Intro to Criminal Justice Chapter 10

Stages of a criminal trial

1) Trial initiation 2) Jury Selection 3) Opening Statements 4) Presentation of evidence 5) Closing arguments 6) Judges charges to the jury 7)Jury deliberations 8) Verdict

3 types of jury challenges

1) challenges to the array 2) challenges for cause 3)Peremptory challenges

48, 72

1st appearance must be held within ________ hours of a warrantless arrest and_________ hours of arrest with a warrant

Preliminary hearing

A hearing held to determine whether there is probable cause to hold the defendant for trial; primary purpose is to give the defendant an opportunity to challenge the legal basis for their detention

Reasonable doubt

An actual substantial doubt arising from the evidence, from the facts or circumstances shown by the evidence or lack thereof

1st Appearance hearing

An appearance before a magistrate where the legality of the defendants arrest is initially assessed and the defendant is informed of the charges against them, their rights, and bail may be set for them

Challenges to the array

Belief that the pool is not representative or biased in some significant way

Grand Jury

Comprised of private citizens (usually 23) who hear evidence presented by the prosecution

Speedy Trial

Constitution contains a speedy trial provision in its 6th amendment

Types of evidence

Direct evidence, circumstantial evidence, real evidence

had, defendant

During 1st appearance hearing judge decides if there is reason to believe 1) that a crime_________ been committed or was being committed 2) that the ___________ was the person that committed

Real evidence

Evidence that consists of physical material or traces of physical activity ex: tire tracks or weapons

Speedy Trial Act

Federal law requiring that proceedings against a defendant in a within a specified time

Pretrial Activities

First Appearance, Grand Jury or Preliminary hearing, Arraignment and the plea, Plea bargaining

Arraignment and plea

Generally a brief process with two purposes 1) to once again inform the defendant of the specific charges against them 2) to allow the defendants to enter a plea

Purposes of bail

Helps ensure reappearance of accused, prevents unnecessary imprisonment of unconvicted individuals

Burden of proof

In a criminal trial the prosecution must prove the defendants guilt beyond a reasonable doubt

True Bill

Indictment forwarded to trial court

Circumstantial evidence

Indirect evidence that requires interpretation or requires judge or jury to reach conclusion ex: proximity to a smoking gun

Challenges for cause

Make the claim that an individual juror cannot be fair or impartial

Testimony

Oral evidence presented by witnesses, including victims, police officers, the defendant, and specialists. Must be sworn in under oath

Bail bonds

Pledge to return, may be cash, property or other valuables

Plea Bargaining

Process of negotiating an agreement among the defendant, the prosecutor, and the court as to an appropriate plea and sentence while avoiding the trial process

Federal Rules of Evidence

Provide requirements for criminal trials at the federal level

Criminal Trial

Purpose is the determination of the defendants guilt or innocence and the trial built around an adversarial system

Peremptory challenges

Right to challenge a particulor juror without disclosing the reason. Both sides are allowed a certain number of these challenges

Hearsay

Something that is not based on the personal knowledge of a witness. Witnesses who testify about something they have heard, for example, are offering hearsay by repeating information about a matter of which they have no direct knowledge

Direct examination

Takes place when a witness is first called to the stand. Questions must be relative to the matter at hand

Perjury

The intentional making of a false statement as part of the testimony by a sworn witness in a judicial proceeding on a matter relevant to the case at hand

Jury Selection

The process whereby, according to law and precedent, members of a trial jury are chosen

Cross examination

The questioning of a witness by someone other than the direct examiner

guilty, not guilty, nolo contendre

The three types of pleas

Race

__________ alone cannot provide a basis for jury selection and juries may not be intentionally selected for racial balance

Rules of evidence

court rules that govern the admissibility of evidence at the criminal hearings and trials

Plea

defendants formal answer in court to the charge

Direct Evidence

evidence that, if believed, directly proves a fact ex: a photo or video