Pretrial and Courtroom Procedures Key Terms

Adjudication hearing

The trial phase.  Also known as the trial.

Aggravating circumstances

Circumstances presented at the sentencing hearing that have the potential to increase the punishment a person receives for the crime.

Arraignment

Pretrial proceedings.  The hearing before a court having jurisdiction in a criminal case.  Identity of the defendant is established. Defendant is informed of the charge and advised of his/her rights.

Bail

  A financial deposit made with a bondsman to ensure that the defendant will appear in court if released during pretrial phase.

Indictment

A formal document issued by a grand jury, that charges an individual with a crime.

Information

A formal document issued by a judge in a preliminary hearing, that charges an individual with a crime.

Mitigating Circumstances

Circumstances presented at the sentencing hearing that have the potential to decrease the punishment a person receives for the crime.

Motion

An application to the court for a ruling.

Motion to Dismiss

  An application to the court to “throw out” the evidence that does not meet the standard.

Motion to Suppress

  A petition to the court to “throw out” evidence that is damaging to the case.

Objection –

Means the defense disagrees with the prosecution or vice versa.

Plea bargain

1.    A deal made between the prosecutor and the defense that allows the accused to receive “concessions” for a plea of guilt.

Pretrial Release

– A decision to release the defendant is made by the judge and is based on two factors: the rights of the accused and his or her threat to society.

Voir Dire

To “say the truth”.  The process of jury selection.