Term
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Definition
| IN CRIMINAL LAW, COURT PROCEEDINGS DURING WHICH A JUDGE, A JURY, OR BOTH LISTEN TO THE EVIDENCE AS PRESENTED BY THE DEFENSE AND THE PROSECUTION. |
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Term
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Definition
| IN A CRIMINAL CASE, A GROUP OF PEOPLE WHO HAVE BEEN SWORN IN TO LISTEN TO THE EVIDENCE DURING A TRIAL AND TO DECIDE WHETHER THE DEFENDANT IS GUILTY OR NOT GUILTY. |
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Term
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Definition
| "SMALL, MINOR, OR INCONSIDERATE." A TRIAL JURY, IN CONTRAST TO A GRAND JURY |
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Term
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Definition
| A CHALLENGE THAT MAY BE USED BY THE PROSECUTION OR THE DEFENSE TO EXCUSE A POTENTIAL JUROR FROM THE JURY PANEL. |
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Term
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Definition
| AN ACT CONSIDERED AS EMBARRASSING, HUMILITAING, OR AS UNDERMINING THE POWER OF THE COURT. |
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Term
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Definition
| A TRIAL THAT CANNOT STAND, THAT IS INVALID. |
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Term
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Definition
| A FORMAL DOCUMENT ISSUED BY THE COURT TO NOTIFY A PERSON THAT HIS OR HER PRESENCE IS REQUIRED IN COURT FOR A PARTICULAR REASON AT A SPECIFIED TIME AND DATE |
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Term
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Definition
| TO SPEAK THE TRUTH. THE PROCESS OF QUESTIONING PROSPECTIVE JURORS TO DETERMINE THEIR QUALIFICATIONS AND DESIRABILITY FOR SERVING ON A JURY. |
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Term
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Definition
| REAL EVIDENCE. THE KIND OF EVIDENCE THAT IS APPARENT THE SENSES, IN CONTRAST TO EVIDENCE PRESENTED BY THE TESTIMONY OF OTHER PEOPLE. |
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Term
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Definition
| SECONDHAND EVIDENCE OF WHICH THE WITNEESS DOES NOT HAVE PERSONAL KNOWLEDGE BUT MERELY REPEATS WHAT THE WITNESS SAYS HE OR SHE HEARD ANOTHER PERSON SAY. |
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Term
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Definition
| EVIDENCE OFFERED BY AN EYEWITNESS WHO TESTIFES TO WHAT HE OR SHE SAW ,HEARD, TASTED, SMELLED, OR TOUCHED. |
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Term
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Definition
| EVIDENCE THAT MAY BE INFERRED FROM A FACT OR A SERIES OF FACTS |
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Term
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Definition
| THE EXAMINATION OF A WITNESS, WHICH IS CONDUCTED BY THE ATTORNEY WHO CALLED THE WITNESS TO TESTIFY |
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Term
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Definition
| THE QUESTIONING OF A COURT WITNESS BY ADVERSARY COUNSEL AFTER ON ATTORNEY CONCLUDES THE DIRECT EXAMINATION. |
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Term
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Definition
| ERRORS MADE DURING LEGAL PROCEEDINGS THAT AFFECT THE RIGHTS OF PARTIES SUBSTANTIALLY AND THUS MAY RESULT IN TH REVERSAL OF A CASE. |
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Term
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Definition
| UPON A FINDING OF INSUFFICIENT EVIDENCE, THE JUDGE MAY DIRECT THE JURY TO RETURN A VERDICT OF NOT GUILTY. THE JUDGE MAY NOT DIRECT A VERDICT OF GUILTY. |
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Term
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Definition
| A CORNERSTONE OF TH ADVERSARY SYSTEM. IT PROVIDES THAT A DEFENDANT IS INNOCENT UNLESS AND UNTIL THE PROSECUTION PROVES GUILT BEYOND A REASONABLE DOUBT. |
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Term
| BEYOND A REASONABLE DOUBT |
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Definition
| THE STANDARD FOR EVIDENCE REQUIRED FOR A CONVICTION IN AN ADULT CRIMINAL COURT OR A JUVENILE COURT. A LACK OF UNCERTAINTY. THE FACTS PRESENTED TO THE JUDGE OR JURY ARE SUFFICIENT TO LEAD A REASONABLE PERSON TO CONCLUDE WITHOUT QUESTION THAT THE DEFENDANT COMMITTED THE ACT FOR WHICH HE OR SHE IS CHARGED. |
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Term
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Definition
| THE PUNISHMENT THAT THE COURT IMPOSES ON A CONVICTED OFFENDER. |
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Term
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Definition
| A SENTENCE TO CONFINEMENT WITHOUT A DEFINITE TERM. PAROLE BOARDS OR PROFESSIONALS DETERMINE WHEN THE OFFENDER SHOULD BE RELEASED. |
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Term
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Definition
