The Criminal Process Flashcards
Criminal law
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.
Prosecution
The bringing of criminal charges against the defendant; also the party presenting the Government’s case at a criminal trial.
State or government
In a criminal case, these terms mean the prosecution
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 him of her of the charges, decides whether bail is appropriate, and sets the date for the next court proceeding
Misdemeanor
A crime punishable by a sentence of less than one year
Felony
A crime punishable by a 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 a 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 he, or she will appear in court at 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 he, or she believes that there is sufficient evidence to do so.
District Attorney
Prosecutor for the state
Plead
To declare a defendants position in a criminal trial, usually either “guilty” or “not guilty.” Other possible pleas include “nolo contendere”