Criminal Justice: Chapter 8

Pretrial Procedures

Critical pretrial processes and decisions, including bail, arraignment, and plea negotiation

Bail

The monetary amount for or condition on of pretrial release, normally set by a judge at the initial al appearance. The purpose of bail is to ensure the return of the accused at subsequent proceedings

Pretrial Detention

Holding an offender in secure confinement before trial

release on recognizance (ROR)

A nonmonetary condi on for the pretrial release of an accused individual; an alterna ve to monetary bail that is granted a er the court determines that the accused has es in the community, has no prior record of default, and is likely to appear at subsequent proceedings

Manhattan Bail Project

The innovative experiment in bail reform that introduced and successfully tested the concept of release on recognizance

Deposit Bail

The monetary amount set by a judge at a hearing as a condition of pretrial release; the percentage of the total bond required to be paid by the defendant

Bail Reform Act of 1984

Federal legislation on that provides for both greater emphasis on release on recognizance for nondangerous offenders and preventative detention on for those who present a menace to the community

preventative detention

The practice of holding dangerous suspects before trial without bail

Presentment

The report of a grand jury investigation on, which usually includes a recommendation of indictment

Indictment

The action on by a grand jury when it finds that probable cause exists for prosecution of an accused suspect

No Bill

The action on by a grand jury when it votes not to indict an accused suspect

Information

Charging document filed by the prosecution that forms the basis for a preliminary hearing

Preliminary Hearing

A hearing that occurs in lieu of a grand jury hearing, when the prosecutor charges via information. Three issues are decided: whether a crime was committed, whether the court has jurisdiction on over the case, and whether there is sufficient probable cause to believe the defendant committed the alleged crime

Plea Bargaining

Nonjudicial settlement of a case in which the defendant exchanges a guilty plea for some consideration, such as a reduced sentence

Diversion

A noncriminal alternative to trial, usually featuring counseling, job training, and educational opportunities

Bench Trial

The trial of a criminal ma er by a judge only. The accused waives any constitutonal right to trial by jury

Adjudication

The determination of guilt or innocence; a judgment concerning criminal charges. The majority of offenders charged plead guilty; of the remainder, some cases are adjudicated by a judge and a jury, some are adjudicated by a judge without a jury, and others are dismissed

Confrontation Clause

A part of the Sixth Amendment that establishes the right of a criminal defendant to see and cross-examine all the witnesses against him or her

Hearsay Evidence

Testimony that is not firsthand but, rather, relates information told by a second party

compulsory process

Compelling the production of witnesses via a subpoena

Pro Se

“For oneself”; presenting one’s own defense in a criminal trial; self-representation

proof beyond a reasonable doubt

The standard of proof needed to convict in a criminal case. The evidence offered in court does not have to amount to absolute certainty, but it should leave no reasonable doubt that the defendant committed the alleged crime

preponderance of the evidence

The level of proof in civil cases; more than half the evidence supports the allegations of one side

venire

The group called for jury duty from which jury panels are selected

voir dire

The process in which a potential jury panel is questioned by the prosecution and the defense to select jurors who are unbiased and objective

challenge for cause

A request that a prospective juror be removed because he or she is biased or has prior knowledge about a case, or for other reasons that demonstrate the individual’s inability to render a fair and impar al judgment in a particular case

Peremptory challenge

The dismissal of a potential juror by either the prosecution or the defense for unexplained, discretionary reasons

direct examination

The questioning of one’s own (prosecution or defense) witness during a trial

cross-examination

The process in which the defense and the prosecution interrogate witnesses for the other side during a trial

directed verdict

The right of a judge to direct a jury to acquit a defendant because the state has not proved the elements of the crime or otherwise has not established guilt according to law

jury nullification

A defense tac c that consists of suggesting that the jury acquit a defendant, despite evidence that he actually violated the law, by maintaining that the law was unjust or not applicable to the case

Appeal

A request for an appellate court to examine a lower court’s decision to determine whether proper procedures were followed

writ of habeas corpus

A judicial order reques ng that a person who detains another person produce the body of the prisoner and give reasons for his or her capture and deten on. Habeas corpus is a legal device used to request that a judicial body review the reasons for a person’s confinement and the condi ons of confinement. Habeas corpus is known as “the great writ”