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