Chapter 9 The Criminal Trial & Sentencing

criminal trials

trials to ascertain the guilt or lack of guilt of a defendant charged with committing a crime

civil trials

trials used to settle disputes between two parties that do not involve criminal misconduct

traffic hearings

used to deal with traffic offenses

legal guilt

established when a prosecutor is able to persuade a judge or jury that the defendant is guilty of the criminal charges

factual guilt

refers to whether the defendant is guilty of the criminal charges

adjudicated

a formal judgement about a disputed matter

bench trial

a trial in which a judge (or panel of judges) acts as the fact finder, weighs the evidence, deliberates & renders a verdict

jury trial

trial in which the jury acts as the fact finder,weighs the evidence,deliberates, & renders a verdict

venire

list of potential jurors from which the jury is selected

challenge to the array

an argument that the venire should be discharged due to a deficiency or illegality in the way it was selected

voir dire

process in which prospective jurors are questioned in court under oath to attempt to uncover inappropriate jurors

challenge for cause

a challenge during voire dire in which the defense counsel, the prosecutor,or the judge identifies a potential juror he or she believes cannot be unbiased
"strike for cause"

peremptory challenge

an attorney may remove a prospective juror from the venire w.out giving a legal reason

strike for cause

a challenge during voir dire in which the defense counsel ,the prosecutor, or the judge identifies a potential juror he or she believes cannot be unbiased, fair, or impartial
"challenge for cause"

perjury

a spoken or written intentional swearing of a false oath or misrepresenting of an agreement to be truthful

federal rules of evidence

federal rules guiding what is evidence & what can be introduced in trial

direct evidence

something introduced in a trial that does not require an interference to be drawn by the fact finder body

circumstantial evidence

evidence that requires the fact finder to interpret it and draw conclusions about its meaning

hearsay rule

a basic rule that disallows testimony from a person about which he or she has no personal knowledge

dying declaration

an exception to the hearsay rule that allows the dying words of a witness to a crime to be used in court

excited utterance

an exception to the hearsay rule- a statement made by a person during a shocking or upsetting event
words blurted out during the stress or excitement may be entered into court

reputation concerning character

an exception to the hearsay rule that allows witnesses to testify under oath about the reputation of a person's friends or acquaintances

rebuttal

in some criminal trials, the prosecutors have the last opportunity to speak during closing arguments
other forms of rebuttal may include evidence or argument

pattern jury instructions

language template to be used when charging the jury

beyond a reasonable doubt

the level of proof required for a criminal case conviction
refers to a reasonable person having no reasonable doubt that the defendant is guilty as charged

deliberation

process of deciding the guilt or lack of guilt of the defendant

deadlocked

a hung jury that is unable to reach an agreement regarding the guilt of a defendant
"hung jury"

mistrial

a courtroom trial that ends prior to its normal conclusion

Allen charge

additional instructions a judge may give to a deliberating jury to discourage a mistrial

acquitted

freeing someone from a criminal charge following a not guilty verdict

jury nullification

ability of a jury to ignore the law & acquit a guilty defendant

reading of verdict

following jury deliberation, a formal event in the courtroom in which the jury offers their verdict on the charge(s)

proportionality

a sentencing concept that indicates that the severity of sentencing should correspond to the severity of the crime committed

equity

a sentencing concept that emphasizes that similar crimes be punished in similar ways and with similar severity

social debt

a sentencing concept that takes into account an offender's criminal past

deterrence

sentencing goal that seeks to dissuade the offender & others in the public from committing crime

restoration

sentencing goal that addresses the harm done to victims, family, and friends of victims, & the community

pre-sentence investigation

an investigation that gathers information on extenuating circumstances& the criminal history of the defendant to be used when determining the severity of the sentence

indeterminate sentencing

system of sentencing that allowed greater judicial discretion

parole board

a board that reviews the prior acts & behavior of an inmate to determine when the prisoner is to be released from prison

determinate sentencing

a type of structured sentencing that is established by legislative statute & rules out the possibility of alternatives to prison
prisoners are given fixed sentences

Violent Crime Control & Law Enforcement Act

a 1994 law that requires prisoners to serve at least 85% of their sentences in order for states to qualify for federal financial aid

mandatory minimum

a form of structured sentencing that applies statute-based minimum sanctions to particular types of crime and/or when particular elements of a crime exist

sentencing guidelines

a type of structured sentencing based on criminal history & severity of the crime
usually presented in a grid format that dictates the sentence served

Federal Sentencing Guidelines Act

a 1984 law that eliminated federal parole release for federal prisoners & abolished almost all good time earned by a prisoner

three-strikes law

a type of mandatory minimum that mandates long (including life) prison terms for a third offense

death qualified

a part of voire dire in capital cases in which attorneys ascertain whether the prospective juror is suitable to sit on a case that may result in the death penalty

sequestered

the isolation of a jury

bifurcated trials

a double trial system used for capital cases
trial one is the guilt trial
trial two determines punishment

Crime Victims' Rights Act

a 2004 law that established numerous rights for crime victims in federal cases

victim bill of rights

adopted in many states; it offers rights to crime victims in that state

victim impact statement

a statement prepared by the victim or his or her family to inform the judge how the crime affected them physically, financially, emotionally, & psychologically

hung jury

a jury that is unable to reach an agreement regarding the guilt or innocence of the defendant
deadlocked jury