Overview of Criminal Adjudication

Vocabulary flashcards covering key terms and concepts related to criminal adjudication.

Criminal Adjudication

The legal process through which an accused person is tried and judged.

Hot Arrest

An arrest made by police in response to a crime they are currently observing.

Proactive Investigation

An investigation initiated by police based on tips or evidence of possible criminal activity.

Probable Cause

A reasonable ground for belief in the existence of facts warranting the proposed action.

Indictment

A formal charge or accusation of a serious crime.

Plea Bargaining

Negotiation in which an accused pleads guilty in exchange for a lesser charge or sentence.

Arraignment

A court proceeding in which the accused is formally charged and asked to enter a plea.

Sentencing

The judicial determination of a penalty for an offense.

Grand Jury

A jury that examines evidence and determines whether there is sufficient cause to bring an indictment.

Pro Se

Representing oneself in a legal proceeding, without a lawyer.

Attachment

The point at which the right to counsel applies to a defendant.

Critical Stage

A stage in judicial proceedings where the presence of counsel is necessary to protect the defendant's rights.

Effective Assistance of Counsel

The constitutional right to have a competent legal representative.

Strickland Test

A test to determine whether a criminal defendant's attorney's performance was ineffective.

Double Jeopardy

A constitutional protection against being tried twice for the same offense.

Bail Reform Act of 1984

Legislation governing pretrial detention and conditions for bail.

Excessive Bail

Bail set at an unreasonable amount under the 8th Amendment.

Directed Verdict

A ruling by the court that the jury must accept a certain conclusion.

Vindictive Prosecution

Prosecuting someone for a greater offense as punishment for exercising a legal right.

Collateral Review

A procedure where a defendant seeks relief from a conviction after the normal appeal process.

Habeas Corpus

A legal action that allows a person to seek relief from unlawful detention.

Discovery Obligations

Requirements for prosecutors and defendants to disclose evidence to each other.

Jencks Act

Requires the government to disclose prior witness statements after a witness testifies.

Gideon v. Wainwright

A landmark Supreme Court case establishing the right to counsel.

Miranda Rights

Rights that must be read to a suspect upon arrest, including the right to an attorney.

Right to Confront Witnesses

The right of defendants to confront their accusers in a court of law.

Victim Impact Statement

A statement made by victims about the impact of a crime during sentencing.

Pretrial Motions

Requests made to the court before trial, such as to suppress evidence.

Jury Selection

The process of choosing jurors for a trial.

Voir Dire

A preliminary examination of prospective jurors.

Batson Challenge

A challenge to the use of peremptory strikes based on race.

Standard of Proof

The level of certainty required in a case, such as 'beyond a reasonable doubt' in criminal cases.

Prosecutorial Discretion

The authority of an attorney to decide whether to bring charges in a case.

Prejudice

In legal terms, harm or injury that results from a legal decision or action.

Plea Agreement

A contract between the defendant and prosecutor where the defendant pleads guilty under certain conditions.

Constitutional Rights

Rights in the Constitution that protect individuals from governmental power.

Judicial Review

The power of courts to assess whether a law is in compliance with the Constitution.

Pretextual Stop

A traffic stop or arrest made under false pretenses to investigate something unrelated.

Discovery Process

The legal process by which parties investigate the facts of a case before trial.

Penalty Phase

The part of a trial where the appropriate punishment for a convicted defendant is determined.

Bail Hearing

A court proceeding to decide whether a defendant will be released on bail.

Expert Witness

A person with specialized knowledge who testifies in court.

Heinous Crime

A crime that is especially shocking or cruel.

Restitution

Compensation paid by a convicted person to the victims of their crime.

Witness Testimony

Evidence given by a person under oath in a legal proceeding.

Mitigating Factors

Circumstances that may lessen the severity of a sentence.

General Purpose of the Law

To maintain order and justice in society.

Public Defender

An attorney employed by the government to represent defendants who cannot afford legal representation.

Probation

A court-imposed sanction where the offender remains in the community under supervision instead of serving time in prison.

Self-Representation

The right of a defendant to represent themselves without an attorney.

Innocent until Proven Guilty

The principle that one is considered innocent unless proven guilty through a legal process.

Judicial Discretion

The power of judges to make decisions based on their own judgment.

Public Trial

The right to have court proceedings open to the public.

Restorative Justice

A justice process that focuses on the needs of the victims and the community.

Accountability Court

Specialized courts focusing on rehabilitation and community-based alternatives to incarceration.

Aggravating Circumstances

Factors that may increase the severity of a sentence.

Joint Trials

Trials in which multiple defendants are tried together.

Recusal

The withdrawal of a judge or prosecutor from a case due to a conflict of interest.

Testimonial Evidence

Evidence that is presented in the form of witness statements.

Subpoena

A legal order requiring someone to appear in court or produce evidence.

Severance

The separation of charges or defendants into different trials.

Breach of Contract

Failure to fulfill the terms of an agreement.

Clemency

An act of leniency granted by a governor or president.

Constitutional Guarantee

A promise provided in the Constitution for certain rights or privileges.

Deterrence

The idea that the punishment of criminals will discourage others from committing crimes.

Exculpatory Evidence

Evidence that may exonerate a defendant.

Judgment

The final decision in a legal case.

Legal Precedent

A judicial decision that serves as an example or rule for future cases.

Negotiation

A discussion aimed at reaching an agreement.

Oral Argument

A spoken presentation to a judge or appellate court by a lawyer.

Prosecutorial Misconduct

Improper or illegal actions taken by a prosecutor.

Restorative Justice Programs

Programs aimed at repairing the harm caused by crime.

Statutory Law

Laws enacted by a legislative body.

Victim Advocacy

Support and representation for victims of crime.

Waiver

The voluntary relinquishment of a known right.

Zoning Law

Laws that regulate land use and building practices.