Ch. 10 Intro to criminal Justice

rules of evidence

Rules governing the admissibility of evidence in trial courts.

probative value

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

hearsay rule

The long standing rule that hearsay cannot be used in American courtrooms.

opening statement

The opening statements are provided by both attorneys to give an overview of what they plan to present during the trial

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.

jury selection

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

pretrial release

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

peremptory challenge

The right to challenge a juror without assigning a reason for the challenge.

property bond

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

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

reasonable doubt

This refers to the degree of certainty required for a juror to legally find a criminal defendant guilty.

Speedy trial Act

A 1974 federal law requiring that proceedings against a defendant in a 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 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, when the defendant's sanity at the time of trial is at issue, 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.

sequestered jury

A jury that is isolated form 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 others in the community.

conditional release

A release from custody which imposes regulations on the activities and associations of the defendant. If a defendant fails to meet the conditions, the release is revoked.

adversarial system

A system of justice in which advocates for opposing parties each do their best to present evidence and arguments to the benefit of their respective clients; presiding judges are neutral and passive. See Inquisitorial system.

closing argument

An argument made after the plaintiff and defendant have rested their cases. Closing arguments are made prior to the jury charges.

first appearance

Within hours of arrest, suspects must be brought before a magistrate (a judicial officer) for a first, or initial, appearance.

plea bargaining

(criminal law) a negotiation in which the defendant agrees to enter a plea of guilty to a lesser charge and the prosecutor agrees to drop a more serious charge

nolo contendence

a plea of no contest. a defendandt does not wish to contest conviction.

circumstantial evidence

evidence providing only a basis for inference about the fact in dispute. evidence that requires interpretation.

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. witnesses who testify about something they have heard.

plea

the defendandts formal answer in court to the charge contained in a complaint, information, or indictment that he or she is guilty of the offense, is not guilty of the offense, or does not contest the charge.

reasonable doubt standard

the standard of proof necessary for a conviction in criminal trials; the highest possible standard

evidence

Consists of a collected body of data from observations and experiments. Anything useful to a judge or a jury in deciding the facts of a case.

direct evidence

Evidence that establishes the existence of a fact that is in question without relying on inference.

real evidence

Evidence that is brought into court and seen by the jury, as opposed to evidence that is described for a jury.

perjury

False testimony under oath