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31 Cards in this Set

  • Front
  • Back

nolle prosequi

The ending of a criminal case because the prosecutor decides or agrees to stop prosecuting. When this happens, the case is “nollied,” “nolled,” or “nol. prossed.”

arraignment

The stage of the criminal process in which the defendant is formally told the charges and allowed to enter a plea.

arrest

The act of depriving a person of his or her liberty, most frequently accomplished by physically taking the arrestee into police custody for a suspected violation of criminal law.

arrest warrant
A document issued by a judicial officer authorizing the arrest of a specific person.
bail
The security (money or bail bond) given as a guarantee that a released prisoner will appear at trial.
bail agent (bail bondsperson)
A person whose business it is to effect release on bail for persons held in custody by pledging to pay a sum of money if a defendant fails to appear in court as required.
bench warrant (capias)
An order issued by the court itself, or from the bench, for the arrest of a person; it is not based, as is an arrest warrant, on a probable cause showing that a person has committed a crime, but only on the person’s failure to appear in court as directed.
bind over
If at the preliminary hearing the judge believes that sufficient probable cause exists to hold a criminal defendant, the accused is said to be bound over for trial.
cash bond
Requirement that money be posted to secure pretrial release.
charging document
An information, indictment, or complaint that states the formal criminal charge against a named defendant.
complaint
In civil law, the first paper filed in a lawsuit. In criminal law, a charge signed by the victim that a person named has committed a specified offense.
contempt of court
The failure or refusal to obey a court order; may be punished by a fine or imprisonment.
grand jury
A group of citizens who decide whether persons accused of crimes should be indicted (true bill) or not (no true bill).
hierarchy rule
A UCR rule that records only the most serious crime to occur during an event in which two or more crimes were committed, rather than recording each crime.
immunity
A grant of exemption from prosecution in return for evidence or testimony.
index crimes
The specific crimes used by the FBI when reporting the incidence of crime in the United States in the Uniform Crime Reports.
indictment
A formal accusation of a criminal offense made against a person by a grand jury.
information
A formal accusation charging someone with the commission of a crime, signed by a prosecuting attorney, which has the effect of bringing the person to trial.
initial appearance
Shortly after arrest, the suspect is brought before a judicial official who informs the person of the reason for the arrest and makes an initial determination about whether there was probable cause for the arrest. In some jurisdictions, a preliminary determination regarding bail may also be made.
National Incident Based Reporting System (NIBRS)
An incident-based, rather than summary-based, system for tracking criminal offenses with significantly more detail than the UCR.
no true bill
The decision of a grand jury not to indict a person for a crime.

preliminary hearing

A pretrial hearing to determine whether there is probable cause to bind a defendant over for felony trial.

preventive detention

Holding a defendant in custody pending trial in the belief that he or she is likely to commit further criminal acts or flee the jurisdiction.

probable cause

Standard used to determine whether a crime has been committed and whether there is sufficient evidence to believe a specific individual committed it.
property bond
Use of property as collateral for pretrial release.
release on recognizance (ROR)
The release of an accused person from jail on his or her own obligation rather than on a monetary bond.
subpoena (power)
An order from a court directing a person to appear before the court and to give testimony about a cause of action pending before it.
transactional immunity
Absolute protection against prosecution for any event or transaction about which a witness is compelled to give testimony or furnish evidence.

true bill

A bill of indictment by a grand jury.

Type I offenses

Serious crimes of homicide, rape, arson, aggravated assault, robbery, burglary, auto theft, and larceny, according to the FBI’s Uniform Crime Reports; also called index crimes.
use immunity

A witness may not be prosecuted based on grand jury testimony he or she provides but may be prosecuted based on evidence acquired independently from that testimony.