Pretrial Activities and the Criminal Trial

sequestered jury

A jury that is isolated form the public during the course of a trial and throughout the deliberation process

peremptory challege

The right to challenge a potential juror without disclosing the reason for the challenge

adversarial system

The two-sided structure under which American criminal trial courts operate

Speedy Trial Act

A 1974 federal law requiring that proceedings against a defendant in a federal criminal case begin within a specified period of time, such as 70 working days after indictment. Some states also have these requirements

bail bond

A document guaranteeing the appearance of a defendant in court as required and recording the pledge of money or property to be paid to the court if he or she does not appear, which is signed by the person to be released and anyone else acting on his or her behalf

competent to stand trial

A finding by a court that the defendant has sufficient present ability to consult with his or her attorney with a reasonable degree of rational understanding and that the defendant has a rational as well as factual understanding of the proceedings against him or her

danger law

A law intended to prevent the pretrial release of criminal defendants judged to represent a danger to others in the community

nolo contendere

A plea of "no contest." A nocontest plea is used when the defendant does not wish to contest conviction

first appearance

An appearance before a magistrate during which the legality of the defendant's arrest is initially assessed and the defendant is informed of the charges on which he or she is being held

closing argument

An oral summation of a case presented to a judge, or to a judge and jury, by the prosecution or by the defense in a criminal trial

evidence

Anything useful to a judge or jury in deciding the facts of a case

rules of evidence

Court rule that govern the admissibility of evidence at criminal hearings and trials

real evidence

Evidence that consists of physical material or traces of physical activity

circumstantial evidence

Evidence that requires interpretation or that requires a judge or jury to reach a conclusion based on what the evidence indicates

direct evidence

Evidence that, if believed, directly proves a fact

plea

In criminal proceedings, the defendant's formal answer in court to the charge contained in a complaint, information, or indictment that he or she is guilty of the offense charge, is not guilty of the offense charged, or does not contest the charge

testimony

Oral evidence offered by a sworn witness on the witness stand during a criminal trial

hearsay

Something that is not based on the personal knowledge of a witness

verdict

The decision of the jury in a jury trial or of a judicial officer in a nonjury trial

probative value

The degree to which a particular item of evidence is useful in, and relevant to, proving something important in a trial

opening statement

The initial statement of the prosecutor or the defense attorney, made in a court of law to a judge or jury, describing the facts that he or she intends to present during trial to prove the case

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

hearsay rule

The long-standing precedent that hearysay cannot be used in American courtrooms

release on recognizance (ROR)

The pretrial release of a criminal defendant on his or her written promise to appear in court as required

plea bargaining

The process of negotiating an agreement among the defendant, the prosecutor, and the court as to an appropriate plea and associated sentence in a given case

jury selection

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

conditional release

The release by executive decision of a prisoner from a federal or state correctional facility who has not served his or her full sentence and whose freedom is contingent on obeying specified rules of behavior

pretrial release

The release of an accused person from custody, for all or parts of the time before or during prosecution, upon his or her promises to appear in court when required

property bond

The setting of bail in the form of land, houses, stocks, or other tangible property

scientific jury selection

The use of correlational techniques from the social sciences to gauge the likelihood that potential jurors will vote for conviction or for acquittal