Ch 10 Vocabulary Law and Justice

Pretrial Release

The release of an accused person from custody, for all or part of the time before or during prosecution, on his or her promise to appear in court when required.

Bail Bond

A document guaranteeing the appearance of a defendant in court as required and recording the pledge of money or property to be paid to the court if he or she does not appear, which is signed by the person to be released and anyone else acting on his or her behalf.

Pretrial Release

The release of an accused person from custody, for all or part of the time before or during prosecution, on his or her promise to appear in court when required.

Bail Bond

A document guaranteeing the appearance of a defendant in court as required and recording the pledge of money or property to be paid to the court if he or she does not appear, which is signed by the person to be released and anyone else acting on his or her behalf.

Release on Recognizance

The pretrial release of a criminal defendant on his or her written promise to appear in court as required. No cash or property bond is required.

Conditional Release

The release of a pretrial defendant by a judge, typically involving conditions that the defendant must meet in order to avoid custody prior to or during a trial.

Plea

In criminal proceedings, the defendant's formal answer in court to the charge contained in a complaint, information, or indictment that he or she is guilty of the offense charged, is not guilty of the offense charged, or does not contest to the charge.

No Contest

A plea of no contest. I used when the defendant does not wish to contest conviction. Because the plea does not admit to guilt, it cannot provide the basis for later civil suits that might follow a criminal conviction.

Plea Bargaining

The process of negotiating an agreement among the defendant, prosecutor, and the court as to an appropriate plea and associated sentence in a given case. Plea bargaining circumvents the trial process and dramatically reduces the time required for the resolution of a criminal case.

Adversarial System

Two-sided structure under which American criminal trial courts operate. This system pits the prosecution against the defense. In theory, justice is done when the most effective adversary is able to convince the judge or jury that his or her perspective on the case is the correct one.

Peremptory Challenge

The right to challenge a potential juror without disclosing the reason for the challenge.

Voir Dire

During jury selection when both prosecution and defense attorneys question potential jurors in a process.

Sequestered Jury

A jury that is isolated from the public during the course of a trial and throughout the deliberation process.

Evidence

Anything useful to a judge or jury in deciding the facts of the case. Evidence may take the form of witness testimony, written documents, videotapes, magnetic media, photographs, physical objects, and so on.

Direct Evidence

Evidence that, if believed, directly proves a fact. Eyewitness testimony and videotaped documentation account for the majority of all direct evidence heard in the criminal court room.

Circumstantial Evidence

Evidence that requires interpretation or that requires a judge or jury to reach a conclusion based on what the evidence indicates.

Testimony

Oral evidence offered by a sworn witness on the witness stand during a criminal trial.

Perjury

The intentional making of a false statement as part of the testimony by a sworn witness in a judicial proceeding on a matter relevant to the case at hand.

Hearsay

Something that is not based on the personal knowledge of a witness. Witnesses who testify about something they have heard, for example, are offering hearsay by repeating information about a matter of which they have no direct knowledge.

Reasonable Doubt

In legal proceedings, an actual and substantial doubt arising from the evidence, from the facts or circumstances shown by the evidence, or from the lack of evidence.

Reasonable Doubt Standard

The standard of proof necessary for conviction in criminal trials.

Verdict

The decision of the jury in a jury trial or of a judicial officer in a nonjury trial.