The Court System

Epistemological Function of the Trial

Determines the guilt or innocence of a defendant.

Symbolic Function of the Trial

Demonstrates the legitimacy of the courts and state power.

Adversarial Process

A system where two sides present their case to find truth.

Burden of Proof

The obligation to prove one's assertion, typically held by the prosecution.

Brady Rule

Requires the prosecution to disclose exculpatory evidence to the defendant.

5th Amendment

Protects against self-incrimination and ensures due process.

Plea Bargains

Agreements between the defendant and prosecution to resolve a case without going to trial.

Capital Cases

Cases that involve the death penalty and cannot be plea bargained.

Courtroom Workgroup

A collaborative group of legal professionals in the courtroom, including judges, attorneys, and others.

Most powerful person in the criminal justice system

Typically regarded as the judge.

Pretrial Process

The stage where legal arguments and evidence are prepared before the trial.

Trial Process

The formal examination of evidence by a judge and usually by a jury.

Posttrial Process

The stage that occurs after the trial, involving sentencing or appeals.

Prosecution

The legal party responsible for presenting the case against an individual in a criminal trial.

Defense

The party that represents the accused in a criminal trial.

Finder of Law

The judge, who interprets the law and ensures it is applied appropriately.

Finder of Fact

The jury, which determines the facts of the case and delivers a verdict.

Legal Protections

Rights and safeguards provided to individuals to ensure fairness in legal proceedings.

Self-Incrimination

The act of implicating oneself in a crime; protected against by the Fifth Amendment.

Miranda v. Arizona

The landmark case that established the requirement to inform individuals of their rights upon arrest.

Private Attorneys

Lawyers hired by individuals, as opposed to public defenders provided by the state.

Pressure on Defendants

The leverage used by the prosecution in plea negotiations.