Plea Offers, Discovery and General Motion Practice

These flashcards cover key vocabulary and concepts related to plea offers, discovery, and motion practice in the criminal justice system.

Guilty Plea

An admission of guilt for a charge, often resulting from a plea offer from the prosecution.

Plea Offer

A proposal from the prosecution to the defendant, typically involving a guilty plea in exchange for a lighter sentence.

Plea Bargaining

The negotiation process where the defendant agrees to plead guilty in exchange for a more lenient sentence or charge.

Misdemeanor

A lesser criminal act typically punishable by fines or imprisonment for less than one year.

Felony

A serious crime punishable by imprisonment for more than one year or by death.

Indictment

A formal charge or accusation of a serious crime, typically issued by a grand jury.

Discovery

The pre-trial process where both parties exchange information and evidence.

Dismissal

The termination of a case without a trial or a verdict.

Constitutional Rights

Rights afforded to individuals under the constitution, which can be waived during plea agreements.

Maximum Sentence

The highest punishment that can be imposed for a given crime.

Minimum Sentence

The lowest penalty or punishment mandated for a specific offense.

Youth Part

A section of the criminal court system designated for adolescent or juvenile offenders.

Prosecutorial Discretion

The authority of a prosecutor to decide whether to pursue criminal charges and what charges to file.

Victim Impact Statement

A statement by the victim of a crime, expressing the effects of the crime on their life, which can influence sentencing.

Alford Plea

A plea where the defendant maintains their innocence while conceding that a plea is in their best interest.

Waiver of Rights

The voluntary relinquishment of a known right, often required when accepting a plea agreement.

Standard of Review

Criteria used by an appellate court to evaluate the validity of a lower court’s ruling.

Cross-Examination

The interrogation of a witness by the opposing party during a trial to challenge their testimony.

Adverse Inference Charge

An instruction to the jury that they may infer that evidence being withheld is unfavorable to the party that is withholding it.

Rosario Material

Witness statements that must be disclosed to the defense prior to trial, stemming from the case of People v. Rosario.

Certificates of Compliance

Documents filed by the prosecution confirming that discovery has been turned over to the defense.