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20 Cards in this Set

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  • Back
Adjudication
The determination of guilt or innocence- aj udgement concerning criminal charges. The center point of the adjudication process is the criminal trial
Sell v. United States (2003)
The Court set out four rules that guide the use of forced medication: 1) A court must find that important govenrmental interest are at stake; 2) The court must conclude that forced medication will significantly further state interest; 3) THe court must conclude that involuntary medicati on is necessary to further state interests and find alternative treatments are unlikely to achieve the same results and...4) Court must prove that administerign the drugs is medicaly appropriate
6th Amendment
THe accused has the right to confront witnesses
Confrontation clause
THe right of a criminal defendant to see and corss examine all the witnesses against him or her
Confrontation cluase restricts and controls the admissibility of hearsay evidence
Hearsay evidence
testimony that is not firsthand but relates information told by a second party
Confrontation caluse limits hearsay evidence
Maryland v. Craig
Alleged child abuse victims could testify by closed-circuit television if face-to-face confrontation would cause them trauma.
Compulsory process
To compel the production of witnesses via subpoena
6 person jury
The smallest legally acceptable jury (WIlliam v. Florida)
Argersinger v. Hamlin
Court held that no person can be imprisoned for any offense unless he/she is offered the right to counsel.
Reasonable competence standard
minimally required level of ufnctioning by a defense attorney so that defednat's are not deprived of their rights to counsel
Strickland v. Washington
Justices found that a defendna'ts claim of attorney incmopetence must have 2 components: 1) the defendnat must show that the counsel's performance was defiicient and that such serious errors served to eliminate the presence of ocunsel guaranted by 6th Amendment
Klopfer v. North Carolina
The right to a speedy trial
Nolle prosequi with leave
a legal device discharging the defendant but allowing the government to prosecute him in the future.
RIchmond Newspapers Inc. v. Commonwealth of Virginia
established that criminal trials must remain public
Venire
The group called for jury duty from which jury panels are selected
Voir dire
The process in which a potential jury panel is questioned by the prosecution and the defense to selct jurors who are unbiased and objective
Challenge for Cause
Dismissal of a prospective juror by either the prosecution or the defense because he or she is biased, he or she has prior knowledge about a case, or for other reasons that demonstrate the individuals inability to render a fair and impartial judgement
Peremptory challenge
dismissal of a propsective juror by either the prosecution or the defense for unexplained, discretionary reasons
Circumstantial evidence
ALso known as indirect evidence.
Evidence that is often inferred or used indirectly to prove a fact in question
Rebuttal evidence
Evidence presetned by teh PROSECUTION at the conclusion of the defense case to rebut defense evidence