Criminal Justice System: Pretrial and Trial Processes

This set of flashcards covers key vocabulary and concepts related to the criminal justice system's pretrial and trial processes.

Bail

A form of security, frequently a sum of money, that is put up to secure the release of an arrested person before trial.

Release on Recognizance (ROR)

A type of pretrial release that allows defendants to be released without bail based on their promise to return for trial.

Plea Bargaining

The negotiation of an agreement between a prosecutor and defendant where the defendant pleads guilty in exchange for a lesser charge or sentence.

Preventive Detention

A legal approach that allows for the detention of defendants before trial to ensure the safety of the community.

Grand Jury

A group of citizens convened to investigate potential criminal conduct and to determine whether there is enough evidence for a trial.

Indictment

A formal accusation that a person has committed a crime, usually issued by a grand jury.

Pretrial Diversion Programs

Programs that allow defendants to avoid prosecution by completing certain requirements, such as treatment or community service.

Prosecutor

A legal representative responsible for presenting the case against an individual accused of a crime.

Defense Counsel

An attorney representing the defendant in a criminal case, who ensures the defendant's legal rights are protected.

Absolute right to a jury trial

The Constitution guarantees defendants in serious offenses the right to be tried by an impartial jury.

Competency to Stand Trial

The legal requirement that a defendant understands the proceedings against them and can participate in their own defense.

Eighth Amendment

The amendment to the Constitution that prohibits excessive bail and cruel and unusual punishment.

Recidivism

The tendency of a convicted criminal to reoffend.

Subpoena

A legal document that orders a person to testify as a witness at a specific time and place.

Compulsory Process

The right of a defendant to obtain witnesses in their favor through a subpoena.

Nolo Contendere

A plea in which the defendant does not admit guilt but accepts conviction as if guilty, without admitting guilt.

Adversarial System

A legal system where two advocates represent their parties' positions before an impartial judge.

Evidence Beyond a Reasonable Doubt

The standard of proof required in criminal trials to convict a defendant.

Misdemeanor vs. Felony

A misdemeanor is a lesser offense typically punishable by a fine or short imprisonment, while a felony is a more serious crime punishable by significant jail time or death.