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Chapter 8
PRETRIAL PROCEDURES AND THE CRIMINAL TRIAL
47
Criminal Justice
Undergraduate 1
04/02/2012

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Cards

Term
initial appearance
Definition
An accused person’s first appearance before a judge or magistrate following arrest.
Term
bail
Definition
The amount paid by a defendant to the court and retained by the court until the defendant returns for further proceedings
Term
preventive detention
Definition
The retention of an accused person in custody before trial, aimed at preventing additional crimes.
Term
release on recognizance (ROR)
Definition
A judge’s order that releases an accused person from jail with the understanding that he or she will return for further proceedings of his or her own will.
Term
property bond
Definition
An alternative to posting bail in cash, in which the defendant provides the court with property valued at the bail amount (often, double the bail amount) as assurance that he or she will return for trial.
Term
bail bondsperson
Definition
) A businessperson who agrees, for a fee, to pay the bail amount if the accused fails to appear in court as ordered
Term
preliminary hearing
Definition
An initial hearing in which a magistrate decides if there is probable cause to believe that the defendant committed the crime with which he or she is charged.
Term
discovery
Definition
Formal investigation by each side prior to trial
Term
information
Definition
The formal charge against the accused issued by the prosecutor after a preliminary hearing has found probable cause
Term
grand jury
Definition
The group of citizens called to decide whether probable cause exists to believe that a suspect committed the crime with which she or he has been charged
Term
indictment
Definition
A charge or written accusation, issued by a grand jury, that probable cause exists to believe that a named person has committed a crime
Term
case attrition
Definition
The process through which prosecutors, by deciding whether to prosecute each person arrested, effect an overall reduction in the number of persons convicted and sentenced.
Term
arraignment
Definition
A court proceeding in which the suspect is formally charged with the criminal offense stated in the indictment
Term
nolo contendere
Definition
Latin for “I will not contest it.” A plea in which the criminal defendant chooses not to challenge, or contest, the charges brought by the government.
Term
plea bargaining
Definition
The process by which the accused person and the prosecutor work out a mutually satisfactory conclusion to the case, subject to court approval
Term
Boykin form
Definition
A form that must be completed by a defendant who pleads guilty to indicate that the plea was entered voluntarily
Term
statute of limitations
Definition
A law limiting the amount of time prosecutors have to bring criminal charges against a suspect after the crime has occurred
Term
jury trial
Definition
A trial before a judge and a jury
Term
bench trial
Definition
A trial conducted without a jury, in which a judge determines the defendant’s guilt or innocence
Term
acquittal
Definition
A declaration following a trial that the individual accused of the crime is innocent.
Term
master jury list
Definition
The list of citizens in a court’s dsitrict from which a jury can be selected.
Term
venire
Definition
The group of citizens from which the jury for a particular trial is selected
Term
voir dire
Definition
The preliminary questions that the trial attorneys ask prospective jurors to determine whether they are biased or have any connection with the defendant or a witness
Term
challenge for cause
Definition
A voir dire challenge for which an attorney states the reason why a prospective juror should not be included on the jury.
Term
peremptory challenge
Definition
A voir dire challenge to exclude potential jurors from serving on the jury without any supporting reason or cause
Term
opening statements
Definition
The attorneys’ statements to the jury at the beginning of the trial
Term
evidence
Definition
Anything that is used to prove the existence or nonexistence of a fact.
Term
testimony
Definition
Verbal evidence given by witnesses under oath.
Term
real evidence
Definition
Evidence that is brought into court and seen by the jury, as opposed to evidence that is described for a jury
Term
lay witnesses
Definition
A witness who can truthfully and accurately testify on a fact in question without having specialized training or knowledge; an ordinary witness
Term
expert witnesses
Definition
A witness with professional training or substantial experience qualifying him or her to testify on a certain subject
Term
direct evidence
Definition
Evidence that establishes the existence of a fact that is in question without relying on inference
Term
circumstantial evidence
Definition
Indirect evidence that is offered to establish, by inference, the likelihood of a fact that is in question
Term
relevant evidence
Definition
Evidence that tends to prove or disprove a fact in question.
Term
direct examination
Definition
The examination of a witness by the attorney who calls the witness to the stand to testify.
Term
hearsay
Definition
Testimony given in court about a statement made by someone other than the person testifying.
Term
confrontation clause
Definition
The part of the Sixth Amendment that guarantees all defendants the right to confront witnesses testifying against them during the criminal trial
Term
cross-examination
Definition
The questioning of an opposing witness during trial.
Term
rebuttal
Definition
Evidence given to counteract or disprove evidence presented by the opposing party.
Term
closing arguments
Definition
Arguments made by each side’s attorney after the cases for the plaintiff and defendant have been presented
Term
charge
Definition
The judge’s instructions to the jury following the attorneys’ closing arguments
Term
verdict
Definition
A formal decision made by the jury.
Term
hung jury
Definition
A jury whose members are so irreconcilably divided in their opinions that they cannot reach a verdict
Term
Allen Charge
Definition
An instruction by a judge to a deadlocked jury with only a few dissenters that asks the jurors in the minority to reconsider the majority opinion
Term
appeal
Definition
The process of seeking a higher court’s review of a lower court’s decision for the purpose of correcting or changing the lower court’s judgment or decision
Term
double jeopardy
Definition
To twice place at risk [jeopardize] a person’s life or liberty. The Fifth Amendment to the U.S. Constitution prohibits a second prosecution in the same court for the same criminal offense.
Term
habeas corpus
Definition
An order that requires correctional officials to bring an inmate before a court or a judge and explain why he or she is being held in prison
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