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