| THE NORMAL SENTENCE IS SPECIFIED BY STATUTE FOR EACH OFFENSE. JUDGES ARE PERMITTED TO DEVIATE FROM THAT SENTENCE BUT USUALLY MAY DO SO ONLY UNDER SPECIFIED CIRCUMSTANCES OR MUST GIVE REASONS FOR THE DEVIATION. |
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Term
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Definition
| A SENTENCE HAVING A LENGTH IMPOSED BY THE LEGISLATURE, WITH NO DISCRETION GIVEN TO THE TRIAL JUDGE. IF THE DEFENDANT IS CONVICTED, THE SPECIFIED SENTENCE MUST BE IMPOSED. |
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Term
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Definition
| A SENTENCE FOR A SPECIFIC CRIME AND DETERMINED BY THE LEGISLATURE. THE PAROLE BOARD, CORRECTIONAL OFFICIALS, OR A JUDGE CANNOT MAKE CHANGES IN THE SENTENCE LENGTH. IN SOME JURISDICTIONS, THE TRIAL JUDGE MAY HAVE THE POWER TO SUSPEND THE THE SENTENCE OR TO IMPOSE PROBATION RATHER THAN THE LEGISLATIVE SPECIFIED PRISON TERM. |
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Term
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Definition
| CREDIT RESULTING IN A REDUCTION OF PRISON TIME. AWARDED FOR SATISFACTORY BEHAVIOR IN PRISON. |
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Term
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Definition
| CIRCUMSTANCES THAT DO NOT JUSTIFY OR EXCUSE A CRIME BUT THAT, BECAUSE OF JUSTICE AND FAIRNESS, MAKE THE CRIME LESS REPREHENSIBLE. |
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Term
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Definition
| CIRCUMSTANCES THAT ARE ABOVE AND BEYOND THOSE REQUIRED FOR THE CRIME BUT THAT MAKE THE CRIME MORE SERIOUS. MAY BE USED IN REFERENCE TO MANY CRIMES, BUT THE CONCEPT IS CRITCAL PARTICULARLY IN CAPITAL PUNISHMENT CASES, WHERE IT IS REQUIRED |
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Term
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Definition
| AN ACT BY A STATE GOVERNOR OR THE U.S. PRESIDENT THAT EXEMPTS A CONVICTED OFFENDER FROM PUNISHMENT OR, IN THE CASE OF THOSE ALREADY SERVING TERMS, FUTHER PUNISHMENT AND REMOVES THE LEGAL CONSEQUENCES OF THE CONVICTION |
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Term
| PRESENTENCE INVESTIGATION (PSI) |
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Definition
| AN INVESTIGATION OF THE BACKGROUND AND CHARACTERISTICS OF THE DEFENDANT. IT MAY INCLUDE INFORMATION THAT WOULD NOT BE ADMISSIBLE AT THE TRIAL. IT IS PRESENTED TO THE JUDGE TO BE USED IN DETERMING SENTENCE. |
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Term
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Definition
| A SENTENCE FOR MOR THAN ONE OFFENSE SERVED AT THE SAME TIME. |
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Term
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Definition
| A TERM OF IMPRISONMENT FOR MORE THAN ONE OFFENSE THAT MUST BE SERVED ON FOLLOWING THE OTHER |
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Term
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Definition
| THE PAYMENT OF A SUM OF MONEY TO A COURT BY THE CONVICTED DEFENDANT IN ADDITION TO OR INSTEAD OF OTHER PUNISHMENT(S) |
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Term
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Definition
| PUNISHMENT THAT REQUIRES AN OFFENDER TO REPAY THE VICTIM WITH SERVICES OR MONEY. THIS PUNISHMENT MAY BE IMPOSED INSTEAD OF OR IN ADDITION TO OTHER PUNISHMENT OR FINES AND MAY BE A REQUIRMENT OF PAROLE. |
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Term
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Definition
| PUNISHMENT ASSIGNING THE OFFENDER TO COMMUNITY SERVICE OR WORK PROJECTS. SOMETIMES, IT IS COMBINED WITH RESTITUTION OR PROBATION. |
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Term
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Definition
| PHYSICAL PUNISHMENT, SUCH AS BEATINGS OR WHIPPING |
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Term
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Definition
| PUNISHMENT BY DEATH FOR THOSE CONVICTED OF CAPITAL CRIMES |
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Term
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Definition
| IMPRISONMENT IN A JAIL, A PRISON, OR ANOTHER TYPE OF PENAL INSTITUTION. |
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Term
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Definition
| INEQUALITIES AND DIFFERCES IN SENTENCING AS, FOR EXAMPLE, WHEN PEOPLE FOUND GUILT OF THE SAME CRIME RECIEVE SENTENCES VARYING IN LENGTH AND TYPE, WITHOUT REASONABLE JUSTIFICATION FOR THOSE DIFFERENCES. |
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Term
| THREE STRIKES AND YOU'RE OUT |
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Definition
| LEGISLATION ENACTED IN RECENT YEARS AND DESIGNED TO IMPOSE SENTENES ON PERSONS WHO COMMIT THREE OR MORE SERIOUS CRIMES. |
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Term
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Definition
| THE CONCEPT REQUIRING THAT ACTUAL TIME SERVED BY OFFENDERS IS CLOSER TO THE TIME ALLOCATED FOR THE SENTENCE. |
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