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The American System of Criminal Justice
Chapter 11 Determination of Guilt: Plea Bargaining and Trials
20
Law
Undergraduate 1
03/29/2010

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Term
local legal structure
Definition
norms, shared by members of a court community, that center on how cases should be handled and how a participant should behave in the judicial process.
Term
going rate
Definition
local court officials' shared view of the appropriate sentence for the offense, based on the defendant's prior record and other case characteristics.
Term
continuance
Definition
an adjournment of a scheduled case until a later date.
Term
workgroup
Definition
a collection of individuals who interact in the workplace on a continuing basis, share goals, develop norms regarding how activities should be carried out, and eventually establish a network of roles that differentiates the group from others and that facilitates cooperation.
Term
jury
Definition
a panel of citizens selected according to law and sworn to determine matters of fact in a criminal case and to deliver a verdict of guilty or not guilty.
Term
bench trial
Definition
trial conducted by a judge who acts as fact finder and determines issues of law. No jury participates.
Term
voir dire
Definition
a questioning of prospective jurors in order to screen out people the judge or attorneys think might be biased or otherwise incapable of delivering a fair verdict.
Term
challenge for cause
Definition
removal of a prospective juror by showing that he or she has some bias or some other legal disability.
Term
peremptory challenge
Definition
removal of a prospective juror without giving any reason.
Term
real evidence
Definition
physical evidence such as weapons, records, fingerprints, stolen property - objects usually involved in the crime.
Term
demonstrative evidence
Definition
evidence that is based on witness testimony but demonstrates information relevant to the crime, such as maps, x-rays, and photographs; includes real evidence involved in the crime.
Term
testimony
Definition
oral evidence provided by a legally competent witness.
Term
direct evidence
Definition
eyewitness accounts.
Term
circumstantial evidence
Definition
evidence, provided by a witness, from which a jury must infer a fact.
Term
reasonable doubt
Definition
the standard used by a juror to decide if the prosecution had provided enough evidence for conviction.
Term
appeal
Definition
a request to a higher court that it review actions taken in a completed lower court case.
Term
habeas corpus
Definition
a writ or judicial order requesting the release of a person being detained in a jail, prison, or mental hospital.
Term
nolo contendere
Definition
no contest - does not admit guilt
Term
ARCrP Rule 32.1
Definition
Petit jury panels are given written questionnaire. Include: age, marital status, extent of education, occupation, prior juror service, etc.
Term
6th Amendment
Definition
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.
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