journalism and the judiciary 1

Federal courts

Courts that hear cases involving federal law, the U.S. Constitution, disputes between states, or parties from different states above a dollar threshold

State courts

Courts that handle most U.S. litigation, including most criminal prosecutions, family law, contracts, and personal injury cases

U.S. Supreme Court

The highest federal court; 9 justices; has the final word on federal law and the Constitution

U.S. Courts of Appeals

13 federal circuits that review trial court rulings for legal error

U.S. District Courts

94 federal trial courts where federal cases begin

State Supreme Court

The highest court in a state; final word on state law

Intermediate appellate court

State court between the trial court and state supreme court that reviews trial rulings

Plaintiff

The private party who brings a civil case

Defendant

The person accused of a crime (criminal case) or a wrong (civil case)

Beyond a reasonable doubt

The burden of proof in criminal cases

Preponderance of the evidence

The burden of proof in civil cases

Bench trial

A trial in which the judge alone decides the case

Clerk

Court official who manages the case file, the docket, and exhibits

Prosecutor (D.A.)

Attorney who represents the government in criminal cases

Public defender

Attorney appointed to represent an accused person who cannot afford one

Grand jury

Secret panel of 16 to 23 members (federal) that decides whether to indict, not guilt; only the prosecution presents

Trial (petit) jury

Panel of 6 to 12 members that decides guilt or civil liability in a public proceeding where both sides present

Arraignment

Hearing where charges are read and the defendant enters a plea

Indictment

A formal charge issued by a grand jury

Docket

The court's official log of cases and filings

Motion

A formal request asking a judge to rule on something before or during trial

Plea bargain

Agreement where a defendant pleads guilty, often to a lesser charge, in exchange for a lighter sentence

Subpoena

A legal order compelling someone to testify or produce documents

Voir dire

The jury selection process in which attorneys and the judge question prospective jurors

Remand

When an appeals court sends a case back to a lower court for further action

Amicus brief

A "friend of the court" filing from a non

Recusal

When a judge steps aside from a case because of a conflict of interest

Sealed record

Court material a judge has ordered kept from public view

Gag order

A judge's order restricting what trial participants can say publicly about a case

Prior restraint

The government blocking publication before it happens; courts set an extremely high bar

PACER

The federal judiciary's electronic records system; $0.10 per page, capped at $3.00 per document

Open Courts Act

Bipartisan bill to eliminate PACER fees and modernize the system

Shield law (reporter's privilege)

Law that can protect journalists from being forced to reveal sources; varies by state, and there is no federal shield law

Sixth Amendment

Guarantees the right to a fair trial; in tension with press freedom

First Amendment

Protects freedom of the press; in tension with the fair trial right

Presumption of innocence

A defendant is legally innocent until convicted, so reporters use words like "alleged" and "accused"

Felony

Most serious class of crime; sentence of more than 1 year, typically in prison

Misdemeanor

Intermediate crime; sentence up to 1 year, typically in local jail

Infraction

Least serious offense; fine only, no jail time

Warrant arrest

Arrest made after police submit a sworn affidavit and a judge signs a warrant

Warrantless arrest

Immediate arrest by an officer who witnesses a crime or finds probable cause on the scene; a judge reviews it soon after

Probable cause

The reasonable basis, supported by facts, needed for an arrest or charge

Affidavit

A sworn written statement of facts, such as the one police submit to obtain a warrant

Arrest report

Document created at booking with the charge, statute, narrative, time, and place; usually a reporter's first document

Booking

Processing after arrest that creates the paper trail

Criminal complaint

Brief statement of probable cause naming the charges and facts; not a determination of guilt

Information

Formal charge document filed by a prosecutor without a grand jury

True bill

A grand jury's decision to charge, resulting in an indictment

No bill

A grand jury's decision not to charge; the case is dropped

Superseding indictment

An indictment that replaces an earlier one and adds or changes charges or defendants

