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what is the adversarial process

Lawyers for each side represent their clients' best intersts in presenting evidence and formulating arguments as a means to discover the truth and protect the rights of defendants

how many members make up the jury in most states


what are the roles of the prosecutor

- trial counsel for police
- house couensel for police
- representative of the court
- elected official

probable cause

an amount of reliable information indicating that it is more likely than not that evidence will be found in a specific location or that a specific person is guilty of a crime

Voir Dire

Challenge four cause- a prospective juror is removed for showing bias or some other legal disability

Peremptory challenge- a prospective juror is removed without attorneys giving any reason

specific deterrence

yourself is used to deter punishment

general deterrence

a whole group of people are used to deter punishment


a prosecutors pretrial disclosure to the defense of facts and evidence to be introduced

alternatives to bail

-release on recognizance
-percentage bail
-bail guidelines
-preventive detention


a written order directing an alleged offender to appear in court at a specific time to anser a criminal charge

Release on Recognizance (ROR)

pretrial release granted on the defendants promise to apper in court

precentage bail

-defendants may deposit a percentage of the full bail with the court
-the full amount of bail is required if the defendant fails to appear
-the percentage of bail is returned after disposition

bail guidelines

specify the standards judges should use in setting bail and also list appropriate amounts

preventative detention

holding a defendant for trial, based on a judges finding that if the defendant were released on bail, he or she would endanger the safety of others or would flee

furman v georgia

the death penalty, as administered, constitutes cruel and unusual punishment

gregg v georgia

death penalty laws are constitutional if they require the judge and jury consider certain mitigating and aggravating circumstances in deciding which convicted murderers should be sentenced to death.

Mcclesky v kemp

the supreme court rejects a challenge of georgias death penalty on grounds of racial discrimination

roper v simmons

execution of offenders for crimes commited while under the age of 18 is unconstitutional

habeas corpus

a writ or judicial order requesting the release of a persong being detained in a jail, a prison, or mental hospital. If a judge finds the person being help improperly, the writ is granted and the person is released.

nolle prosequi

an entry, made by a prosecutor on the record of a case and announced in court, indicating that the charges are specified will not be prosecuted. In effect, the charges are thereby dismissed.

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