Legal Definitions, Trial Procedures & Rules of Evidence

Flashcards covering legal definitions, trial procedures, and rules of evidence.

County District Attorney or the State’s Attorney General

Authorized to file and prosecute criminal charges against persons believed to have committed a crime.

Felony

A crime punishable by incarceration in the State Prison for one (1) year or longer, prosecuted in the Superior Court.

Misdemeanor

Punishable by fine and/or imprisonment in the County Jail for a period less than one year.

Infraction

Minor violations of City or County ordinances or State laws, punishable by a fine or public service.

Habeas Corpus

A writ filed in court to determine if a person has been lawfully detained and whether they should be released from custody.

Admission to Bail

The order of a competent court that a defendant be discharged from custody on bail, with the promise to appear at all future court dates.

Own Recognizance

The court may release the defendant on his or her own promise to appear without posting bail.

Burden of Proof in Criminal Trials

The prosecutor must prove guilt beyond a reasonable doubt; otherwise, the defendant must be acquitted.

Demurrer

The defendant can challenge the pleading and ask that it be dismissed when a criminal complaint does not follow a specific format or fails to state facts that constitute a crime.

Unanimous Jury

Requires agreement from all twelve jurors for a guilty or not guilty verdict; otherwise, a mistrial is declared.

Arraignment

Formal statement of charges, advisement of rights, and taking of plea in criminal cases.

Voir Dire

Process of questioning potential jurors to determine their qualifications and impartiality.

Peremptory Challenge

A challenge made without giving a reason to excuse a juror.

Opening Statement

Each attorney explains the case and what they expect to prove based on the evidence.

Direct Examination

The examination of a witness by the party who calls them to testify.

Cross-Examination

Examination of a witness by the opposing party, limited to matters testified to on direct examination.

Corpus Delicti

A crime consist of a group of elements laid down by the law defining the offense, and every element must be proved.

Expert Opinion

A person who by education and experience has become an expert in any art, science, or profession may give his or her opinion as to any matter in which he or she is versed which is material to the case.

Alibi

Where a defendant introduces evidence tending to prove that he or she was not present at the time and place of the commission of the crime, he or she is attempting to prove __.

Confession

A statement that was made by a defendant, prior to the trial, that acknowledges conduct and acts of his or her own that constituted a crime for which he or she is on trial. To be admissible against the defendant, the confession must be shown to be free and voluntary.

Direct Evidence

The testimony of an eye witness relating what he or she actually perceived with his or her own physical senses.

Circumstantial Evidence

Act, statement, conduct, or fact used to prove the guilt or innocence of the defendant.

Incompetent Evidence

Evidence that is not fit for the purpose for which it was offered.

Leading Question

One that is so formed as to suggest to the witness the answer that is desired.

Hearsay Rule

Makes inadmissible any out-of-court statement (oral or written) offered to prove the truth of the matter asserted in the statement.

Superior Court

The state trial court.

District Court of Appeal

The state intermediate appellate court.

United States Senate

Federal judges and justices must be confirmed by a majority vote in the __.