Const. Law & Rules Probable Cause, The Exclusionary Rule & Grand Jury

Plea bargain

An agreement between a defendant and a prosecutor to settle a criminal case.

Pre-trial motion

A formal request to a judge to make a ruling on a criminal case before trial.

Venire

A group of prospective jurors assembled according to procedures established by law.

Voir dire

A process in which prospective jurors are questioned to determine whether there are grounds for challenge.

Challenge for cause

A challenge for the dismissal of a juror based on causes specified by law.

Peremptory challenge

The dismissal of a prospective juror for reasons that need not be stated.

Direct-examination

Examination of a witness by the prosecutor.

Cross-Examination

Examination of a witness by the defense lawyer.

Redirect examination

Examination following cross-examination conducted by the prosecutor.

Recross-examination

Examination following redirect examination conducted by the defense lawyer.

Rebuttal evidence

Evidence presented to destroy the credibility of witnesses or any evidence presented by the other side in a case.

Motion

A request made orally or in writing, asking the judge for a legal ruling on something related to a case.

Prima facie case

A case that is strong enough to prevail if it is not contradicted by the opposing party.

Motion for a mistrial

A motion filed seeking for the trial to be declared invalid before it is completed alleging improper conduct.

Instructions to the jury

The trial judge must instruct the jury properly on all general principles of law relevant to the charge and the issues raised by the evidence.

Jury deliberation

The process where the foreperson of the jury is elected immediately after instructions and moves to the jury room.

Double shot/jeopardy

Legal concept indicating that a prosecutor only gets one opportunity to convict.

Bench trial

A trial where a judge makes the final decision instead of a jury.

Death Penalty in New Jersey

New Jersey abolished the death penalty in 2007; it was previously carried out by electric chair.

Sentencing hearing

The proceeding where the judge decides what the sentence should be.

Aggravating factors

Circumstances that make a crime worse.

Mitigating factors

Circumstances that make a crime less serious.

Pre-sentence report

A legal document that assists judges in deciding on a sentence for a convicted criminal.

Motion to suppress evidence

A request to exclude evidence from a criminal trial, typically filed by the defense attorney before trial.

Judge-made rule

A rule crafted by judges that is not found in the constitution.

Exclusionary rule

Prohibits evidence obtained in violation of the Fourth Amendment from being used in a trial.

Members of New Jersey’s Grand Jury

A grand jury consists of 23 members.

Criminal Petit Jury

A petit jury consists of 12 members.

Proof required by Prosecutor in Grand Jury

The prosecutor must show probable cause.

Majority vote standard in Grand Jury

The vote must be more likely than not, typically 51:49.

Standard proof for Petit Jury

The standard is beyond a reasonable doubt Petit Jury

Three probable cause decision contributors

Law enforcement officials, judicial officials, and the grand jury (a group of citizens).

Fourth Amendment

Searches and seizures.

Origin of the exclusionary rule

Derived from Judge-made rules.

Decision standard for probable cause

The reasonable person standard.

Warrants and probable cause

The requirement for obtaining a warrant based on probable cause.

Grand jury historical origin

The grand jury system originates from England.

Participants allowed in the grand jury room

The prosecutor, chairperson, court stenographer, and the defendant.

Excluded from the grand jury room

The defense lawyer is not allowed in the grand jury room.

Document produced by the grand jury

An indictment is issued if probable cause is found.

Outcome if no probable cause is found by grand jury

The case is 'no billed,' or a no bill of indictment.

Law enforcement five senses

Law enforcement utilizes sight, hearing, smell, taste, and touch.