Chapter 1.3

real evidence

"any tangible item that can be perceived with the five senses"

presumption of innocence

a bedrock presumption in the American criminal justice system the notion that the accused is not guilty until proven as such in a criminal trial

affirmative defense

a criminal law defense that goes beyond simply denying that a crime took place or that the defendant committed it

hung jury

a deadlocked jury, one that cannot reach a verdict

presumption

a fact assumed to be true under the law

directed verdict

a judge's order that one side or the other wins without the need to move on to fact-finding ( in which the defense would introduce evidence, call witnesses, and so on)

burden of production

one party's (the prosecutor's in a criminal case) obligation to present sufficient evidence to have the issue decided by a fact-finder. It is a question of law

trier of law

one who is tasked with resolving any legal matter that comes before a court, most often a judge.

mistrial

an end to the trial, such as when the jury becomes hopelessly deadlocked that instructs them to reexamine their opinions in an effort to reach a verdict

circumstantial evidence

evidence that indirectly proves a fact

material evidence

evidence that is "relevant and goes to substantial matters in dispute, or has legitimate influence on the decision of the case"

direct evidence

evidence that proves a fact without the need for the juror to infer anything from it

demonstrative evidence

evidence that seeks to demonstrate a certain point

testimonial evidence

most often consists of verbal statements given by someone who is under oath

burden of prosecution

in a criminal case, the requirement that the prosecution persuade the jury that the defendant committed the crime

jury nullification

jurors' practice of either ignoring or misapplying the law in a certain situation

trier of fact

someone who listens to the evidence and renders a decision, a judge in a bench trial or a jury member in a jury trial.

adversarial justice system

system of justice that pits two parties against each other in pursuit of the truth

peremptory challenge

the opportunity for a prosecutor or defense attorney to excuse a prospective juror for any reason. Challenges are limited, and race cannot be used as a basis for exercising challenges

challenge for cause

the opportunity for a prosecutor or defense attorney to excuse a prospective juror for cause. unlimited

jury villification

the opposite of a jury nullification

inquisitorial system

the opposite of the adversarial system. The accused does not enjoy the same protections and decision - making authority is placed in the hands of one or very few individuals

voir dire

the process of examining potential jurors for bias

burden of proof

the requirement that a particular party convince the jury with regard to a particular issue. In the criminal law context, it falls on the prosecutor to establish the defendants guilt

preponderance of evidence

the standard of proof in a civil case, equivalent to "more certain than not"

proof beyond reasonable doubt

the standard of proof necessary in a criminal case, roughly akin to 95% certainty

opening statements

the statements made by both the prosecutor and defense attorney at the outset of a criminal trial wherein each side lays out for the jury, in overview form, what they will prove throughout the trial