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Legal Procedures and Criminal Trial
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Suppression Hearing
A pretrial hearing to decide whether certain evidence should be kept out of the trial for reasons such as being illegally obtained.
Mistrial
Declared when a trial is not successfully completed, usually due to a hung jury, procedural error, or extreme misconduct during the trial.
Plea Bargaining
Negotiation process between the defendant and prosecutor, where the defendant may agree to plead guilty in exchange for a lesser charge or lighter sentence.
Preliminary Hearing
Purpose is to determine if there is enough evidence to require a trial. This hearing is not available in all jurisdictions.
First Appearance
Purpose is to inform the defendant of the charges and their rights, and possibly set bail. This takes place shortly after arrest.
Pretrial Motions
Legal motions filed by defense or prosecution to set procedural ground rules, such as motioning to suppress evidence or to dismiss parts of the case.
Jury Selection
Process where the defense and prosecution select jurors who will not be biased and will fairly weigh the evidence.
Booking
After arrest, the suspect's personal information and the details of the alleged crime are recorded in the police station.
Direct Examination
This occurs when a witness is questioned by the lawyer who called them to the stand, to establish the facts supporting their case.
Verdict
The formal decision made by the jury, read by the foreperson, whether the defendant has been found guilty or not guilty of the charges.
Opening Statements
Purpose is for both sides to present the jury with a summary of what they expect the evidence will show during the trial.
Bench Trial
A trial without a jury, where the judge serves as the fact-finder and decides the case.
Change of Venue
Legal request to move the trial to a different location to avoid bias from pretrial publicity or a jury pool believed to be prejudiced.
Double Jeopardy
Legal principle that prevents an accused person from being tried again on the same (or similar) charges following a legitimate acquittal or conviction.
Cross-Examination
Process where the opposing counsel questions a witness called by the other side to challenge their credibility and the truth of their testimony.
Closing Arguments
Concluding statements by each party's legal counsel, summarizing the evidence and making a final appeal to the jury for a verdict in their favor.
Arraignment
The formal process where the defendant is asked to plead to the charge: guilty, not guilty, or no contest.
Presentation of Evidence
Prosecution and defense present evidence to prove guilt or innocence. This includes witness testimony, physical evidence, and expert opinions.
Jury Instructions
The judge gives the jury the set of legal standards it must follow when deciding the case.
Sentencing Hearing
Occurs if the defendant is found guilty; the judge determines the punishment based on the guidelines, evidence, and sometimes input from the victims.
Continuance
A request to postpone a trial or hearing to a later date, generally to allow for more time to prepare for the case.
Appeal
The process where the defendant can challenge the legal validity of the conviction or sentencing, alleging legal errors in the trial process.
Arrest
Purpose is to lawfully detain a suspect of a crime. This process often involves an arrest warrant unless there is probable cause.
Bail Hearing
A judicial process to determine whether the defendant can be released from custody before trial, and if so, under what financial conditions.
Jury Deliberation
The process by which the jury discusses in private the evidence presented in the trial and votes to reach a verdict.
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