Chapter 10: Pretrial Activities and the Criminal Trial

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.

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 doesn't 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 the 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 proceeding against him or her

Sequestered Jury

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

Danger Law

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

Nolo Contendere

A plea of "no consent." A no-contest plea is used when the defendant doesn't wish to contest conviction. Because the plea doesn't admit guilt, however, it can't provide the basis for later civil suits that might follow a criminal conviction

Select a foreperson, Deliberate, and Return with a Verdict

After closing arguments, the judge charges the jury to do 3 things. What are they?

First Appearance

An appearance before a magistrate during which the legality of the defendant's arrest is initially assessed and the defendant is is informed of the charges on which he or she is being held. At this stage of the criminal justice process, bail may be set or pretrial release arranged

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 the judge or jury in deciding the facts of the case. Evidence may take the form of witness testimony, written documents, videotape, magnetic media, photographs, physical objects, and so on

Unsecured Bond

Court determines bail amount, but allows the defendant to be released on "credit". Entire amount forfeited if absconds

Rules of Evidence

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

Guilty

Defendant admits to doing the crime; sentenced

Third-Party Custody

Defendant assigned to an individual or agency that promises to ensure future court appearances

Not Guilty

Defendant says they're innocent; case goes to trial

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. From the proximity of the defendant to a smoking gun, for example, they jury might conclude that he or she pulled the trigger

Direct Evidence

Evidence that, if believed, directly proves a fact. Eyewitness testimony and videotaped documentation account for the majority of all direct evidence heard in the criminal courtroom

Grand Jury

Group of 23 private citizens. Hears evidence only from prosecutors. Moves a case forward if the majority agrees on an indictment

70 days

How many days after indictment must the trial begin?

30 days

How many days does the prosecution have to seek indictment or information after arrest?

180 days

How many extended days can a trial go to if the defendant isn't available or if witnesses can't be called within time limit?

Dying Declaration

If someone hears another person say something while they're dying

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 charged, is not guilty of the offense charged, or doesn't consent the charge

Reasonable Doubt

In legal proceedings, an actual and substantial doubt arising from the evidence, from the facts or circumstances shown by the evidence, or from the lack of evidence. Also, the state of a case such that, after the comparison and consideration of all the evidence, jurors cannot say they feel an abiding conviction of the truth of the charge.

Challenge for Cause

Jury Selection: Claims that a prospective juror can't be impartial or fair. Replaces an individual. Each side has an unlimited number.

Challenge to the Array

Jury Selection: Claims that the pool from which potential jurors are to be selected is not representative of the community. Replaces everyone

Hung Jury

Jury is unable to reach a verdict. Sometimes requires a retrial or judge will tell jury to deliberate more

Testimony

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

Direct Examination

Prosecution examines. Can't use direct/leading questions.

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.

Preliminary Hearing

States that don't rely on grand juries rely on this. The give the defendant the opportunity to challenge the legal basis of his/her detention. A lower court judge summarizes the charges and reviews the rights of the criminal defendant. Defense is there

Deposit Bail

The court acts as a type of bond agent. Defendant posts percentages of full amount, including an administrative fee. Entire amount forfeited if absconds

Verdict

The decision of the jury in a jury trial or of a judicial officer in a non jury trial.

Factual Guilt

The defendant is actually responsible for the crime of which he/she is accused

Legal Guilt

The defendant is found guilty as charged, can be proved with evidence

Probative Value

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

Arraignment

The first appearance before the court with authority to try the case. Informs the suspect of charges and allows the defendant to enter a plea

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 a 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 hearsay cannot be used in American courtrooms. Rather than accepting testimony based on hearsay, the court will ask that the per- son who was the original source of the hearsay information be brought in to be questioned and cross-examined. Exceptions to the hearsay rule may occur when the person with direct knowledge is dead or is otherwise unable to testify.

Release on Recognizance

The pretrial release of a criminal defendant on his or her written promise to appear in court as required. No cash or property bond is 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. Circumvents the trial process and dramatically reduces the time required for the resolution of a criminal case

Jury Selection

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

Conditional Release

The release by executive decision of a prisoner from 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 part of the time before or during prosecution, on his or her promise to appear in court when required

Peremptory Challenge

The right to challenge a potential, juror without disclosing the reason for the challenge. Prosecutors and defense attorneys routinely use these to eliminate from juries individuals who, although they express no obvious bias, are thought to be capable of swaying the jury in an undesirable direction

Property Bond

The setting of bond in the form of land, houses, stocks, or other tangible property. In the event that the defendant absconds prior to trial , the bond becomes the property of the court

Reasonable Doubt Standard

The standard of proof necessary for conviction in criminal trials.

Adversarial System

The two-sided structure under which American criminal trial courts operate. Pits the prosecution against the defense. In theory, justice is done when the most effective adversary is able to convince the judge or jury that his or her perspective on the case is the correct one

Scientific Jury Selection

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

Civil Trial

Trial where someone sues someone else for damages

Criminal Trial

Trial where the state goes against someone

Unbiased and Free of Preconvinced Notions

Two required characteristics of a juror

Guilty, Not Guilty, or Nolo Contendere

What are the 3 types of pleas?

Trial Initiation, Jury Selection, Opening Statement, Presentation of Evidence, Closing Arguments, Judge's Charge to the Jury, Jury Deliberation, The Verdict

What are the 8 stages of a criminal trial?

Presentation of Evidence

What is the most important stage in the entire trial?

Voir Dire

What is the process of selection of jurors called?

Spontaneous Statement

When someone says something before they can make it up

Cross Examination

When the other side examines. Trying to test credibility/memory of witness. Can only ask questions about direct examination. Can use direct/leading questions

Prosecution then Defense

Who presents their evidence first? Then who's next?

Signature Bond

Written promise to appear. Used in minor offenses by arresting officer without assessment of dangerousness/likelihood of appearance