The Criminal Process Flashcards

1
Q

Criminal law

A

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.

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2
Q

Prosecution

A

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

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3
Q

State or government

A

In a criminal case, these terms mean the prosecution

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4
Q

Warrant

A

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

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5
Q

Initial appearance

A

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

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6
Q

Misdemeanor

A

A crime punishable by a sentence of less than one year

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7
Q

Felony

A

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

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8
Q

Bail

A

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

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9
Q

Bail bond

A

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

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10
Q

Personal recognizance

A

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

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11
Q

Assigned counsel

A

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

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12
Q

Counsel

A

Legal representative. Attorney.

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13
Q

Nolle prosequi

A

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

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14
Q

District Attorney

A

Prosecutor for the state

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15
Q

Plead

A

To declare a defendants position in a criminal trial, usually either “guilty” or “not guilty.” Other possible pleas include “nolo contendere”

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16
Q

Plea bargain

A

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

17
Q

Nolo contendere (or no contest)

A

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

18
Q

Preliminary hearing

A

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

19
Q

Probable cause

A

A reasonable basis to believe that a crime has been committed

20
Q

Bound over

A

Submitted to; sent.

21
Q

Grand jury

A

An Investigatory panel that determines whether probable cause exist to return an indictment.

22
Q

Indictment

A

A formal charge by a grand jury alleging a criminal act.

23
Q

Arraignment

A

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

24
Q

Beyond a reasonable doubt

A

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.

25
Q

Acquit

A

To find the defendant not guilty

26
Q

Adverse judgment

A

A judgment against your client

27
Q

Double Jeopardy

A

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.