UKC 320 Golding Exam 3 Review

A comprehensive vocabulary review deck containing 50 terms and definitions covering pre-trial procedures, competence, the insanity defense, and the trial process for UKC 320 Golding Exam 3.

Initial Appearance

The post-arrest court proceeding where a suspect is brought before a judge to hear official charges, receive notification of constitutional rights, and have counsel assigned or bail considered.

Preliminary Hearing

A pre-trial adversary hearing before a judge to determine whether there is sufficient probable cause to believe that a crime occurred and that the defendant committed it.

Grand Jury

A body of citizens convened by the court to evaluate the prosecution's evidence in secret and decide whether to issue a formal indictment against a suspect.

Arraignment

The formal courtroom proceeding wherein the defendant is informed of the formal charges in the indictment and enters an official plea.

Discovery

The pre-trial legal procedure through which opposing parties exchange information, witness lists, and relevant evidence to prepare for trial.

Written Interrogatories

A formal series of written questions submitted during pre-trial discovery by one party to an adverse party that must be answered in writing under oath.

Deposition

An out-of-court oral examination of a party or witness conducted under oath before a court reporter for pre-trial fact discovery.

Pre-Trial Motions

Formal applications submitted to the court prior to trial asking the judge to make a legal ruling, such as excluding evidence or changing venue.

Decision to Set Bail

The judicial determination establishing the financial amount or conditional requirements necessary to secure an arrested defendant's release from custody prior to trial.

Plea Bargaining

A negotiated settlement between the prosecution and the defendant where the defendant agrees to plead guilty in exchange for reduced charges or a lighter sentence.

Michael Vick Case

A high-profile legal matter highlighted in lecture regarding the dynamics, strategic negotiations, and legal outcomes associated with entering a federal plea bargain.

Pre-Trial Publicity

Extensive media coverage surrounding a case that creates a tension between the First Amendment freedom of the press and the Sixth Amendment right to a fair trial.

Competency to Stand Trial (CST)

A legal concept assessing a defendant's present mental ability to rationally comprehend courtroom proceedings, understand the charges, and consult with counsel.

Dusky v. United States (1960)

The landmark United States Supreme Court decision that set the foundational constitutional test for competency to stand trial.

Competency Evaluation

A clinical and forensic assessment administered by mental health professionals to evaluate an accused individual's present capacity to participate in legal proceedings.

Colin Ferguson Case

A case demonstrating competency challenges where a defendant with severe paranoia was ruled competent to stand trial and permitted to act as his own defense counsel.

Characteristics of Incompetent Defendants

A common set of clinical and social traits frequently identified in incompetent defendants, including severe psychotic symptoms, history of treatment, low intellectual capacity, and social impairment.

Restoration of Competency

The legal and therapeutic process of providing psychiatric care, psychoeducation, or medication to bring an incompetent defendant to a competent legal state.

Russell Weston, Jr. Case

A legal proceeding concerning a Capitol shooter with paranoid schizophrenia that raised complex legal questions regarding repeated incompetence and involuntary administration of antipsychotic medication.

Legal Insanity

A legal determination concerning whether a defendant's mental illness at the time of the offense rendered them incapable of understanding the nature or wrongfulness of their actions.

M'Naughten Rule (1843)

A historic legal rule establishing that an accused is not criminally responsible if a mental defect prevented them from knowing the nature and quality of the act or knowing that it was wrong.

Dunham v. United States (1954)

A case establishing the product rule for insanity, holding that a defendant is not criminally responsible if their unlawful conduct was the product of a mental disease or mental defect.

American Law Institute (Model Penal Code)—1962

An insanity standard holding an individual not accountable if mental disease caused them to lack substantial capacity to appreciate criminality or conform conduct to the law.

Insanity Defense Reform Act (1984)

A federal law that heightened the threshold for the federal insanity defense, shifted the burden of proof to the defense by clear and convincing evidence, and eliminated the volitional prong.

