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30 Cards in this Set

  • Front
  • Back

Pretrial procedures

-Critical pretrial processes and decisions, including bail, arraignment, and plea negotiation

Bail

-The monetary amount for or condition of pretrial release, normally set by a judge at the initial appearance


-The purpose id to ensure the return of the accused at subsequent proceedings



Pretrial detention

Holding an offender in secure confinement before trial

Release on recognizance (ROR)

-A non-monetary condition for the pretrial release of an accused individual; an alternative to monetary bail that is granted after the court determines that the accused has ties in the community, has no prior record of default, and is likely to appear at subsequent proceedings

Manhattan Bail Project

-The innovative experiment in bail reform that introduced and successfully tested the concept of release on recognizance

Deposit bail

-The monetary amount set by a judge at a hearing as a condition of pretrial release; the percentage of the total bond required to be paid by the defendant

Bail Reform Act of 1984

-Federal legislation that provides for both greater emphasis on release on recognizance for non-dangerous offenders and preventive detention for those who present a menace to the community

Preventive detention

-The practice of holding dangerous suspects before trial without bail

Presentment

-The report of a grand jury investigation, which usually includes a recommendation of indictment

Indictment

-The action by a grand jury when it finds that probable cause exists for prosecution of an accused suspect

No bill

-The action by a grand jury when it votes not to indict an accused suspect

Information

-A written accusation submitted to the court by a prosecutor, alleging that a particular individual committed the offense in question

Preliminary hearing

-A hearing that occurs in lieu of a grand jury hearing, when the prosecutor charges via information. Three issues are decided: whether a crime was committed, whether that court has jurisdiction over the case, and whether there is sufficient probable cause to believe the defendant committed the alleged crime

Diversion

-A noncriminal alternative to trial, usually featuring counseling, job training, and educational opportunities

Bench trial

-The trial of a criminal matter by a judge only. The accused waives any constitutional right to trial by jury

Plea bargaining

-Nonjudicial settlement of a case in which the defendant exchanges a guilty plea for some consideration, such as a reduced sentence

Adjudication

-The determination of guilt or innocence; a judgement concerning criminal charges. The majority of offenders charged plead guilty; of the remainder, some cases are adjudicated by a judge and a jury, some are adjudicated by a judge without a jury, and others are dismissed

Confrontation clause

-A part of the 6th amendment that establishes the right of a criminal defendant to see and cross-examine all the witnesses against him or her

Hearsay evidence

-Testimony that is not firsthand but, rather, relates information told by a second party

Compulsory process

-Compelling the production of witnesses via a subpoena

pro se

-"For oneself"; presenting one's own defense in a criminal trial; self-representation

Proof beyond a reasonable doubt

-The standard of proof needed to convict in a criminal case. The evidence offered in court does not have to amount to absolute certainty, but it should leave no reasonable doubt that the defendant committed the alleged crime

Preponderance of the evidence

-The level of proof in civil cases; more than half the evidence supports the allegations of one side

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 in order to select jurors who are unbiased and objective

Challenge for cause

-A request that a prospective juror be removed because he or she is biased or has prior knowledge about a case, or for other reasons that demonstrate the individual's inability to render a fair and impartial judgement in a particular case

Peremptory challenge

-The dismissal of a potential juror by either the prosecution or the defense for unexplained, discretionary reasons

Direct examination

-The questioning of one's own (prosecution or defense) witness during a trial

Cross-examination

-The process in which the defense and the prosecution interrogate witnesses for the other side during a trial

Directed verdict

-The right of a judge to direct a jury to acquit a defendant because the state has not proved the elements of the crime or otherwise has not established guilt according to law