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34 Cards in this Set
- Front
- Back
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First Appearance
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The first proceeding in front of a judge. At this stage in the criminal justice process, bail may be set or pretrial release arranged.
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Pretrial Release
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The release of an accused person from custody, for all or part of the time before or during the prosecution, on his or her promise to appear in court when required.
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Bail Bond
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A document guaranteeing the appearance of a defendant in court. Helps ensure reappearance of the accused, prevents acquitted individuals from suffering imprisonment.
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Release on Recognition (ROR)
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The pretrial release of a criminal defendant on his or her written promise to appear in court as required. No cash or property bond is required.
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Property bond
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The setting of bail in the form of land, houses, stocks or other material property. In the event that the defendant absconds (flees) prior to trial the bond becomes the property of the court.
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Conditional Release
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The release of an accused or convict from custody or imprisonment, under conditions which bar him or her from certain activities or associations. Breach of any condition will revoke the release order.
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Third party custody
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Assigns custody to agency that promises to ensure his or her later appearance in court.
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Unsecured Bonds
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A bond issue that is backed only by the creditworthiness and reputation of the issuer, and not by any pledged asset. Minor offenses; traffic, drugs.
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Danger Law
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A law intended to prevent the pretrial release of criminal defendants judged to represent a danger to others in the community.
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Competent to stand trial
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A finding by a court that the defendant has sufficient present ability to consult with his/her attorney with a reasonable degree of rational understanding and that the defendant has a rational as well as factual understanding of the proceedings against him/her.
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Plea
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A formal statement by or on behalf of a defendant or prisoner, stating guilt, innocence, or no-contest in response to a charge, offering an allegation of fact, or claiming that a point of law should apply.
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Nolo Contendere
(no contest) |
A plea used when the defendant does not wish to contest conviction. Because the plea does not admit guilt however, it cannot provide the basis for later civil suits that might follow a criminal conviction.
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Plea Bargaining
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Process of negotiating an agreement among the defendant, the prosecutor, and the court as to an appropriate plea and associated sentence in a given case. This shortcuts the trial process and dramatically reduces the time required for the resolution of a criminal case.
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Rules of evidence
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Court rules that govern the admissibility of evidence at criminal hearings and trials.
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Adversarial System
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The two-sided structure under which U.S criminal trial courts operate. It pits the prosecution against the defense.
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Speedy Trial Act
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A 1974 federal law requiring that proceedings against a defendant in a federal criminal case begin within a specified period of time.
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Peremptory Challenge
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The right to challenge a potential juror without dislocating the reason for the challenge. Defense attorneys routinely use this to eliminate juries individuals who are thought to be capable of swaying the jury in an undesirable direction.
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Jury Selection
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The process whereby, according to law and precedent, members of a trial jury are chosen.
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Scientific Jury Selection
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The use of correlation techniques from the social sciences to gauge the likelihood that potential jurors will vote for conviction or for acquittal (not guilty).
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Sequestered Jury
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A jury that is isolated from the public during the course of a trial and throughout the deliberation process.
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Opening Statement
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The initial statement of the defense attorney, made in a court of law to a judge or jury, describing the facts that he/she intends to present during trial to prove the case.
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Evidence
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Anything useful to a judge or jury in deciding the facts of a case. May take the form of witness testimony, written documents, videotape, magnetic media, photographs, physical objects, and so on...
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Direct Evidence
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Evidence that proves a fact, eyewitness testimony, videotaped documentary heard in a criminal courtroom.
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Circumstantial Evidence
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Evidence that requires a judge or jury to reach a conclusion based on what the evidence indicates.
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Real Evidence
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Evidence that consists of physical material or traces of physical activity.
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Probative Value
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Having the quality or function of proving or demonstrating something; value of item based on usefulness in trial.
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Testimony
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Oral evidence offered by a sworn witness on the witness stand during a criminal trial.
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Perjury
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The crime of telling a lie in a court of law after promising to tell the truth.
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Hearsay
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Something not based on personal knowledge of a witness. Testimony about something they have heard.
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Hearsay Rule
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The basic rule that testimony or documents which quote persons not in court are not admissible. One who supposedly knew the facts cannot judge the demeanor and credibility of the alleged first-hand witness. |
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Closing Arguement
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The concluding statement of each party's counsel. Restating the important arguments for the trier of fact, often the jury, in a court case. Occurs after the presentation of evidence.
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Reasonable Doubt
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Actual doubt arising from evidence; facts or circumstances shown by evidence, or lack of evidence.
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Reasonable Doubt Standard
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The quality of proof necessary for conviction in criminal trials.
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Verdict
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The finding or answer of the jury in a jury trial or of a judicial officer in a non-jury trial.
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