Law Vocab 13-17

Booking

the formal process of making a police record of the request

Arraignment

when the defendant is informed of the charges and advises of their rights, but does not enter a plea until a later stage in the criminal process

Bail

the amount of money posted that must be paid for an arrested person to be released

Personal recognizance

personal bond. To be eligible for release on this, the defendant must promise to return and must be considered a low risk of failing to show up for trial

Information

details the nature and circumstance of the charge from the prosecutor

Preliminary Hearing

a screening process used in about half of the states in felony cases to determine whether there is enough evidence to require the defendant to stand trial

Grand jury

a group of 16 to 23 people charged with determining whether there is sufficient cause to believe that a person has committed a crime and should stand trial

Indictment

formal charge of criminal action

Nolo contendere

a plea in which the defendant does not admit guilt but also does not contest the charges. Equivalent to pleading guilty

Pretrial motion

preliminary proceeding that is a formal request that a court make a ruling or take some other action

Motion for discovery of evidence

a request by the defendant to examine, before trial, certain evidence in the possession of the prosecutor

Motion for a continuance

request that seeks more time to prepare the case

Motion for a change of venue

a request to change the location of a trial to avoid community hostility, for the convenience of witnesses, or for other reasons.

Motion to suppress evidence

most important and controversial pretrial motion. A request that certain evidence not be allowed to be presented in the trial

Exclusionary rule

a rule that the Fourth Amendment needs. Means that any evidence illegally seized by law enforcement officials cannot be used to convict the accused at trial. Also applies to evidence obtained from illegal questioning of the accused.

Judicial integrity

the idea that courts should not be parties to lawbreaking by the police

Deterrence

the police will be less likely to violate a citizen’s rights if they know that illegally seized evidence will be thrown out of court

Plea bargaining

the process of granting certain concessions to the defendant in exchange for a plea of guilty

Due process

fair procedures

Waive

give up

Voir dire

the process of the prosecutor and defense lawyer selecting the members of the jury

For-cause challenge

either lawyer requesting that a potential juror be eliminated for some specific reason

Peremptory challenge

the limited number of requests that a potential juror be eliminated without stating a specific reason

Subpoena

a court order

Contempt of court

when the defendant is disruptive/disrespectful to the court

Immunity

meaning that a witness cannot be prosecuted based on info provided in a testimony

Indigent

those without financial means

Double jeopardy

from the Fifth Amendment. Means that a defendant cannot be prosecuted a second time for the same offense after either an acquittal or conviction

Mistrial

a trial rendered invalid through an error in the proceedings

Petitioner/Appellant

the defendant in an appeals court. Must convince court that there were serious errors of law made at the og trial

Writ

an order from a higher court to either a lower court or to a government official. How a defendant applies to a court for help

Habeas corpus

a writ that claims that a defendant is being held illegally and requests release

Suspended sentence

a sentence that is given but doesn’t have to be served at the time it’s imposed. Defendant may only have to serve it later if they are arrested on another charge or violates a condition of probation

Probation

how a defendant can be released. Done under supervision of a probation officer after agreeing to meet certain conditions

Home confinement

the defendant is sentenced to serve the term at home. Can only leave for essential purposes and sometimes has to wear electronic monitoring device

Fine

amount of money set by court

Restitution

money defendant must pay to make up for whatever loss or injury was caused to the victim of the crime

Work release

the defendant can work in the community but must return to prison at night or on weekends

Imprisoned

a defendant that has to serve a term in jail or prison

Death penalty

a defendant is sentenced to death for their crime

Presentence report

a report prepared by a probation department that contains a description of the offense and sets out the circumstances surrounding it. Also describes defendant’s past criminal record, data on their background, and has recommended sentence

Retribution

the primary reason for punishing a criminal way back when. Instead of individuals seeking revenge, society, through the criminal justice system, takes on role of punishing those who break the laws

Deterrence

punishing a criminal to discourage them from committing another crime in the future. Punishment will also deter others from committing similar crimes

Rehabilitation

helping convicted persons change their behavior so that they can lead useful and productive lives after their release

Incapacitation

the criminal is physically separated from the community and the community is protected as a result

Parole

the release of a convicted person from prison before their entire sentence has been served

Capital Punishment

AKA the death penalty and the most controversial sentence given to defendants

Aggravating circumstances

factors that suggest the defendant deserves a more severe punishment

Mitigating circumstances

factors that suggest the defendant deserves a less severe punishment

Reentry

a program designed to reduce serious crime committed by ex offenders. Three phases: correctional institutions, actual transition back into community, Give ppl who left the justice system’s supervision a network of social services agencies and community- based organizations

Parens partriae

Latin for “parent of the country” the right of the state to intervene in the life of a child is based on this.

Delinquent offenders

youths who have committed acts that would be crimes if by committed by adults under federal, state, or local law

Status offenders

youths who have committed acts that would not be crimes if committed by adults (running away from home, skipping school, violating curfew, etc)

Neglected/Abused Children

kids that need the court’s protection from a parent or guardian. Child’s parent either is charged for not caring for the child, or charged for abusing the child.

Juvenile waiver

most common approach for trying juveniles in adult court. Let juvenile court judges to waive juveniles to adult court (after a hearing) for prosecution

Statutory Exclusion

second most common approach to trying juveniles in adult court. Passing a state law that required certain offenses committed by juveniles to be prosecuted in adult court. AKA automatic transfer

Direct File

the third approach to trying juveniles in adult court. Gave prosecutors discretion to file charges against juveniles in adult criminal court

Intake

the informal process in which court officials or social workers decide if a complaint against a juvenile should be referred to juvenile court

Initial hearing

the hearing that juveniles who are taken into custody and formally referred to juvenile court are entitled to. State must generally prove that an offense was committed and that there is reasonable cause to believe that the accused committed it. If the state wants to further detain the juvenile, it must prove that the juvenile is a danger to themselves or others, is likely to run away if released, or has a past record that warrants detention

Preventative detention

the judge’s decision that a juvenile is better off in detention than in his or own home until the trial

Adjudicatory hearing

a fact-finding hearing. Closed to the public and names of accused and details of the offense are withheld from the press

Disposition

the sentence a juvenile receives

Aftercare

what a juvenile may be placed in after being released from an institution. Equivalent to an adult’s parole

Expunged

done in a few states. Juvenile records are automatically sealed when the juvenile reaches the age of 18 or 21

Habeas corpus

a legal means by which prisoners can challenge the constitutionality of their imprisonment in court.