Criminal Litigation Final Exam Vocab

Appellant

The party appealing a court decision

Appellee

The party who responds to the appeal, defending the lower court's decision

Asset Forfeiture

Legal process where the government seizes property connected to a crime

Challenge for Cause

Request to remove a juror due to bias or inability to be impartial

Clemency

Executive mercy that may reduce or eliminate punishment (includes pardon, communication, etc.). Granted by a governor or the president to a person convicted of a crime

Closing Arguments

Final summaries of each side's case presented before jury deliberation

Collateral Remedy

A civil remeby challenging a conviction (e.g., habeas corpus)

Communication

A reduction in the severity of a sentence by executive authority

Cross Examination

Questioning of a witness by the opposing side in a trial

Direct Examination

Questioning of a witness by the side that called them to testify

Exhibit

Physical or digital evidence presented during trial

Hung Jury

A jury that cannot reach a unanimous verdict

Impeachment (of a witness)

Challenging a witness's credibility or truthfulness

Interlocutory Appeal

Appeal of a ruling made before trial ends

Objection

A formal protest improper evidence or procedure during trial

Offer of Proof

Explanation to the judge of what excluded evidence would show, to preserve it for appeal

Opening Statements

Each side's initial outline of what they expect the evidence will prove

Overruled

Judge rejects an objection, allowing the question or evidence

Pardon

Executive act that forgives a crime, removing penalties

Parole

Supervised release from prison before full sentence is served

Peremptory Challenge

Juror dismissal without giving a reason, limited in number

Polling the Jury

Asking each juror to confirm their verdict individually

Prima Facie Case

Case that has enough evidence to proceed unless rebutted

Probation

Court-ordered supervision in the community instead of prison

Rebuttal Evidence

Evidence used to disprove the other side's claims

Redacted

Blacked out or removed parts of a document to exclude sensitive info

Restitution

Payment by the offender to the victim for harm caused by the crime

Return of Service

Proof that a legal document was properly delivered

Sentencing Guidelines

Rules that suggest appropriate punishment based on the crime and offender

Sequestering a Jury

Isolating the jury to avoid outside influence

Subpoena

Legal order requiring someone to appear in court or produce documents

Sustained

Judge agrees with an objection, disallowing the question or evidence

Venire

The group of potential jurors summoned for jury duty

Voir Dire

Jury selection process involving questions to assess qualification or bias

Writ of Habeas Corpus

Legal action demanding a prisoner be brought to court to determine if detention is lawful

Motion to Dismiss

Filed to throw out the case entirely (e.g., lack of evidence or jurisdiction)

Motion in Limine

Filed to exclude specific evidence before trial begins

Motion to Suppress

Seeks to keep evidence out due to unlawful collection (e.g., illegal search)

Motion for Directed Verdict

Asks judge to rule for the defense because prosecution didn't prove its case

Motion to Correct Error

Filed after trial to fix a legal mistake that may have affected the verdict

Motion for Continuance

Requests more time before trial or a hearing

Candor to the Tribunal

An attorney must be honest with the court and not present false evidence

Ex parte

a communication with the judge without the other party present - generally not allowed unless permitted by law

Lay Witness

testify about what they personally saw, heard, or experienced - no opinions unless based on common sense

Expert Witness

May give opinions based on specialized knowledge, training, or experience

Batson v. Kentucky (Batson)

The Supreme Court ruled that peremptory strikes cannot be used to exclude jurors based solely on race, as it violates the Equal Protection Clause

Alternate Juror

A backup who hears the case and replaces a regular juror if needed

Charge the Jury

When the judge gives the jury legal instructions before deliberation

Concurrent sentence

Sentences that run at the same time as each other

Consecutive sentence

sentences that run on after the other

Determinate sentencing

sets a fixed term for sentencing

Indeterminate sentencing

gives a range for sentencing (e.g., 5-10 years)

Mitigator

A fact that may reduce a sentence (e.g., no prior record)

Aggravator

A fact that may increase a sentence (e.g., use of a weapon)

Enhanced sentence

May be required for crimes involving repeat offense, hate crimes, or guns/drugs near schools, per statute

Capital Punishment

the death penalty - a sentence of execution for certain serious crimes, like murder

Criminal Record

An official history of a person's criminal arrests and convictions

Collateral consequences

non-criminal penalties (e.g., loss of job, housing, voting rights)

Expunge

To erase or seal parts of a criminal record

Federal VOCA Grants

Provided by the U.S. Department of Justice under the Victims of Crime Act (VOCA)

State Court Fees

A percentage of court fees collected statewide

Restitution Payments

Funds collected from offenders as part of their sentencing

Work Release Earnings

Money earned by offenders in work release programs

State Appropriations

Funds allocated by the Indiana General Assembly

Punitive Damages

75% of punitive damages awarded in Indiana civil cases

Reprieve

Delays punishment (often execution)

Remission

Cancels part of a fine or penalty