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Chapter 7
Prosecution, Defense, and Pretrial Procedures
34
Criminal Justice
Undergraduate 1
12/02/2012

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Term
PROSECUTION
Definition
THE PROCESS THAT OCCURS WHEN THE STATE (OR FEDERAL GOVERNMENT) BEGINS THE FORMAL PROCESS IN A CRIMINAL CASE. THE ACTION IS TAKEN BY A PROSECUTING ATTORNEY.
Term
DEFENDANT
Definition
THE PERSON CHARGED WITH A CRIME AND AGAINST WHOM A CRIMINAL PROCEEDING HAS BEGUN OR IS PENDING,
Term
COMMUNITY-ORIENTED PROSECUTION
Definition
SIMILAR TO COMMUNITY-ORIENTED POLICING, UTILIZES A MORE INTEGRATED, SOLUTION-BASED APPROACH TO CRIME, GOING BEYOND TRADITIONAL CRIMINAL JUSTICE SYSTEMS TO LOOK AT SUCH ISSUES AS QUALITY OF LIFE.
Term
PROSECUTING ATTORNEY
Definition
A GOVERNMENT OFFICIAL RESPONSIBLE FOR REPRESENTING THE STATE (OR FEDERAL GOVERNMENT) AGAINST AN OFFENDER IN CRIMINAL PROCEEDINGS
Term
INFORMATION
Definition
A FORMAL WRITTEN DOCUMENT USED TO CHARGE A PERSON WITH A SPECIFIC OFFENSE.
Term
INDICTMENT
Definition
THE WRITTEN ACCUSATION OF A GRAND JURY, FORMALLY STATING THAT PROBABLE CAUSE EXISTS TO BELIEVE THAT THE SUSPECT COMMITTED A SPECIFIED FELONY.
Term
GRAND JURY
Definition
A GROUP OF CITIZENS, CONVENED BY LEGAL AUTHORITY, WHO EVALUATE EVIDENCE TO ASCERTAIN WHETHER A CRIME HAS BEEN COMMITTED AND WHETHER THERE IS SUFFICIENT EVIDENCE AGAINST THE ACCUSED TO JUSTIFY PROSECUTION.
Term
DEFENSE ATTORNEY
Definition
THE COUNSEL FOR THE DEFENDANT IN A CRIMINAL PROCEEDING, WHOSE MAIN FUNCTION IS TO PROTECT THE LEGAL RIGHTS OF THE ACCUSED.
Term
RIGHT TO COUNSEL
Definition
THE RIGHT TO BE REPRESENTED BY AN ATTORNEY AT CRUCIAL STAGES IN THE CRIMINAL JUSTICE SYSTEM.
Term
WAIVER
Definition
THE GIVING UP OF ONE'S RIGHTS, SUCH AS THE RIGHT TO COUNSEL OR TO A JURY TRIAL.
Term
PRO SE
Definition
"ON BEHALF OF SELF." ACTING AS ONE'S OWN ATTORNEY.
Term
HABEAS CORPUS
Definition
TECHNICALLY, A WRITTEN COURT ORDER REQUIRING THAT THE ACCUSED BE TAKEN TO COURT TO DETERMINE THE LEGALITY OF CUSTODY AND CONFINEMENT.
Term
PUBLIC DEFENDER
Definition
AN ATTORNEY RETAINED AND PAID BY THE GOVERNMENT TO REPRESENT INDIGENT DEFENDANTS IN CRIMINAL PROCEEDINGS.
Term
ASSIGNED COUNSEL
Definition
AN ATTORNEY APPOINTED BY AND PAID FOR BY THE COURT TO REPRESENT A DEFENDANT WHO DOES NOT HAVE FUNDS TO REAIN A PRIVATE ATTORNEY.
Term
CONTRACT SYSTEM
Definition
SYSTEM FOR PROVIDING DEFENSE ATTORNEYS IN WHICH A GOVERNMENT AL AGENCY CONTRACTS WITH A LOCAL BAR ASSOCIATION, A PRIVATE LAW FIRM, OR A PRIVATE ATTORNEY TO PROVIDE LEGAL SERVICES FOR INDIGENT DEFENDANTS.
Term
BOOKING
Definition
THE OFFICIAL RECORDING OF THE NAME, PHOTOGRAPH, AND FINGERPRINTS OF SUSPECT, ALONG WITH THE OFFENSE CHARGED AND THE NAME OF THE OFFICER WHO MADE THE ARREST.
