CJ chapter 9

Appeal

A written petition to a higher court to review a lower court’s decision for the purpose of convincing the higher court that the lower court’s decision was incorrect.

Arraignment

(from Chapter 1) Court appearance in which the defendant is formally charged with a crime and asked to respond by pleading guilty, not guilty, or nolo contendere.

Bench trial

(from Chapter 7) A trial in which a defendant waives the right to a jury trial and instead agrees to a trial in which the judge hears and decides the case.

Beyond a reasonable doubt

(from Chapter 3) The highest level of proof required to win a case; necessary in criminal cases to procure a guilty verdict.

Bill of indictment

A declaration of the charges against an accused person that is presented to a grand jury to determine whether enough evidence exists for an indictment.

Cash bond

A requirement that the entire amount of the bail cost be paid in cash.

Determinate sentence

A prison term that is determined by law and states a specific period of time to be served.

Directed verdict of acquittal

An order from a trial judge to the jury stating that the jury must acquit the accused because the prosecution has not proved its case.

Hung jury

A jury in a criminal case that is deadlocked or that cannot produce a unanimous verdict.

Impeach

The discrediting of a witness.

Indeterminate sentence

A prison term that is determined by a parole board and does not state a specific period of time to be served or date of release.

Indictment

A written statement of the facts of the offense that is charged against the accused.

Information

A formal, written accusation against a defendant submitted to the court by a prosecutor.

Mandatory minimum sentence

A sentence determined by law that establishes the minimum length of prison time that may be served for an offense.

No-bill

The decision of a grand jury not to indict an accused person because of insufficient evidence. Also called “no true bill.”

Nolo contendere

A plea in which a defendant does not accept or deny responsibility for the charges but agrees to accept punishment. From Latin meaning, “I will not contest.”

Peremptory challenges

The right of both the prosecution and the defense attorney to have a juror dismissed before trial without stating a reason.

Plea bargain

(from Chapter 8) A compromise reached by the defendant, the defendant’s attorney, and the prosecutor in which the defendant agrees to plead guilty or no contest in return for a reduction of the charges’ severity, dismissal of some charges, further information about the offense or about others involved in it, or the prosecutor’s agreement to recommend a desired sentence.

Presumptive sentence

A sentence that may be adjusted by the judge depending on aggravating or mitigating factors.

Pre-trial motion

A request made by the prosecutor or defense attorney that the court make a decision on a specific issue before the trial begins.

Property bond

The use of a piece of property instead of cash as collateral for bail.

Redirect examination

The questioning of a witness about issues uncovered during cross-examination.

Release on recognizance (ROR)

When a defendant pays no money to be released from jail and promises to appear in court when required.

Sentencing guidelines

A set of rules concerning the sentencing for a specified set of offenses that seek to create uniform sentencing policy by directing the judge to consider certain facts about the offense and the defendant when determining the sentence.

Surety bond

The use of a bail agent who promises to pay the defendant’s bail if he or she fails to appear for further court proceedings.

True bill

The decision of a grand jury that sufficient evidence exists to indict an accused person.

Venire

The list or pool from which jurors are chosen.

Voir dire

French for “to see, to speak”; a phrase that refers to the questioning of jurors by a judge and/or attorneys to determine whether individual jurors are appropriate for a particular jury panel.