Motions for Hearings, Suppression Hearings and Trials

This set of flashcards covers key terms and concepts related to motions for hearings, suppression hearings, and trials in criminal procedure.

Motion to Suppress

A request by a defendant to exclude certain evidence from being presented at trial.

Sworn Allegations

Factual statements made under oath to support a motion.

N.Y. Criminal Procedure Law § 710.60

Statute governing motions to suppress evidence in New York.

Grounds for Motion

The basis upon which a motion is made, which must be clearly stated in the motion papers.

Hearing

A legal proceeding where evidence is presented and arguments are made regarding a motion.

People v. Mendoza

A case wherein the court discussed the insufficiency of boilerplate motions.

Burden of Proof

The obligation of one party to prove its claims in court.

Mapp Hearing

A hearing to determine if evidence was obtained through unlawful search and seizure.

Huntley Hearing

A hearing to determine the voluntariness of a defendant's statement to law enforcement.

Wade Hearing

A hearing to evaluate the propriety of identification procedures used by law enforcement.

Franks Hearing

A hearing to determine if a search warrant was obtained based on false information.

Peremptory Challenge

A tool used by attorneys to reject a potential juror without stating a reason.

Challenge for Cause

An objection to a prospective juror based on their inability to remain impartial.

Jury Instructions

Directions given by the judge to the jury regarding the law applicable to the case.

Deliberation

The process by which a jury discusses the evidence presented and reaches a verdict.

Verdict

The formal decision made by a jury regarding a case.

Material Witness Order

A court order to compel a witness to testify if they refuse to comply with a subpoena.

Evidence

Information presented in court to prove or disprove a fact in a case.

Hearsay

An out-of-court statement used to prove the truth of the matter asserted.

Mistrial

A trial that is invalid due to an error or misconduct that affects the outcome.

Allen Charge

An instruction given by a judge to a deadlocked jury to encourage them to reach a verdict.