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An accused person’s first appearance before a judge or magistrate following arrest. |
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The amount paid by a defendant to the court and retained by the court until the defendant returns for further proceedings |
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The retention of an accused person in custody before trial, aimed at preventing additional crimes. |
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release on recognizance (ROR) |
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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. |
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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. |
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) A businessperson who agrees, for a fee, to pay the bail amount if the accused fails to appear in court as ordered |
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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. |
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Formal investigation by each side prior to trial |
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The formal charge against the accused issued by the prosecutor after a preliminary hearing has found probable cause |
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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 |
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A charge or written accusation, issued by a grand jury, that probable cause exists to believe that a named person has committed a crime |
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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. |
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A court proceeding in which the suspect is formally charged with the criminal offense stated in the indictment |
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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. |
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The process by which the accused person and the prosecutor work out a mutually satisfactory conclusion to the case, subject to court approval |
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A form that must be completed by a defendant who pleads guilty to indicate that the plea was entered voluntarily |
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A law limiting the amount of time prosecutors have to bring criminal charges against a suspect after the crime has occurred |
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A trial before a judge and a jury |
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A trial conducted without a jury, in which a judge determines the defendant’s guilt or innocence |
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A declaration following a trial that the individual accused of the crime is innocent. |
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The list of citizens in a court’s dsitrict from which a jury can be selected. |
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The group of citizens from which the jury for a particular trial is selected |
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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 |
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A voir dire challenge for which an attorney states the reason why a prospective juror should not be included on the jury. |
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A voir dire challenge to exclude potential jurors from serving on the jury without any supporting reason or cause |
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The attorneys’ statements to the jury at the beginning of the trial |
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Anything that is used to prove the existence or nonexistence of a fact. |
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Verbal evidence given by witnesses under oath. |
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Evidence that is brought into court and seen by the jury, as opposed to evidence that is described for a jury |
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A witness who can truthfully and accurately testify on a fact in question without having specialized training or knowledge; an ordinary witness |
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A witness with professional training or substantial experience qualifying him or her to testify on a certain subject |
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Evidence that establishes the existence of a fact that is in question without relying on inference |
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Indirect evidence that is offered to establish, by inference, the likelihood of a fact that is in question |
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Evidence that tends to prove or disprove a fact in question. |
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The examination of a witness by the attorney who calls the witness to the stand to testify. |
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Testimony given in court about a statement made by someone other than the person testifying. |
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The part of the Sixth Amendment that guarantees all defendants the right to confront witnesses testifying against them during the criminal trial |
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The questioning of an opposing witness during trial. |
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Evidence given to counteract or disprove evidence presented by the opposing party. |
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Arguments made by each side’s attorney after the cases for the plaintiff and defendant have been presented |
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The judge’s instructions to the jury following the attorneys’ closing arguments |
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A formal decision made by the jury. |
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A jury whose members are so irreconcilably divided in their opinions that they cannot reach a verdict |
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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 |
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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 |
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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. |
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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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