The Criminal Process

Question 1

criminal law

Answer 1

a violation of criminal law is viewed as harming the community. therefore, the state acts against the violator. penalties for violating criminal law include fines, community service, and imprisonment. one can be sued civilly and charged criminally for the same event

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

state or government

Answer 3

in a criminal case, these terms mean the prosecution

Question 4

warrant

Answer 4

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

Question 5

initial appearance

Answer 5

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

Question 6

misdemeanor

Answer 6

a crime punishable by a sentence of less than one year

Question 7

felony

Answer 7

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

Question 8

bail

Answer 8

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 9

bail bond

Answer 9

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

Question 10

personal recognizance

Answer 10

a defendant is released without being required to post bail, on the promise that he or she will appear in court at designated times

Question 11

assigned counsel

Answer 11

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

Question 12

counsel

Answer 12

legal representative. attorney

Question 13

nolle prosequi

Answer 13

the decision of the prosecutor not to prosecute even though he or she believes that there is sufficient evidence to do so

Question 14

district attorney

Answer 14

prosecutor for the state

Question 15

plead

Answer 15

to declare a defendant’s position in a criminal trial, usually either “guilty” or “not guilty”. other possible pleas include “nolo contendere”

Question 16

plea bargain

Answer 16

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

Question 17

nolo contendere

Answer 17

when a defendant decides not to contest the charges, but does not admit guilt. the defendant may be sentenced as though he had pleaded guilty

Question 18

preliminary hearing

Answer 18

a hearing requiring the state to produce sufficient evidence to establish that there is probable cause to believe that a crime has been committed by the defendant

Question 19

probable cause

Answer 19

a reasonable basis to believe that a crime has been committed

Question 20

bound over

Answer 20

submitted to; sent

Question 21

grand jury

Answer 21

an investigatory panel that determines whether probable cause exists to return an indictment

Question 22

indictment

Answer 22

a formal charge by a grand jury alleging a criminal act

Question 23

arraignment

Answer 23

formal hearing in court where the defendant is informed of charges being brought and generally pleads “guilty”, “not guilty”, or “nolo contendere”

Question 24

beyond a reasonable doubt

Answer 24

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 be not guilty

Question 25

acquit

Answer 25

to find a defendant not guilty

Question 26

adverse judgment

Answer 26

a judgment against your client

Question 27

double jeopardy

Answer 27

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