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Courts Chapter 13

Terms in this set (59)

acquittal
the decision of the judge or jury that the defendant is not guilty
Allen charge
a type of jury instruction in which a judge strongly encourages deadlocked jurors to continue deliberations until a verdict is reached
alternate jurors
jurors chosen in excess of the minimum number needed, in case one or more jurors is unable to serve for the entire trial
bench trial
trial before a judge without a jury
best-evidence rule
rule requiring that someone coming into court must bring the best available original evidence to prove the questions involved in the case
burden of persuasion
the level or quantum of evidence necessary to convince a judge or jury of the existence of some fact in dispute.
-criminal cases: must be proved beyond a reasonable doubt
burden of production
the responsibility of a party in a legal action to introduce sufficient evidence in support of an assertion such that a factual decision needs to be made at a trial or hearing to determine the truth of the assertion, as opposed to having a court summarily reject the assertion on the grounds of insufficient proof
burden of proof
the requirement to introduce evidence to prove an alleged fact or set of facts
chain of custody
the chronological documentation of the seizure, control, transfer, analysis, and disposition of evidence
challenge for cause
method for excusing a potential juror because of specific reasons such as bias or prejudgement; can be granted only by the judge
change of venue
the removal of a case from one jurisdiction to another. It is usually granted if the court believes that, due to prejudice, a defendant cannot receive a fair trial in the area where the crime occurred
charging conference
meeting attended by prosecutor, and defense attorney during which the judge's instructions to the jury are discussed (?)
-book says judge is there, Rondini says judge is not there
circumstantial evidence
an indirect method of proving the material facts of a case; testimony that is not based on the witness's personal observation of the material events
closing argument
statement made by an attorney at the end of the presentation of evidence in which the attorney summarizes the case for the jury
contempt of court
the failure or refusal to obey a court order; may be punished by a fine or imprisonment
cross-examiniation
at trial, the questions of one attorney put to a witness called by the opposing attorney
CSI effect
the phenomenon in which technology has heightened juror expectations and demands for scientific evidence. anecdotal evidence suggests that this effect causes jurors to wrongfully acquit guilty defendants when no scientific evidence is presented, a claim not supported by empirical research
demonstrative evidence
evidence created for demonstration purposes at trial, such as photos, maps, and computer simulations
direct evidence
evidence derived from one or more of the five senses
direct examination
the questioning of witnesses, using primarily open-ended questions, to adduce evidence as part of a party's case-in-chief
evidence
any kind of proof offered to establish the existence or nonexistence of a fact in dispute--for example, testimony, writing, other material objects, or demonstrations
extralegal factors
factors, such as race, ethnicity, sex, and socioeconomic status, that are associated with different types of treatment by the criminal justice system even though they are not supposed to affect case processing, outcomes, and sentences
gag order
a judge's order that lawyers, witnesses, or members of law enforcement not discuss the trial with outsiders
hearsay
an out-of-court assertion or statement, made by someone other than the testifying witness, which is offered to prove the truth of testimony. Hearsay evidence is excluded from trials unless it falls within one of the recognized exceptions and does not otherwise violate the Sixth Amendment's Confrontation Clause
hung jury
a jury that is unable to reach a verdict
impeach
to question the truthfulness of a witness's testimony
irrelevant
testimony that has no bearing on the issue of a trial
jury consultations
professionals who assist lawyers in selecting juries through the use of behavioral scientific principles and techniques
jury deliberations
the action of a jury in determining the guilt or innocence, or the sentence, or a defendant
jury instructions
directions given by a judge to the members of the jury informing them of the law applicable to the case
jury nullification
the idea that juries have the right to refuse to apply the law in criminal cases despite facts that leave no reasonable doubt that law was violated
master jury list
a list of potential jurors in a court's district, form which a representative cross section of the community in which an alleged crime was committed can be selected for a trial. It is usually compiled from multiple sources, such as voter registration lists, driver's license lists, utility customer lists, and telephone directories. aka "jury wheel" or "master wheel"
mistrial
invalid trial (can result by a hung jury or other factors)
motion for judgement of acquittal
a motion made by a criminal defendant at the close of the government's case (or at the close of all evidence) that asks a judge to enter a verdict of "not guilty" because no legally sufficient evidentiary basis has been established on which a reasonable jury could return a guilty verdict
objection
the act of taking exception to a statement or procedure during a trial
opening statement
address made by attorneys for both parties at the beginning of a trial in which they outline for the jury what they intend to prove in the case (no evidence is presented)
peremptory challenge
method for excusing a potential juror without cause, so long as the reasons for doing so are not based on racial or gender discrimination
petit jury
a trial jury, as distinguished from a grand jury
petty offense
a minor criminal offense that does not entitle the defendant to a trial by jury
postverdict motions
various motions made by the defense after a jury conviction in hopes of gaining a new trial
prejudicial pretrial publicity
prejudicial information, often inadmissible at trial, that is circulated by the news media before a trial and that reduces the defendant's chances of a trial before an impartial jury
presumption of innocence
presumption that whenever a person is charged with a crime, he or she is innocent until proven guilty. the defendant is presumed to be innocent, and the burden is on the state to prove guilt beyond a reasonable doubt
presumption of sanity
the rebuttable presumption that a criminal defendant was legally sane at the time of the commission of the crime(s) for which he or she is charged. To overcome this presumption, most US jurisdictions require the defense to prove that the defendant was insane by clear and convincing evidence.
real evidence
objects, such as fingerprints, seen by the jury
reasonable doubt
the state of mind of jurors when they are not firmly convinced of a defendant's guilt because they think there is a real possibility that he or she is not guilty
rebuttal
the introduction of contradictory evidence
rules of evidence
rules that govern whether, when, how, and for what purposes certain forms of proof may be placed before the trier-of-fact for consideration at a hearing or trial
scientific evidence
the formal results of forensic investigatory and scientific techniques
scientific jury selection
the use of social scientific techniques and expertise to select venirepersons to serve as petit jurors who are likely to be favorably disposed to one's side of a case
self-incrimination
forcing a suspect to provide evidence against himself or herself; prohibited by the fifth amendment
sequester
to isolate members of a jury form the community until they have reached a final verdict
statutory exemptions
rules adopted by legislatures exempting certain types of persons or occupations from jury duty
summons
a legal document ordering an individual to appear in court at a certain time on a certain date
tabula rasa
Latin for "blank slate," it is a largely discredited view of jury decision making that posits that jurors come to trials without any preconceived notions that would interfere with their abilities to deliberate to a verdict based solely on the evidence presented in court
testimonial evidence
the giving of evidence by a witness under oath
venire
a group of citizens from which members of the jury are chosen
venue
the geographic location of a trial, which is determined by constitutional or statutory provisions
verdict
the decision of a trial court
voir dire
French legal phrase meaning "to speak the truth."
The process by which prospective jurors are questioned to determine whether there is cause to excuse them from the jury
THIS SET IS OFTEN IN FOLDERS WITH...