Chapter 8 CCJ 101: The Prosecution, Defense, and Pretrial Activities

Adversarial system

A system used in the United States in which prosecutors and defendants compete against each other to reveal the truth.

Advocacy model

A model in which the defendant and the government are represented by advocates who act on behalf of their clients.

Arraignment

A formal reading of charges in a court of appropriate jurisdiction in front of the defendant.

Bail Reform Act of 1966

This federal law provides a noncapital defendant with the right to be released on bond or on personal recognizance unless the defendant is a flight risk.

Challenge for cause

A challenge during voir dire in which the defense counsel, the prosecutor, or the judge identifies a potential juror they believe cannot be unbiased, fair, or impartial. Also known as strike for cause

Challenge to the array

An argument that the venire should be discharged because of a deficiency or an illegality in the way it was selected.

Civil Rights Act of 1875

One in a series of post–Civil War legislative acts, it prohibited the exclusion of African Americans from jury duty, among other things.

Complaint

The document that initiates legal proceedings by demonstrating facts and legal reasons the plaintiff believes the defendant owes remedy or has committed a crime.

Defense attorney

A lawyer who advocates for their client who has been charged with a crime. The defense attorney protects the client’s constitutional rights.

Discovery

The process through which the defense learns about evidence held by the prosecution. This may include reports and witness statements.

Exculpatory evidence

Evidence that may be favorable to a defendant in a criminal trial, often clearing some or all guilt during criminal proceedings.

Motion for a change of venue

A pretrial motion requesting a geographical change of the trial.

Motion for discovery

The rules of procedure establish a mandate for the prosecution to give the defense certain evidence.

Motion for expenses of experts

Defense can request that the state pay expenses related to psychological evaluations or other types of expert testimony.

Motion for recusal

A motion for the recusal (removal) of a trial judge or prosecutor.

Motion in limine

A motion requesting that the judge rule on whether particular evidence can be used at trial.

Motion to suppress

A motion requesting that the court disallow illegally obtained evidence at trial.

Peremptory challenge

An attorney may remove a prospective juror from the venire without giving a legal reason

Petit juries

Juries that determine guilt or innocence by following the course of a criminal trial. Both prosecution and defense present to a petit jury in a trial.

Plea bargains

Agreements in which the prosecutor offers a lesser charge or reduces the number of charges. The defendant agrees to plead guilty in order to avoid a trial and a more severe sentence.

Preliminary hearing

This is typically held in criminal cases to determine the extent of evidence and whether enough exists to allow charges to be pressed against the defendant.

Pro bono

Legal representation that is provided at no charge or a reduced fee.

Prosecutor

An attorney who represents the government or the “people” and is responsible for presenting the state’s case in criminal, civil, and administrative matters.

Recognizance

A suspect, without posting bail money, agrees to show up for the court based on their word alone.

Trial management order

A full schedule created by the court and the court participants that designates what happens and when as the parties work toward the trial date.

U.S. attorney general

The chief law enforcement officer in the government and head of the Department of Justice.

U.S. attorneys

Appointed by the president and supervised by the U.S. attorney general in the Department of Justice, U.S. attorneys are responsible for trying cases at the federal court level.

Venire

A list of potential jurors from which the jury is selected.

Voir dire

Process in which prospective jurors are questioned in court under oath to attempt to uncover inappropriate jurors