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Pretrial Activities
Various processes and procedures that occur before a criminal trial, including bail, preliminary hearings, and plea bargaining.
Bail
A monetary amount set to ensure that the accused will appear in court, based on the presumption of innocence and allowable under the Eighth Amendment.
Booking
The process that includes filing arrest reports, taking fingerprints, photographing suspects, and collecting personal information.
Right to Counsel
The legal right of a defendant to have legal representation, guaranteed by the Sixth Amendment.
Preliminary Hearing
A pretrial procedure to determine if there is probable cause for the charges; held in about half of U.S. states.
Grand Jury
A group that reviews evidence to determine if there is enough reason to charge someone with a crime, usually consisting of 23 jurors.
Plea Bargain
An agreement between prosecutor and defense attorney whereby the defendant pleads guilty in exchange for a reduced sentence or lesser charge.
Nolo Contendere
A plea by which a defendant accepts conviction as if they had pleaded guilty, but does not admit guilt.
Hung Jury
A jury that cannot reach a unanimous decision, leading to a mistrial.
Presentence Investigation (PSI)
A detailed report prepared to assist the judge in determining an appropriate sentence, including a background investigation of the defendant.
Release on Own Recognizance (ROR)
A pretrial release where the accused promises to appear in court without having to post bail.
Speedy Trial Act
A federal law that mandates specific time limits for the various stages of a criminal trial process.
Voir Dire
The process of questioning potential jurors to determine their qualifications and suitability to serve on a jury.
Challenge for Cause
A legal reason submitted by an attorney to disqualify a juror based on bias or prejudice.
Peremptory Challenge
A type of juror removal where an attorney does not need to provide a reason, limited in number.
Verdict
The decision reached by a jury at the end of a trial, which may be guilty, not guilty, or a hung jury.
Sixth Amendment
Part of the U.S. Constitution that guarantees the rights of criminal defendants, including the right to counsel and a speedy trial.
Arraignment
The formal court proceeding where a defendant is charged and enters a plea for the first time.
Opening Statements
The initial remarks made by attorneys at the beginning of a trial, outlining their case and what they aim to prove.
Closing Arguments
Final statements made by both parties at the end of a trial, summarizing the evidence and persuasive points made.
Direct Examination
The questioning of a witness by the party who called that witness to testify.
Cross Examination
The questioning of a witness by the opposing party after the direct examination.