty.
Damages
Money which is intended to compensate the injured party for losses caused by the tortious act of the tortfeasor.
Severance of actions
The separation of lawsuits or prosecutions involving multiple parties into separate, independent cases, resulting in separate, final judgments.
