intro to law unit 5 Pretrial and trial process

arraignment

a court session at which a defendant is charged and enters a plea. For a misdemeanor this is also the defendant's initial appearance, at which the judge informs him or her of the charges and sets the bail

booking

the formal process of making a police record of an arrest

double jeopardy

a defendant cannot be prosecuted a second time for the same crime. This limit on government power is based on the Fifth Amendment

due process

the idea stated in the Fifth and Fourteenth Amendments that every person involved in a legal dispute is entitled to a fair hearing or trial. The requirements of due process vary with the situation, but they basically require notice and an opportunity to be heard.

for-cause challenge

a lawyer's request that a potential juror be eliminated for some specific reason, for example, if a juror knew the defendant or the victim in the case

grand jury

a group of 16 to 23 people who hear preliminary evidence to decide whether there is sufficient reason to formally charge a person with a crime

indictment

a grand jury's formal charge or accusation of criminal action

indigent

term used to describe a defendant who does not have the financial means to hire an attorney

[prosecutors] information

a prosecuting attorney's formal accusation of the defendant, detailing the nature and circumstances of the charge

mistrial

the termination of a trial before its normal conclusion because of procedural error; statements by a witness, judge, or attorney which prejudice a jury; a deadlock by a jury without reaching a verdict after lengthy deliberation (a "hung jury"); or the failure to complete a trial within the time set by the court. A new trial must be ordered and the case starts over from the beginning

nolo contendere

Latin phrase meaning "no contest"; a defendant's plea to criminal charges that does not admit guilt but also does not contest the charges. It is equivalent to a guilty plea, but cannot be used as evidence in a later civil trial for damages based on the same facts

peremptory challenge

part of the pretrial jury selection. Attorneys on opposing sides may dismiss a certain number of possible jurors without giving any reason. There is one exception: peremptory challenges cannot be used to discriminate based on race

personal recognizance

a release from legal custody based on a defendant's promise to show up for trial. An alternative to cash bail, this practice is used if the judge decides that the defendant is likely to return

plea bargaining

in a criminal case, the negotiations between the prosecutor, defendant, and defendant's attorney. In exchange for the defendant agreeing to plead guilty, the prosecutor agrees to charge the defendant with a less serious crime, which usually results in a lesser punishment

preliminary hearing

pretrial proceeding at which the prosecutor must prove that a crime was committed and establish the probable guilt of the defendant. If the evidence presented does not show probable guilt, the judge may dismiss the case

pretrial motion

a document by which a party asks the judge to make a decision or take some action before the trial begins

subpoena

a court order to appear in court or turn over documents on a specified date and time

voir dire

from the French phrase meaning "to speak the truth." It is the screening process in which opposing lawyers question prospective jurors to ensure as favorable or as fair a jury as possible