Speaking indictment

A detailed federal indictment that can read almost like a news story

Papered

In D.C., a case accepted for prosecution

No papered

In D.C., a case the prosecutor declined to charge

Initial appearance

Defendant's first appearance before a judge; a brief procedural hearing where charges and rights are explained and bail is set

Personal recognizance (PR)

Release on a promise to appear, with no money required

Cash bail

A set dollar amount that must be posted for release

Pretrial detention

Holding a defendant without bail when a judge finds a flight risk or danger to the community

Presentment calendar

D.C. Superior Court's daily calendar of initial hearings, open to the public

Bail Reform Act

D.C. law (D.C. Code section 23

Plea agreement

Deal in which a defendant pleads guilty, usually to fewer or lesser charges, often with a sentencing recommendation

Factual basis

Section of a plea agreement where the defendant admits specific facts; often the best narrative source

Cooperation clause

Plea agreement term where the defendant agrees to cooperate, signaling a bigger case ahead

Challenge for cause

Request to remove a juror who shows actual bias; unlimited in number

Peremptory challenge

Limited request to remove a juror without giving a reason (but not based on race or gender)

Change of venue

Moving a trial to another location because local pretrial publicity makes a fair jury unlikely

Juror questionnaire

Written questions sent to a large jury pool in high

Opening statement

Each side's preview of its case and theory; not evidence

Direct examination

Questioning of a witness by the attorney who called them

Expert witness

Witness who explains technical evidence such as forensics, pathology, finance, or digital data

Hearsay

A common objection to secondhand statements; objections shape what the jury may hear

Chain of custody

The record of how evidence was collected, stored, and preserved

Demonstrative evidence

Charts, timelines, and reconstructions used to explain facts

Suppressed evidence

Evidence the jury never sees because it was excluded

Fifth Amendment

Protects a defendant's right not to testify; prosecutors cannot comment on the choice

Closing argument

Final summary of the evidence by each side; no new evidence allowed

Rebuttal

The prosecution's brief response after the defense closes

Hung jury

A jury that cannot agree, which may lead a judge to declare a mistrial

Mistrial

A trial ended without a verdict, for example after a hung jury

Mixed verdict

Different outcomes on different counts, which must be reported precisely

Jury polling

Each juror publicly states their vote after a verdict

Allocution

The defendant's own statement to the court at sentencing

Mitigation

Defense evidence at sentencing such as mental health, background, remorse, and character witnesses

Mandatory minimum

Required minimum sentence that limits a judge's discretion

State v. Murdaugh

South Carolina double murder trial (Jan. to March 2023, Beaufort County); guilty verdict after about 3 hours; conviction overturned May 2026

Dual court system

The U.S. system of separate, parallel federal and state courts

Magistrate judge

Federal judge who handles initial appearances, warrants, and pretrial matters

En banc

When the full appeals court, rather than a 3

Writ of certiorari

Petition asking the Supreme Court to hear a case; four justices must agree

Circuit split

When two circuits interpret the same law differently; the strongest predictor of a cert grant

Affirmed

Appeals court upholds the lower court's ruling

Reversed

Appeals court overturns the lower court's ruling

Vacated

A ruling is undone or set aside

Interlocutory appeal

Appeal of a ruling made before the case is finished

Per curiam

An unsigned opinion issued "by the Court"

Stay pending appeal

Order pausing a ruling or action while an appeal proceeds; the interim order is often the whole story

U.S. Attorney's Office

DOJ office that prosecutes federal crimes (93 U.S. Attorneys)

Rocket Docket

Nickname of the Eastern District of Virginia (Alexandria), the nation's fastest federal trial court

Federal Circuit

The 13th circuit; national and defined by subject matter such as patents, trade, and claims against the U.S.

D.C. Circuit

Appeals court for D.C. district court cases; a national beat because many agency rule challenges go there

4th Circuit

Appeals court based in Richmond that hears cases from Alexandria (E.D. Va.) and Maryland