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Legal Procedures and Criminal Trial

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Suppression Hearing

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A pretrial hearing to decide whether certain evidence should be kept out of the trial for reasons such as being illegally obtained.

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Mistrial

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Declared when a trial is not successfully completed, usually due to a hung jury, procedural error, or extreme misconduct during the trial.

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Plea Bargaining

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Negotiation process between the defendant and prosecutor, where the defendant may agree to plead guilty in exchange for a lesser charge or lighter sentence.

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Preliminary Hearing

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Purpose is to determine if there is enough evidence to require a trial. This hearing is not available in all jurisdictions.

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First Appearance

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Purpose is to inform the defendant of the charges and their rights, and possibly set bail. This takes place shortly after arrest.

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Pretrial Motions

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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.

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Jury Selection

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Process where the defense and prosecution select jurors who will not be biased and will fairly weigh the evidence.

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Booking

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After arrest, the suspect's personal information and the details of the alleged crime are recorded in the police station.

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Direct Examination

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This occurs when a witness is questioned by the lawyer who called them to the stand, to establish the facts supporting their case.

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Verdict

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The formal decision made by the jury, read by the foreperson, whether the defendant has been found guilty or not guilty of the charges.

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Opening Statements

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Purpose is for both sides to present the jury with a summary of what they expect the evidence will show during the trial.

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Bench Trial

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A trial without a jury, where the judge serves as the fact-finder and decides the case.

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Change of Venue

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Legal request to move the trial to a different location to avoid bias from pretrial publicity or a jury pool believed to be prejudiced.

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Double Jeopardy

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Legal principle that prevents an accused person from being tried again on the same (or similar) charges following a legitimate acquittal or conviction.

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Cross-Examination

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Process where the opposing counsel questions a witness called by the other side to challenge their credibility and the truth of their testimony.

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Closing Arguments

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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.

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Arraignment

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The formal process where the defendant is asked to plead to the charge: guilty, not guilty, or no contest.

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Presentation of Evidence

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Prosecution and defense present evidence to prove guilt or innocence. This includes witness testimony, physical evidence, and expert opinions.

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Jury Instructions

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The judge gives the jury the set of legal standards it must follow when deciding the case.

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Sentencing Hearing

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Occurs if the defendant is found guilty; the judge determines the punishment based on the guidelines, evidence, and sometimes input from the victims.

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Continuance

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A request to postpone a trial or hearing to a later date, generally to allow for more time to prepare for the case.

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Appeal

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The process where the defendant can challenge the legal validity of the conviction or sentencing, alleging legal errors in the trial process.

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Arrest

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Purpose is to lawfully detain a suspect of a crime. This process often involves an arrest warrant unless there is probable cause.

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Bail Hearing

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A judicial process to determine whether the defendant can be released from custody before trial, and if so, under what financial conditions.

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Jury Deliberation

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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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