Hinkley Case

The trial of John Hinckley Jr. for the assassination attempt on President Ronald Reagan, in which his verdict of not guilty by reason of insanity caused substantial legal revisions.

Yates Case

The criminal prosecution of Andrea Yates for the drowning of her children, which centered on severe postpartum psychosis and the legal application of the insanity defense.

Aflluenza Video

A legal video presentation addressing the controversial defense argument that an affluent upbringing and lack of boundaries hindered an adolescent defendant from comprehending the consequences of his actions.

Sixth Amendment

The constitutional provision guaranteeing a criminal defendant the right to a speedy and public trial by an impartial jury, legal counsel, and the confrontation of witnesses.

Seventh Amendment

The constitutional provision preserving the right to a jury trial in certain common-law civil controversies exceeding twenty dollars.

Bench Trial

A legal trial conducted solely before a judge without a jury, where the judge assesses evidence, resolves legal disputes, and issues the verdict.

Kalven and Zeisel (1966) Study

A seminal empirical research investigation measuring agreement between judges and juries, finding that they reached the same verdict in approximately 75% to 80% of criminal trials.

Jury Duty

The civic responsibility required of citizens to report to court, deliberate on trial evidence, and deliver an impartial verdict.

Venire

The assembled pool or panel of citizens summoned to the courthouse from which prospective jurors are selected for a specific trial.

Voir Dire

The preliminary questioning process conducted by attorneys and the presiding judge to examine prospective jurors for potential bias or conflicts of interest.

Challenge for Cause

A request made by an attorney during voir dire to exclude a potential juror on specific grounds of demonstrable prejudice, bias, or statutory disqualification.

Peremptory Challenge

A limited entitlement allowing an attorney to excuse a prospective juror during jury selection without stating a legal cause or rationale.

Instructions to Disregard Inadmissible Evidence

Directives issued by a presiding judge ordering jurors to ignore stricken or inadmissible testimony when deciding upon a verdict.

Sue, Smith & Caldwell (1973) Study

An experimental research study demonstrating that mock jurors frequently fail to follow judicial admonitions to disregard prejudicial inadmissible evidence.

Subpoenas

Compulsory court orders mandating a person to appear in court to deliver testimony or to produce physical items, documents, or records.

Opening Statements

The initial addresses given by opposing attorneys at the beginning of a trial to provide a roadmap and narrative framework of the evidence they intend to introduce.

Trial Information Order

The standardized sequence of a trial consisting of opening statements, plaintiff/prosecution case-in-chief, cross-examination, defense case, rebuttal, closing arguments, jury instructions, and deliberations.

Closing Arguments

The concluding remarks presented by attorneys at the end of a trial to synthesize the introduced evidence and persuade the jury to adopt their proposed verdict.

Appeals

Formal requests submitted to an appellate court asking for review of a lower court's trial proceeding based on alleged procedural or constitutional errors.

Double Jeopardy

A Fifth Amendment constitutional protection preventing a defendant from facing a second criminal prosecution for the identical offense following a final acquittal or conviction.

Criminal Acquittal and Civil Charges

The legal reality that an individual acquitted in criminal court may still be sued in civil court for the same underlying act due to the lower standard of proof in civil litigation.

Probation

A court-ordered criminal sanction allowing a convicted person to remain within the community subject to supervision and specific conditions rather than serving a term in prison.

Judge's Role in a Plea Bargain

The legal function of the presiding judge to confirm that a plea is made voluntarily, intelligently, and knowingly, with the final authority to accept or reject the proposed agreement.

Borderline Personality Disorder

A psychological disorder characterized by marked emotional instability, interpersonal volatility, fear of abandonment, impulsivity, and chronic feelings of emptiness.

Jodi Arias Case

A murder trial evaluated in psychological readings concerning whether the defendant's interpersonal dynamics and actions satisfied diagnostic symptoms of Borderline Personality Disorder.

Commonwealth of Kentucky Juror Handbook (2011)

An official procedural document from the Administrative Office of the Courts defining the instructions, obligations, and legal procedures governing jury service in Kentucky.