Chapter 8: Pretrial and Trial Procedures

Pretrial Procedures

Critical pretrial processes and decisions, including bail, arraignment, and plea negotiation.

bail

The monetary amount for or condition of pretrial release, normally set by a judge at the initial appearance. The purpose of bail is to ensure the return of the accused to subsequent proceedings.

Pretrial detention

Holding an offender in secure confinement before trial.

release on recognizance (ROR)

A nonmonetary condition for the pretrial release of an accused individual; an alternative to monetary bail that is granted after the court determines that the accused has ties in the community, has no prior record of default, and is likely to appear at subsequent proceedings.

Manhattan Bail Project

The innovative experiment in bail reform that introduced and successfully tested the concept of release on recognizance.

deposit bail

The monetary amount set by a judge at a hearing as a condition of pretrial release; the percentage of the total bond required to be paid by the defendant.

Bail Reform Act of 1984

Federal legislation that provides for both greater emphasis on release on recognizance for nondangerous offenders and preventive detention for those who present a menace to the community.

preventive detention

The practice of holding dangerous suspects before trial without bail.

presentation

The report of a grand jury investigation, which usually includes a recommendation of indictment.

indictment

The action by a grand jury when it finds that probable cause exists for the prosecution of an accused suspect.

no bill

The action by a grand jury when it votes not to indict an accused suspect.

preliminary hearing

A hearing that occurs in lieu of a grand jury hearing when the prosecutor charges via information. Three issues are decided: whether a crime was committed, whether the court has jurisdiction over the case, and whether there is sufficient probable cause to believe the defendant committed the alleged crime.

plea bargaining

Nonjudicial settlement of a case in which the defendant exchanges a guilty plea for some consideration, such as a reduced sentence.

diversion

A noncriminal alternative to trial, usually featuring counseling, job training, and educational opportunities.

bench trial

The trial of a criminal matter by a judge only. The accused waives any constitutional right to trial by jury.

Adjudication

The determination of guilt or innocence; a judgment concerning criminal charges. The majority of offenders charged plead guilty; of the remainder, some cases are adjudicated by a judge and a jury, some are adjudicated by a judge without a jury, and others are dismissed.

Confrontation Clause

A part of the Sixth Amendment that establishes the right of a criminal defendant to see and cross-examine all the witnesses against him or her.

Hearsay evidence

Testimony that is not firsthand but, rather, relates information told by a second party.

Compulsory Process

Compelling the production of witnesses via a subpoena.

pro se

"For oneself"; presenting one's own defense in a criminal trial; self-representation.

proof beyond a reasonable doubt

The standard of proof needed to convict in a criminal case. The evidence offered in court does not have to amount to absolute certainty, but it should leave no reasonable doubt that the defendant committed the alleged crime.

preponderance of the evidence

The level of proof in civil cases; more than half the evidence supports the allegations of one side.

venire

The group called for jury duty, from which jury panels are selected.

voir dire

The process in which a potential jury panel is questioned by the prosecution and the defense to select jurors who are unbiased and objective

challenge for cause

A request that a prospective juror be removed because he or she is biased or has prior knowledge about a case, or for other reasons that demonstrate the individual's inability to render a fair and impartial judgment in a particular case.

peremptory challenge

The dismissal of a potential juror by either the prosecution or the defense for unexplained, discretionary reasons.

direct examination

The questioning of one's own (prosecution or defense) witness during a trial.

cross-examination

The process in which the defense and the prosecution interrogate witnesses for the other side during a trial.

directed verdict:

The right of a judge to direct a jury to acquit a defendant because the state has not proved the elements of the crime or otherwise has not established guilt according to law.

jury nullification

A defense tactic that consists of suggesting that the jury acquit a defendant, despite evidence that he actually violated the law, by maintaining that the law was unjust or not applicable to the case.

appeal

A request for an appellate court to examine a lower court's decision to determine whether proper procedures were followed.

writ of habeas corpus

A judicial order requesting that a person who detains another person produce the body of the prisoner and give reasons for his or her capture and detention. Habeas corpus is a legal device used to request that a judicial body review the reasons for a person's confinement and the conditions of confinement. Habeas corpus is known as "the great writ."