Chapter 6

Question 1

The proceeding where a defendant is brought before a judge to hear the charges and to enter a plea (e.g., guilty or not guilty).

Answer 1

Arraignment

Question 2

Negotiations between a prosecutor and a criminal defendant’s lawyer attempting to resolve a criminal case without trial.

Answer 2

Plea Bargaining

Question 3

A private meeting at the judge’s bench between the judge, the lawyers for both sides of the case, and sometimes the parties. It is often called to discuss something out of the jury’s hearing.

Answer 3

Bench Conference

Question 4

(Latin) “I will not contest it.” A defendant’s plea of “no con-test” in a criminal case. It means that he or she does not directly admit guilt, but submits to sentencing or other punishment.

Answer 4

Nolo Contendere

Question 5

The formal and informal exchange of information between sides in a lawsuit.

Answer 5

Criminal Discovery

Question 6

Sworn testimony outside of court.

Answer 6

Depositions

Question 7

The principle that a lawyer need not show the other side in a case any facts or items gathered for the case unless the other side can convince the judge that it would be unjust for the items to remain hidden and there is a special need for them.

Answer 7

Work Product

Question 8

reduces discretionary decisions in determining what evidence is “material” (meaning that it will affect the outcome of trial) and “exculpatory” (meaning that it will tend to negate guilt or mitigate a sentence) and should thus be disclosed to the defense.

Answer 8

Open File Policy

Question 9

: Information known to the prosecutor that is favorable to a criminal defendant’s case. Brady material must be disclosed to the defense.

Answer 9

Brady Material

Question 10

(Latin) “In chambers”; in a judge’s private office.

Answer 10

In Camera

Question 11

Refers to providing an excuse or justification; showing that someone has not committed a crime or a wrongful act.

Answer 11

Exculpatory

Question 12

a motion filed by a criminal defense attorney when he or she has reason to believe that evidence was illegally obtained through an unlawful search or seizure. The goal is to have the judge throw out evidence that the State plans to use against you.

Answer 12

Motion To Suppress

Question 13

(Latin) “At the beginning”; preliminary. A motion in limine is a request that prejudicial information is excluded as trial evidence.

Answer 13

Motion In Limine

Question 14

The judge’s affirmative or negative answer to the motion as to whether or not they will allow it.

Answer 14

Grant or Deny Motion

Question 15

reserve judgment while considering something.

Answer 15

Take Under Advisement