CRM JST 275 1st EditionFinal Exam Study GuideDefinitions:Ch. 10 - Pretrial ProceduresAd hoc plea bargaining: term used to refer to unusual concessions defendants agree to make during the plea negotiation processAffidavit: a document stating the facts relied upon to create probable causeAlford plea: a plea in which the defendant enters a guilty plea but denies having committed the crime to which he or she is pleadingArraignment: the stage in the pretrial process when the defendant enters a pleaArrest: occurs when a reasonable person would conclude that the police in some way had restrained his or her liberty so that the person was not free to moveBooking: an administrative procedure involving the entry into the police blotter of the suspect’s name, arrest time, offense charged, and the taking offingerprints and photographsChallenge for cause: during the jury selection process, the method used by the prosecutor or the defense attorney to remove impartial prospective jurors from the jury pool. Jurors can be removed, for example, if there is evidence that they are biased against one side or the other or if they have made up their minds about the defendant’s guilt or innocence prior to hearing the evidence in the caseChange of venue: a request by the defendant to have his or her trial take place in a different locationCharge reduction: a type of plea bargaining in which the prosecutor reduces the severity of the charge or the number of counts the defendant is facing in exchange for a guilty pleaComplaint: the criminal process may begin with the filling of a complaint. It may be filled out by a police officer, a prosecutor, or a private citizen. If an arrest is made first, a complaint will be sworn out afterwards, usually by the arresting officer. The complaint serves as the charging document for the preliminary hearing.Defendant rehabilitation policy: a charging policy based on the notion that the majority of defendants-particularly first-time offenders accused of nonviolent crimes-should not be processed through the criminal justice system; the focus of this policy is on early diversion of defendants and the use of noncriminal justice alternativesDownstream orientation: the notion that prosecutors’ charging decisions in criminal cases reflect their predictions about the likelihood of conviction as the case moves toward trial. Prosecutors attempt to predict how the judge and jury will evaluate the defendant, the victim, and the crimeExculpatory evidence: evidence that tends to suggest the defendant is innocentGrand jury: a group of citizens, selected in a fashion similar to a trial jury, who listen to the case presented by a prosecutor and determine whether there is sufficient evidence to bind the defendant over for trial. The purpose of the grand jury is to ensure the government does not prosecute individuals without some proof of guilt. Thus, the grand jury is meant to serve as a check on the power of the government, serving as a barrier standing between the individual citizen and the governmentIndictment: a document formally charging the defendant with a crime handed down by a grand jury after hearing the evidence presented by the prosecutor. The requirement of an indictment before criminal prosecution is one of a handful of provisions of the Bill of Rights, which has not been incorporated into the 14th Amendment and applied to the statesInitial appearance: the first court appearance. Once a person is arrested, he or she must be brought before a magistrate “without unnecessary delay.” It is here that bail is setJudge: a referee, responsible for enforcing court rules, instructing the jury on the law, ruling on the admissibility of evidence, and determining the lawLegal sufficiency policy: a charging policy under which prosecutors file charges in all cases in which the legal elements of the crime are present. Because prosecutors operating under this policy do not necessarily “screen out” cases where evidence is weak, there is both a high proportion of cases that are accepted for prosecution and a large percentage of cases that are dismissed at preliminary hearings and trialsNo bill: a document reflecting the decision by the grand jury not to vote for an indictmentNolo contender plea: a plea in which the defendant accepts whatever punishment the court would impose on a guilty defendant but refuses to admit liability. This plea is frequently used by defendants who fear being exposed to civil liability for their criminal misdeeds. Also known as a “no contest” pleaPeremptory challenge: during the jury selection process, the prosecutor and the defense attorney each have a limited number of peremptory challenges, which they can use to excuse prospective jurors from the jury pool without giving reasons for removing themPreliminary examination: the stage in the pretrial process where the judge determines if there is probable cause to believe that an offense was committed and that it was defendant who committed it. If probable cause is established, the defendant is “bound over” for trial. The preliminary examination is a formal adversarial proceeding, conducted in open courtProbable cause: legal concept referring to the amount of proof a police officermust have to search or arrest someoneProsecutor: attorney responsible for prosecuting cases on behalf of the statePublic defender: hired by the state to work for defendants who cannot afford to hire their own lawyerSentence agreement: agreement for sentencing leniency negotiated during the plea bargaining process. The prosecutor might agree to recommend a particular sentence, recommend that sentences be served concurrently rather than consecutively, or agree to recommend that the sentence not exceed some threshold (a “sentence lid”)Slow plea of guilty: a hybrid approach to case adjudication, with elements of both plea bargaining and trial. To receive concessions from the prosecutor, the defendant waives the right to a jury trial, and the case is adjudicated by a judge at a bench trialSubstantial assistance departure: a type of downward departure authorized by the federal sentencing guidelines. The judge can impose a more lenient sentence than required by the guidelines if the defendant provides information that leads to the arrest and prosecution of another offenderSystem efficiency policy: a charging policy that emphasizes case screening as a way of decreasing office workload. This policy results in high levels of