Chapter 8 Vocab Notes Vocab plea negotiation 1 Pretrial Procedures Critical pretrial processes and decisions including bail arraignment and 2 Bail The monetary amount for or condition of pretrial release normally set by a judge at the initial appearance The purpose of bail is to ensure the return of the accused at subsequent proceedings 3 Pretrial Detention Holding an offender in secure confinement before trial 4 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 5 Manhattan Bail Project The innovative experiment in bail reform that introduced and successfully 6 Deposit Bail The monetary amount set by a judge at a hearing as a condition of a pretrial release the percentage of the total bond required to be paid by the defendant 7 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 8 Preventive Detention The practice of holding dangerous suspects before trial without bail 9 Presentment The report of a grand jury investigation which usually includes a recommendation 10 Indictment The action by a grand jury when it finds that probable cause exists for prosecution 11 No Bill The action by a grand jury when it votes not to indict an accused suspect 12 Information Charging document filed by the prosecution that forms the basis of the preliminary of indictment of an accused suspect hearing 13 Preliminary Hearing A hearing that occurs in lieu of a grand jury hearing when the prosecutor charges via information Three issues are decided 1 Whether a crime was committed 2 Whether the court has jurisdiction over the case and 3 Whether there is sufficient probable cause to believe the defendant committed the alleged crime 14 Plea Bargaining Non judicial settlement of a case in which the defendant exchanges a guilty plea for some consideration such as a reduced sentence 15 Diversion A non criminal alternative to trial usually featuring counseling job training and 16 Bench Trial The trial of a criminal matter by a judge only The accused waives any constitutional educational opportunities right to trial by jury 17 Adjudication The determination of guilt or innocence a judgment 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 and a jury some are adjudicated by a judge without a jury and other are dismissed 18 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 19 Hearsay Evidence Testimony that is not firsthand but rather relates information told by a second party 20 Compulsory Process Compelling the production of witnesses via a subpoena 21 Subpoena An order requiring a witness to appear in court at a specified time and place 22 Pro Se For oneself presenting one s own defense in a criminal trial self representation 23 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 24 Preponderance of the Evidence The level of proof in civil cases more than half the evidence supports the allegations of one side 25 Venire The group called for jury duty from which jury panels are selected 26 Voir Dire The process in which a potential jury panel is questioned by the prosecution and the defense to select jurors who are unbiased and objective 27 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 judgment in a particular case 28 Peremptory Challenge The dismissal of a potential juror by either the prosecution or the defense for unexplained discretionary reasons 29 Direct Examination The questioning of one s own prosecution or defense witness during a 30 Cross Examination The process in which the defense and the prosecution interrogate witnesses trial for the other side of the trial 31 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 32 Jury Nullification A defense tactic that consists of suggesting that the jury acquit a defendant despite evidence that he actually violated the law by maintaining that the law was unjust or not applicable to the case 33 Appeal A request for an appellate court to examine a lower courts decision to determine whether proper procedures were followed 34 Writ of Habeas Corpus You may have the body Seeks to determine the validity of a detention by asking the court to release the person or give legal reasons for the incarceration PowerPoint Notes Pretrial happens between the arrest and trial most cases are resolved during the pretrial period Pretrial Activities 1 First Appearance occurs when defendants are brought before a judge a Defendants are given formal notice of the charges against them b Defendants are advised of their rights c Defendants are given the opportunity to retain a lawyer or to have one appointed to d Defendants perhaps be afforded the opportunity for bail 2 Pretrial Release Release of a person from custody with her promise to appear in court when represent them required 3 The Grand Jury Private citizens 23 of them who hear evidence presented by the prosecution and votes on the incident a The indictment is a formal listing of proposed charges Charging the Defendant Two distinct processes for formally charging a defendant 1 Indictment and Grand Jury a 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 i No Bill The action by a grand jury when it votes not to indict an accused suspect 2 Information and Preliminary Hearing a Preliminary Hearing A hearing that
View Full Document
Unlocking...