CH8: Pretrial procedures, plea bargaining, and the criminal trial

arraignment

The court appearance of an accused person in which the charges are read and the accused, advised by a lawyer, pleads guilty or not guilty.

motion

An application to a court requesting that an order be issued to bring about a specific action

bail

An amount of money, specified by a judge, to be paid as a condition of pretrial release to ensure that the accused will appear in court as required.

citation

A written order or
summons, issued by a law enforcement officer, directing an alleged offender to appear in court at a specific time to answer a criminal charge.

release on recognizance (ROR)

Pretrial release granted on the defendant’s promise to appear in court because the judge believes that the defendant’s ties to the community guarantee that she or he will appear

percentage bail

Defendants may deposit a percentage (usually 10 percent) of the full bail with the court. The full amount of the bail is required if the defendant fails to appear. The percentage of bail is returned after disposition of the case, although the court often retains 1 percent for administrative costs.

preventive detention

Holding a defendant for trial, based on a judge’s finding that if the defendant were released on bail, he or she would endanger the safety of any other person and the community or would flee.

United States v. Salerno and Cafero (1987)

Preventive detention provisions of the Bail Reform Act of 1984 are upheld as a legitimate use of government power designed to prevent people from committing crimes while on bail.

Santobello v. New York (1971)

When a guilty plea rests on a promise of a prosecutor, the promise must be fulfilled

Boykin v. Alabama (1969)

Before a judge may accept a plea of guilty, defendants must state that they are making the plea voluntarily.

Missouri v. Frye (2012)

Criminal defendants’ Sixth
Amendment right to counsel includes protection against ineffective assistance of counsel in the plea bargaining process, such as defense attorneys’ failures to inform their clients about plea bargain offers.

North Carolina v. Alford (1970)

A plea of guilty by a defendant who maintains their innocence may be accepted for the purpose of a lesser sentence.

Ricketts v. Adamson (1987)

Defendants must uphold the plea agreement or suffer the consequences.

Bordenkircher v. Hayes (1978)

A defendant’s rights are not violated by a prosecutor who warns that refusing to enter a guilty plea may result in a harsher sentence.

bench trials

Trials conducted
by a judge who acts as fact finder, determines issues of law, and renders a verdict. No jury participates.

jury

A panel of citizens selected according to law and sworn to determine matters of fact in a criminal case and to deliver a verdict of guilty or not guilty.

Williams v. Florida (1970)

uries of fewer than
12 members are constitutional.

voir dire

A questioning of prospective jurors to screen out people the attorneys think might be biased or otherwise incapable of delivering a fair verdict.

challenge for cause

Removal of a prospective juror by showing that they have some bias or some other legal disability. The number of such challenges available to attorneys is unlimited.

peremptory challenge

Removal of a prospective juror without giving a reason. Attorneys are allowed a limited number of such challenges.

real evidence

Physical evidence—such as a weapon, records, fingerprints, and stolen property—involved in the crime.

demonstrative evidence

Evidence that is not based on witness testimony but that demonstrates information relevant to the crime, such as maps, X-rays, and photographs.

testimony

Oral evidence provided by a legally competent witness.

direct evidence

Eyewitness accounts.

circumstantial evidence

Evidence provided by a witness from which a jury must infer a fact.

reasonable doubt

The standard used by a jury to decide if the prosecution has provided enough evidence for a conviction.

appeal

A request to a higher court that it review actions taken in a trial court.

habeas corpus

A writ or judicial order requesting the release of a person being detained in a jail, prison, or mental hospital. If a judge finds the person is being held improperly, the writ may be granted and the person released.