Chapter 9: Pretrial Activities, the Criminal Trial, and Sentencing

Venire:

"Jurors going to jury duty."

The __________ Amendment guarantees the right to a speedy trial as well as the right to counsel.

6th.

The __________ Amendment establishes the guarantee against "cruel and unusual punishment."

8th.

Presentence Investigation (PSI)

A detailed background information that is conducted on the defendant to assist the judge in determining what sentence should be imposed.

Determinate Sentencing:

A fixed term of incarceration.

Information:

A formal accusation submitted to the court by a prosecutor access that a specific person(s) has committed certain crime(s).

Presumptive Sentencing:

A model that combines the use of indeterminate sentencing with that of determinate sentencing.

Peremptory Challenge:

A reason why they feel a juror shouldn't serve, made by both prosecution and defense, yet the attorneys don't have to challenge for cause.

Indeterminate Sentencing:

A sentence that provides for a range of time and includes a minimum time that the person must serve before becoming eligible for parole consideration and a maximum amount of time that indicates the completion or discharge date.

Closing Arguments:

A summary of all the evidence presented in the trial.

Bail:

A way for an accused individual to be released from custody prior to trial by money, or another type of collateral.

__________ circumstances are factors that relate to the commission of a specific crime that causes its severity to be greater than that of a typical instance of the same type of offense.

Aggravating.

Release on Recognizance (ROR):

Allowing the accused to be released on their promise to refrain from criminal activity and return to court at the day and time specified.

Allen Charge:

Allows the judge to tell the jurors who are in the minority to reconsider agreeing with the majority.

Burden of Proof:

Always on the prosecution to prove beyond a reasonable doubt.

Mandatory Sentencing:

An attempt to severely reduce sentencing discretion by setting all punishments for specific crimes statutorily.

__________ is the first time the defendant is brought before the court that has the jurisdiction to actually conduct the trial.

Arraignment.

The positing of money, property, or other collateral, by an arrested person to guarantee that they will appear in court to answer the charges against them is called __________.

Bail.

Challenge for Cause:

Challenge where the attorney must state a reason why they feel a juror should not serve.

If a judge sentences two or more counts to run one after another, it is called a __________ sentence.

Consecutive.

Structured Sentencing:

Designed to reduce judicial discretion; it includes determinate sentencing, mandatory sentencing, and presumptive sentencing.

__________ sentencing is a fixed term of incarceration.

Determining.

"Truth in Sentencing" Laws:

Enacted to reduce likeliness of early incarceration.

Aggravating Circumstances:

Factors that relate to the commission of a specific crime that cause its severity to be greater than that of a typical instance of the same type of offense.

In 1972, the US Supreme Court ruled in the case of __________ __________ __________ that the death penalty was often used in an arbitrary manner and was disproportionately used on race and not on the seriousness of the crime.

Furman v. Georgia.

First Appearance:

If an arrestee, unable to bail, they must be brought before a judge or magistrate for their first appearance in court, without unnecessary delay.

Hung Jury:

If the jury cannot come to a unanimous verdict.

Sentencing Reform Act of 1984"

Its goal was to eliminate sentencing disparity through the use of guidelines that were based on both the offense and offender's characteristics.

The report that is filed with the court prior to sentencing by the probation department is called the __________ __________.

Presentence Investigation (PSI).

The burden of proof in a criminal trial is always on the __________.

Prosecution.

Georgia v. Gregg:

Re-rules the death penalty since it is fair and has a two-stage process of decision.

"Three-Strike" Laws:

Requires long-term incarceration on the 3rd felony, in some states.

Furman v. Georgia (1972):

Ruled that the death penalty was suspended due to being used ridiculously based off race.

Grand Jury:

Serves the same purpose as the preliminary hearing except it is not a trial; the evidence is heard by a jury of (usually) 23 citizens.

Concurrent Sentence:

The defendant will serve each sentence simultaneously.

Consecutive Sentence:

The defendant will serve first sentence, then only afterwards, will serve the second sentence.

Opening Statement:

The first part of the trial.

Arraignment:

The first time the defendant is brought before the court that has the jurisdiction to actually conduct the trial.

Plea Bargaining:

The negotiation between the prosecutor and defendant, usually the defendant's attorney, which results in the defendant entering a plea of guilty in exchange for a reduction of punishment and/or sentencing.

Mitigating Circumstances:

Those that favor the defendant and tend to reduce some of the blame for the crime.

Voir dire:

"Questioning of the jury duty by the law people."

Selection of the Jury:

The first order of business in a jury trial.

Preliminary Hearing:

To send the case to a grand jury, a formal court proceeding that is used to determine if there is PC (probable cause) to justify the arrest.

The __________ is the group of prospective jurors summoned by the court to report at a specified date and time.

Venire.

The questioning of prospective jurors to determine their qualifications to serve on the jury is called the __________ __________.

Voir dire.

Speedy Trial:

While the 6th Amendment of the USC (United States Constitution) states the accused in any criminal prosecution is entitled to a speedy and public trial, the court has left it up to the states to define and determine the time.