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| Supreme court ruling in Riverside, California v. McLaughlin that a defendant must be brought before a magistrate within 48 hours of his or her arrest |
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| Hearing at which felony defendants are informed of the charges and their rights and given an opportunity to enter a plea |
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| Money or a cash bond deposited with the court or bail bondsman allowing the defendant to be released on the assurance that he or she will appear in court at the proper time |
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| Person who guarantees court payment of the full bail amount if the defendant fails to appear |
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| Use of a grid to plot a defendant's personal and offense characteristics to determine probability of an appearance |
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| Act providing for release on recognizance (ROR) in noncapital federal cases when it is likely that the defendant will appear in court at required hearings |
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| Act extending the opportunity for release on recognizance (ROR) in many federal cases but also providing for preventive detention without bail of dangerous suspects |
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| First 10 amendments to the U.S. Constitution |
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| Courts of General Jurisdicition |
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| Courts usually referred to as the lower or inferior courts, which are limited to hearing only specific kinds of cases |
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| Legal motion to reveal to the defense the basis of the prosecutor's case |
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| The U.S. Supreme Court ruling that gave every person charged with a felony the right to an attorney |
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| A group of citizens who are called upon to investigate the conduct of public officials and agencies and criminal activity in general and to determine whether probable cause exists to issue indictments |
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| Admission of guilt to the crime charged |
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| Defendant's first appearance in court, at which the charge is read, bail is set, and the defendant is informed of his or her rights |
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| The power of the U.S. Supreme Court to review and determine the constitutionality of acts of Congress and orders by the executive branch |
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| Act created by the First Congress establishing the basic structure of the federal court system |
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| Justice of the Peace (JP) Courts |
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| Courts first established in the American colonies to hear minor criminal cases |
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| U.S. Supreme Court case that established the principle of judicial review |
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| Plea of no contest; essentially the same as a guilty plea except that the defendant neither admits nor denies the charge |
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| Not Guilty by Reason of Insanity Plea |
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| Plea in which the defendant does not deny committing the crime but claims that he or she was insane at the time of the offense and, therefore, is not criminally responsible |
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| Defendant's response to a criminal charge |
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| Negotiation between a prosecutor and a defense attorney in which they seek to arrive at a mutually satisfactory disposition of a case without going to trial |
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| Early hearing to review charges, set bail, present witnesses, and determine probable causes |
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| Release of a defendant from custody while he or she is awaiting trial |
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| Practice of holding a defendant in custody without bail if he or she is deemed likely to abscond or commit further offenses if released |
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| Specialized local courts of general jurisdiction designed to address a variety of problems, including DUIs and drugs |
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| Release on Recognizance (ROR) |
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| Personal promise by the defendant to appear in court; does not require a monetary bail |
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| Indictment issued by a grand jury charging a person with a crime; similar to a prosecutor's filing of an information |
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| Highest appellate court in the U. S. judicial system; it reviews cases appealed from federal and state court systems that deal with constitutional issues |
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| U.S. Supreme Court ruling that the preventive detention provisions of the Bail Reform Act of 1984 were constitutional |
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| Order by the U.S. Supreme Court to a lower court to send up a certified record of the lower court decision to be reviewed |
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| Assertion that the defendant was somewhere other than the crime scene at the time the crime was committed |
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| Trial before a judge alone; an alternative to a jury trial |
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| Challenge by the prosecutor or the defense to dismiss a person from a jury panel for a legitimate cause |
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| Judge's instructions to the jury, which are intended to guide the jury's deliberations |
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| Testimony by a witness that requires jurors to draw a reasonable inference |
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| The final presentation of arguments to the jury |
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| Questioning of a witness by counsel after questions have been asked by the opposing counsel |
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| Testimony be an eyewitness to the crime |
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| Once a person has been tried and acquitted of a criminal charge, he or she may not be recharged and retried for the same offense |
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| A judicial order to bring a person immediately before the court to determine the legality of his or her detention |
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| An error, defect, irregularity, or variance that does not affect substantial rights of the defendant |
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| Testimony involving information the witness was told but has no direct knowledge of |
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| A jury that is deadlocked and cannot reach a verdict. As a result, the judge may declare a mistrial |
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| A defense motion for dismissal of a case based on the claim that the prosecution failed to establish that a crime was committed or that the defendant committed it |
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| When juries decide to be finders of the law, not just guilt or innocence |
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| The master list of community members who are eligibile to be called for jury duty |
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| The initial presentation of the outline of the prosecution's and the defense's cases to the jury |
