Chapter 9

Adjudicated

A formal judgment about a disputed matter.

Bench Trial

A trial in which a judge (or a panel of judges) acts as the fact finder, weighs the evidence, deliberates, and renders a verdict.

Jury Trial

Trial in which the jury acts as the fact finder, weighs the evidence, deliberates, and renders a verdict.

Criminal Trials

Trials to ascertain the guilt or lack of guilt of a defendant charged with committing a crime.

Federal Sentencing Guidelines Act

A 1984 law that eliminated federal parole release for federal prisoners and abolished almost all good time earned by a prisoner.

Victim Bill of Rights

Adopted in many states, it offers rights to crime victims in that state.

Legal Guilt

Established when a prosecutor is able to persuade a judge or jury that the defendant is guilty of the criminal charges.

Federal Rules of Evidence

Federal rules guiding what is evidence and what can be introduced in trial.

Reading of the Verdict

Following jury deliberation, a formal event in the courtroom in which the jury offers their verdict on the charge(s).

Deliberation

Process of deciding the guilt or lack of guilt of the defendant.

Violent Crime Control and Law Enforcement Act

A 1994 law that requires prisoners to serve at least 85% of their sentences in order for states to qualify for federal financial aid.

Crime Victims' Rights Act

A 2004 law that established numerous rights for crime victims in federal cases.

Hearsay Rule

A basic rule that disallows testimony from a person about which he or she has no personal knowledge.

Parole Board

A board that reviews the prior acts and behavior of an inmate to determine when the prisoner is to be released from prison.

Challenge for Cause

A challenge during voir dire in which the defense counsel, the prosecutor, or the judge identifies a potential juror he or she believes cannot be unbiased, fair, or impartial. Also known as strike for cause.

Mistrial

A courtroom trial that ends prior to its normal conclusion.

Bifurcated Trials

A double system used for capital cases. Trial one is the guilt trial, while trial two determines punishment.

Mandatory Minimum

A form of structured sentencing that applies statute-based minimum sanctions to particular types of crime and/or when particular elements of crime exist.

Deadlocked

A hung jury that is unable to reach an agreement regarding the guilt of a defendant. Also known as a hung jury.

Venire

A list of potential jurors from which the jury is selected.

Death Qualified

A part of void dire in capital cases in which attorneys ascertain whether the prospective juror is suitable to sit on a case that may result in the death penalty.

Equity

A sentencing concept that emphasizes that similar crimes be punished in similar ways with similar severity.

Proportionality

A sentencing concept that indicates that the severity of sentencing should correspond to the severity of the crime committed.

Social Debt

A sentencing concept that takes into account an offender's criminal past.

Perjury

A spoken or written intentional swearing of a false oath or misrepresenting of an agreement to be truthful.

Victim Impact Statement

A statement prepared by the victim or his or her family to inform the judge how the crime affected them physically, financially, emotionally, and psychologically.

Three-Strikes Law

A type of mandatory minimum that mandates long (including life) prison terms for a third offense.

Sentencing Guidelines

A type of structured sentencing based on criminal history and severity of the crime, usually presented in a grid format that dictates the sentence served.

Determinate Sentencing

A type of structured sentencing that is established by legislative statute and rules out the possibility of alternatives to prison. Prisoners are given fixed sentences.

Jury Nullification

Ability of a jury to ignore the law and acquit a guilty defendant.

Allen Charge

Additional instructions a judge may give to a deliberating jury to discourage a mistrial.

Challenge to the Array

An argument that the venire should be discharged due to a deficiency or illegality in the way it was selected.

Peremptory Challenge

An attorney may remove a prospective juror from the venire without giving a legal reason.

Excited Utterance

An exception to the hearsay rule - a statement made by a person during a shocking or upsetting event. Words blurted out during the stress of excitement may be entered into court.

Dying Declaration

An exception to the hearsay rule that allows the dying words of a witness to a crime to be used in court.

Reputation Concerning Character

An exception to the hearsay rule that allows witnesses to testify under oath about the reputation of a person's friends and acquaintances.

Pre-Sentencing Investigation

An investigation that gathers information on extenuating circumstances and the criminal history of the defendant to be used when determine the severity of the sentence.

Circumstantial Evidence

Evidence that requires the fact finder body to interpret it and draw conclusions about its meaning.

Acquitted

Freeing someone from a criminal charge following a not guilty verdict.

Rebuttal

In some criminal trials, the prosecutors have the last opportunity to speak during closing arguments. Other forms of rebuttal may include evidence or argument.

Pattern Jury Instructions

Language template to be used when charging the jury.

Civil Rights Act of 1875

One in a series of post-Civil War legislative acts, it prohibited the exclusion of African Americans from jury duty, among other things.

Voir Dire

Process in which prospective jurors are questioned in court under oath to attempt to uncover inappropriate jurors.

Factual Guilt

Refers to whether the defendant committed the crime in reality.

Restoration

Sentencing goal that addresses the harm done to victims, family and friends of victims, and the community.

Deterrence

Sentencing goal that seeks to dissuade the offender and others in the public from committing a crime.

Direct Evidence

Something introduced in a trial that does not require an inference to be drawn by the fact finder body.

Indeterminate Sentencing

System of sentencing that allowed greater judicial discretion.

Sequestered

The isolation of the jury.

Beyond a Reasonable Doubt

The level of proof required for a criminal case conviction. Refers to a reasonable person having no reasonable doubt that the defendant is guilty as charged.

Civil Trials

Trials used to settle disputes between two parties that do not involve criminal misconduct.

Traffic Hearings

Used to deal with traffic offenses.