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Criminal Justice in America Tenth Edition by George F. Cole, Christopher E. Smith, and Christina DeJong
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 summon, issued by a law enforcement officer, directing on 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 ______ 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 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’ failure 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 sword to determine matters of fact in a criminal case and to deliver a verdict of guilty or not guilty
Williams v. Florida (1970)
Juries 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 reviews 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
