Chapter 10 - The Judicial Process

Rule of Law

The ideal that all people, no matter their wealth or importance, should be held to the same law as all others, and everyone should be treated equally; “No person is above the law.”

Charging

The state’s prosecutor (often the district attorney) decides what charges, if any, should be formally brought against the suspect.

Pretrial Process

the steps before an actual trial that ensure the defendant’s rights are preserved.

Grand Jury

Citizens who hear evidence against a person accused of a crime and help to determine the appropriate charges that should be brought against that person.

Bail

A monetary bond paid by the defendant after an arrest to obtain release before the trial, though the bond is forfeited if the defendant doesn’t appear in the trial after.

Pretrial Release Officer

Decides if the defendant can be released on bail not based on money, but on information about the defendant, their risk of flight, their stability, community ties, etc.

Third Party Custody

A nonmonetary form of bail wherein the defendant is released into the custody of a third person, like their parents, who promise the defendant will appear in court at the scheduled time.

Conditional Release

A nonmonetary form of bail wherein the judge releases the defendant if the defendant agrees to meet certain conditions, like drug rehab, staying in the city, or avoiding certain people.

Property Bond

A nonmonetary form of bail wherein the defendant uses valuable items they own, like a car or land, to post bail instead of cash.

Unsecured Bail / Unsecured Bond

A nonmonetary form of bail wherein the defendant pays no money to the court but is liable for the full amount if they fail to appear in court.

Preventative Detention

The act of holding a defendant prior to the trial if it is believed that they might be a flight risk or dangerous to the community.

Pretrial Motions

Requests, either oral or written (called petitions), that are made to a court seeking a finding, a decision, or an order. Motions include to dismiss, to suppress evidence, to reduce bail, and to discover what evidence the other side has.

Plea Bargaining

A system in which the defendant gives up their right to a trial in exchange for a reduction in charges or the sentence imposed.

Jury Selection

The process by which an impartial jury is chosen to hear the evidence in a trial; the transition from the jury panel, to the venire, to the voir dire process.

Jury Instructions

When the presiding judge explains the law to the jurors and informs them about the specific elements of the offenses with which the defendant is charged, or of any lesser offenses that may be relevant; also called “charging the jury.”

Jury Deliberations

The stage in the trial process, after the attorneys present their closing arguments, when the members of the jury privately discuss the facts of the case to decide the verdict, which must be unanimously agreed upon.

Sentencing

The stage of adjudication, after a defendant either plead guilty or was found guilty, whereby punishment is formally imposed.

Presentence Investigation

Written by a probation officer, this document provides the judge with detailed information about the offender prior to the sentencing phase of the trial.

Appeals

The process by which a second court reviews the conviction or sentencing decision made by a lower court.

Writ of Habeas Corpus

A judicial procedure in which an offender’s sentence is reviewed to determine whether it is fair or whether the person is being held illegally.

Anti-Terrorism and Effective Death Penalty Act

Passed by Congress in 1966, this law set a one-year limit on any defendant seeking to file a habeas corpus petition, and placed restrictions on a federal court’s ability to overturn a state court’s criminal conviction.

Initial Appearance (Juvenile)

A legal proceeding in the juvenile justice system in which a young suspect is asked to appear to hear the formal charges against them and to be informed of their legal rights. If applicable, bale is also discussed.

Adjudication

A proceeding in the juvenile justice system that is similar to a trial in the adult system, but evidence is presented to a judge, not a jury.

Waiver

The process by which a juvenile offender who commits an extremely violent or serious offense can be tried in an adult court if the juvenile judge waves his or her jurisdiction.

Speedy Trial Act of 1974

A law passed by Congress that defines a “speedy trial: so that there should be no more than 30 days between arrest and indictment, no more than 10 days between indictment and arraignment, and no more than 60 days between arraignment and trial.

Double Jeopardy

According to the 5th amendment to the U.S. Constitution, a defendant cannot be put on trial twice for the same offense.

Defendants’ Rights

The rights guaranteed to a defendant in a criminal case, as defined by the U.S. Constitution and Supreme Court.

Judicial Process

The progression of a case through the judicial system.