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| A challenge by the defense or the prosecution to excuse a person from a jury panel without having to give a reason |
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| Preponderance of the Evidence |
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| More likely than not; greater that 50% |
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| Presumption of Innoncence |
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| The notion that a person is presumed to be innocent unless proved guilty beyond a reasonable doubt |
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| A written or oral request to a judge for a ruling or action before the beginning of a trial |
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| Physical evidence introduced at the trial |
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| The requirement that the jury (or the judge in the case of a bench trial) must find the evidence entirely convincing and must be satisfied beyond a moral certainty of the defendant's guilt before returning a conviction |
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| The presentation of additional witnesses and evidence by the prosecutor in response to issues raised in the defense's presentation of witnesses |
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| Questioning by the defense of witnesses who were presented by the prosecutor during rebuttal |
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| Sworn testimony of witnesses who are qualified to speak about specific real evidence |
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| A group of people who are selected from the jury pool and notified to report for jury duty |
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| Preliminary examination by the prosecution and defense of potential jurors |
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| Supreme Court ruling that the death sentence is not a suitable punishment for a mentally retarded criminal, and that to execute such a person would be a violation of the Eighth Amendment's prohibition of cruel and unusual punishment |
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| Two-stage trial: the first stage determines guilt, and the second stage determines the sentence |
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| Two or more prison sentences to be served at the same time |
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| Two or more prison sentences to be served one after the other |
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| A prison sentence with a fixed term of imprisonment |
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| A punishment philosophy based on the belief that punishing offenders will deter crime |
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| Supreme Court ruling that the death penalty, as applied at that time, was unconstitutional |
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| Punishing offenders to discourage others from committing crimes |
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| Supreme Court ruling that the death penalty was constitutional under a state statute requiring the judge and the jury to consider both aggravating and mitigating circumstances |
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| A punishment aimed at removing offenders from the community through imprisonment or banishment |
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| A prison sentence that identifies a minimum number and a maximum number of years to be served by the offender; the actual release date is set by a parole board of the institution |
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| Mandatory Minimum Sentences |
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| Enhanced or longer mandatory prison terms |
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| A requirement that an offender must be sentenced to prison |
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| Presentence Investigation (PSI) |
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| A comprehensive report including information on the offender's background and offense and any other information the judge desires to determine an appropriate sentence |
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| The use of ranges- that is, minimum number and maximum number of years of incarceration- to set punishments for types of particular crimes. The judge determines the number of years to be served from within this range |
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| A punishment philosophy based on the belief that the severity of the punishment should fit the seriousness of the crime |
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| A sentencing objective aimed at reforming an offender through treatment, education, or counseling |
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| A punishment philosophy based on society's moral outrage or disapproval of the crime |
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| Supreme Court ruling that the death penalty for anyone who was younger than age 18 at the time of a crime's commission is unconstitutional |
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| Differences in sentencing outcomes based on illegitimate, morally objectionable, or extralegal factors |
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| Differences in sentencing outcomes in cases with similar case attributes |
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| Sentencing schemes that limit judicial discretion; the offender's criminal background and the severity of the current offense are weighed to determine the sentence |
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| A court hearing to determine an appropriate sentence, which is typically scheduled within 3 to 6 weeks after the offender's conviction |
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| Punishing offenders to prevent them from committing new crimes |
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| Laws that provide a mandatory sentence of incarceration for persons who are convicted of a third separate serious criminal offense |
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| A more severe sentence after having been convicted at trial than would have been produced by pleading guilty |
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| Truth-in-Sentencing (TIS) |
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| Laws that require offenders, especially violent offenders, to serve at least 85% of their sentences |
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| Victim Impact Statement (VIS) |
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| A statement informing the sentencing judge of the physical, financial, and emotional harm suffered by the crime victim or his or her family |
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| A landmark United States Supreme Court decision. The first case in which the Supreme Court ruled a state law unconstitutional, the decision also helped create a growing precedent for the sanctity of legal contracts, and hinted that Native Americans did not hold title to their own lands |
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| Extended the right to cover defendants charged with misdemeanors who faced the possibility of a jail sentence |
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| An eyewitness, character witness, or other person called on to testify who is not considered an expert |
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| A person who has special knowledge and skills recognized by the court as relevant to the determination of guilt or innocence |
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| Accepting a guilty plea from a defendant who maintains his/her innocence is valid |
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| A 6 person jury is allowable for criminal cases |
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| Prohibits the death penalty in cases of rape |
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| One must prove that purposeful discrimination which and a discriminatory effect on him in his particular trial |
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