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Criminal Procedure

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Dismissal

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To officially end the case before trial or verdict, often due to insufficient evidence or procedural errors.

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Appeal

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To review the trial's proceedings to ensure legal standards were upheld. It involves submitting briefs and oral arguments in a higher court.

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Booking

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To record the arrest in official law enforcement records and collect the suspect's personal information and fingerprints.

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First Appearance

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To inform the accused of the charges and determine whether there will be pretrial release. It involves a judge and the setting of bail.

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Parole

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To release the offender from prison before the completion of the sentence, under certain conditions and supervision.

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Plea Bargaining

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To negotiate an agreement between the defendant and prosecutor where the defendant pleads guilty to a lesser charge or for a reduced sentence.

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Probation

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To supervise and rehabilitate the offender in the community instead of serving time in prison, usually including specific conditions.

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Double Jeopardy

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To prohibit a defendant from being tried again on the same (or similar) charges following a legitimate acquittal or conviction.

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Writ of Certiorari

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To seek judicial review in a higher court, often used for appealing to the Supreme Court.

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Investigation

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To gather evidence and determine if a crime has been committed. Police officers, detectives, and crime scene analysts are typically involved.

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Pre-Trial Motions

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To request the court to decide on specific legal issues before the trial starts. This includes motions to suppress evidence or to change the trial’s location.

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Verdict

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To announce the decision of a jury (or judge in a bench trial) on the defendant's guilt or innocence.

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Sentencing

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To determine the punishment that the defendant will receive if found guilty. Sentencing guidelines and the judge's discretion are considered.

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Juvenile Adjudication

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To process cases involving suspects under the age of majority, often with a focus on rehabilitation and privacy.

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Expungement

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To remove a conviction from an individual's criminal record, effectively erasing it for most purposes.

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Preliminary Hearing

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To establish whether there is sufficient evidence to continue the judicial process. The judge decides if the case should go to trial.

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Post-Conviction Relief

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To challenge a conviction or sentence after the trial and appeal process, often involving claims of constitutional violations.

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Extradition

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To surrender a suspect or convicted person from one jurisdiction to another where the crime was committed for trial or punishment.

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Enhancement

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To increase the severity of a sentence based on specific factors, such as prior convictions or the use of a weapon.

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Sealing of Records

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To legally conceal court records from public view, often employed to protect sensitive information or the identity of minors.

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Arrest

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To legally detain a suspect believed to have committed a crime. This involves reading of Miranda rights and taking the suspect into custody.

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Arraignment

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To officially present the charges to the defendant and hear their plea. The defendant can plead guilty, not guilty, or no contest.

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Incarceration

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To confine an individual in jail or prison as part of a sentence following conviction.

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Grand Jury

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To decide whether there is enough evidence to indict the accused and proceed to trial. It involves secrecy and a prosecutor presenting the case.

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Trial

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To present evidence and arguments to a judge and potentially a jury to determine the defendant's guilt or innocence.

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Bench Warrant

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To authorize law enforcement to arrest an individual who has not appeared in court as required.

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Change of Plea

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To allow the defendant to change their plea during the criminal procedure, potentially as a result of plea negotiations.

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Bail Hearing

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To decide the financial terms of the defendant's pre-trial release. The judge weighs factors such as flight risk and the nature of the crime.

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Competency Hearing

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To determine if the defendant is mentally competent to stand trial and participate in the proceedings.

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Jury Deliberation

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To allow the jury to discuss the evidence and reach a verdict regarding the defendant's guilt or innocence.

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