Term
LINEUP
Definition
A PROCEDURE IN WHICH A GROUP OF PEOPLE ARE PLACED GROUP TOGETHER IN A LINE TO ALLOW THE COMPLAINANT OR AN EYEWITNESS TO IDENTIFY THE ALLEGED OFFENDER.
Term
SHOWUP
Definition
AN IDENTIFICATION PROCDURE DURING A POLICE INVESTIGATION.
Term
INTIAL APPEARANCE
Definition
THE FIRST APPEARANCE OF THE ACCUSED BEFORE A MAGISTRATE.
Term
PRELIMINARY HEARING
Definition
AN APPEARANCE BEFORE A LOWER COURT JUDGE TO DETERMINE WHETHER THERE IS SUFFICIENT EVIDENCE TO SUBMIT THE CASE TO THE GRAND JURY OR TO THE TRIAL COURT.
Term
TRUE BILL
Definition
THE PROSECUTOR'S INDICTMENT RETURNED WITH THE APPROVAL OF THE GRAND JURY.
Term
PRESENTMENT
Definition
A DOCUMENT ISSUED BY A GRAND JURY THAT STATES THAT PROBABLE CAUSE EXISTS TO BELIEVE THAT THE SUSPECT COMMITTED THE CRIME.
Term
ARRAIGNMENT
Definition
A HEARING BEFORE A JUDGE, DURING WHICH THE DEFENDANT IS IDENTIFIED, HEARS THE FORMAL READING OF THE CHARGES, IS READ HIS OR HER LEGAL RIGHTS, AND ENTERS A PLEA TO THE CHARGES.
Term
NOLO CONTRENDERE
Definition
"I WILL NOT CONTEST IT." IN A CRIMINAL CASE, THIS PLEA HAS THE LEGAL EFFECT OF A GUILTY PLEA, BUT THE PLEA CANNOT BE USED AGAINST THE DEFENDANT IN A CIVIL ACITON BASED ON THE SAME ACT.
Term
MOTION
Definition
A DOCUMENT SUBMITTED TO THE COURT, ASKING FOR AN ORDER OR A RULING
Term
DISCOVERY
Definition
A LEGAL MOTION REQUESTING THE DISCLOSURE OF INFORMATION HELD BY THE OPPOSING COUNSEL AND INTENDED FOR USE IN THE FORTHCOMING TRIAL.
Term
DEPOSITION
Definition
ORAL TESTIMONY TAKEN FROM THEP OPPOSING PARTY OR A WITNESS FOR THE OPPOSING PARTY.
Term
INTERAGTORIES
Definition
A SET OF QUESTIONS GIVEN TO A PARTY THOUGHT TO HAVE PERTINENT INFORMATION THAT MAY BE USED AT A TRIAL OR OTHER LEGAL PROCEEDINGS.
Term
VENUE
Definition
THE LOCATION OF A TRIAL.
Term
SUBPOENA
Definition
A COMMAND, ISSUED BY A COURT, ORDERING A PERSON TO APPEAR IN COURT AT A SPECIFIED TIME AND PLACE FOR THE PURPOSE OF GIVING TESTTIMONY ON A SPECIFIED ISSUE.
Term
BAIL
Definition
MONEY OR PROPERTY POSTED TO GUARANTEE THAT THE DEFENDANT WILL APPEAR FOR A LEGAL PROCEEDING, SUCH AS A TRIAL, SENTENCING, OR IMPRISONMENT.
Term
PREVENTIVE DETENTION
Definition
INVOVES DEFENDANTS WHO ARE DETAINED BECAUSE THEY ARE THOUGHT TO PRESENT A DANGER TO OTHERS, OR TO BOTH IF RELEASED PENDING TRIAL.
Term
PRETRIAL DETENTION
Definition
THE DETENTION OF A DEFENDANT IN JAIL BETWEEN ARREST AND TRIAL, EITHER BECAUSE THE JUDGE HAS REFUSED BAIL OR THE DEFENDANT CANNOT MEET THE REQUIREMENTS OF BAIL.
Term
BOND
Definition
A WRITTEN DOCUMENT INDICATING THAT THE DEFENDANT OR HIS OR HER SURETIES ASSURE THE PRESENCE OF THAT DEFENDANT IS NOT PRESENT.
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