Chapter 8: The Prosecution Defense, and Pretrial Activities Flashcards Preview

Intro to Criminal Justice > Chapter 8: The Prosecution Defense, and Pretrial Activities > Flashcards

Flashcards in Chapter 8: The Prosecution Defense, and Pretrial Activities Deck (30)
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1
Q

Advocacy Model

A

A model in which the defendant and the govt. is represented by advocates who act on behalf of their clients.

2
Q

Adversarial System

A

A system used in the United States in which prosecutors and defendants compete against each other to reveal the truth.

3
Q

Prosecutor

A

An attorney who represents the govt. Or the “people” and is responsible for presenting the state’s case in criminal, civil and administrative matters.

4
Q

U.S. Attorney General

A

Chief law enforcement officer in the govt. And head of the Department of justice

5
Q

U.S. Attorney

A

Appointed by the president and supervised by the US attorney general in the Department of justice, a U.S. attorney is responsible for trying cases at the federal court level.

6
Q

Exculpatory Evidence

A

Evidence that may be favorable to a defendant in a criminal trial, often clearing some or all guilt during criminal proceeding.

7
Q

Discovery

A

The process through which the defense learners about evidence held by the prosecution. This may include reports and witness statements.

8
Q

Defense Attorney

A

A lawyer who advocates for his or her client and protects the client’s constitutional rights.

9
Q

Pro Bono

A

Legal representation that is provided at no charge or a reduced fee.

10
Q

Complaint

A

The document that initiates legal proceedings by demonstrating facts and legal reasons the plaintiff believes the defendant owes remedy or has committed a crime.

11
Q

Petit Juries

A

Juries that determine guilt or innocence by following the course of a criminal trial. Both prosecution and defense present to a petit jury in trial.

12
Q

Bail Reform Act of 1966

A

This federal law provides a noncapital defendant with the rights to be release on bond or on the personal recognizance unless the defendant is a flight risk.

13
Q

Recognizance

A

A suspect, without posting bail money, agrees to show up for the court based on his on her word alone.

14
Q

Preliminary Hearing

A

This is typically held in criminal cases to determine the extent of evidence and whether enough exists to allow charges to be pressed against the defendant.

15
Q

Arraignment

A

A formal reading of charges in a court of appropriate jurisdiction in front of the defendant.

16
Q

Plea Bargain

A

When the prosecutor may offer a lesser charge or reduce the number of charges. The defendant

17
Q

Motion to Suppress

A

A motion requesting that the court disallow illegally obtained evidence at trial

18
Q

Motion in limine

A

A motion requesting that the judge rule on whether particular evidence can be used at trial.

19
Q

Motion for a Change of Venue

A

A pretrial motion requesting a geographical change of the trial.

20
Q

Motion of Discovery

A

The rules of procedures establish a mandate for the prosecution to give the defense certain evidence.

21
Q

Motion for Recusal

A

A motion for the recusal of a trial judge or prosecutor

22
Q

Motion for Expenses of Experts

A

Defense can request that the state pay expenses related to psychological evaluations or other types of expert testimony.

23
Q

Trial Management Order

A

A full schedule created by the court and the court participants that designates what happens and when as the parties work toward the trial date.

24
Q

Venire

A

A list of potential jurors from which the jury is selected

25
Q

Challenge to the Array

A

An argument that the venire should be discharged because of a deficiency or an illegality in the way it was selected.

26
Q

Voir Dire

A

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

27
Q

Challenges for Cause

A

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.

28
Q

Strike for Cause

A

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 Challenge for cause.

29
Q

Peremptory Challenge

A

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

30
Q

Civil Rights Act of 1875

A

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