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Criminal Procedure
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Flashcards
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Extradition
To surrender a suspect or convicted person from one jurisdiction to another where the crime was committed for trial or punishment.
Plea Bargaining
To negotiate an agreement between the defendant and prosecutor where the defendant pleads guilty to a lesser charge or for a reduced sentence.
Grand Jury
To decide whether there is enough evidence to indict the accused and proceed to trial. It involves secrecy and a prosecutor presenting the case.
Bail Hearing
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.
Pre-Trial Motions
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.
Appeal
To review the trial's proceedings to ensure legal standards were upheld. It involves submitting briefs and oral arguments in a higher court.
Parole
To release the offender from prison before the completion of the sentence, under certain conditions and supervision.
Double Jeopardy
To prohibit a defendant from being tried again on the same (or similar) charges following a legitimate acquittal or conviction.
Jury Deliberation
To allow the jury to discuss the evidence and reach a verdict regarding the defendant's guilt or innocence.
Probation
To supervise and rehabilitate the offender in the community instead of serving time in prison, usually including specific conditions.
First Appearance
To inform the accused of the charges and determine whether there will be pretrial release. It involves a judge and the setting of bail.
Verdict
To announce the decision of a jury (or judge in a bench trial) on the defendant's guilt or innocence.
Expungement
To remove a conviction from an individual's criminal record, effectively erasing it for most purposes.
Sentencing
To determine the punishment that the defendant will receive if found guilty. Sentencing guidelines and the judge's discretion are considered.
Writ of Certiorari
To seek judicial review in a higher court, often used for appealing to the Supreme Court.
Bench Warrant
To authorize law enforcement to arrest an individual who has not appeared in court as required.
Investigation
To gather evidence and determine if a crime has been committed. Police officers, detectives, and crime scene analysts are typically involved.
Booking
To record the arrest in official law enforcement records and collect the suspect's personal information and fingerprints.
Juvenile Adjudication
To process cases involving suspects under the age of majority, often with a focus on rehabilitation and privacy.
Dismissal
To officially end the case before trial or verdict, often due to insufficient evidence or procedural errors.
Incarceration
To confine an individual in jail or prison as part of a sentence following conviction.
Arraignment
To officially present the charges to the defendant and hear their plea. The defendant can plead guilty, not guilty, or no contest.
Change of Plea
To allow the defendant to change their plea during the criminal procedure, potentially as a result of plea negotiations.
Arrest
To legally detain a suspect believed to have committed a crime. This involves reading of Miranda rights and taking the suspect into custody.
Trial
To present evidence and arguments to a judge and potentially a jury to determine the defendant's guilt or innocence.
Post-Conviction Relief
To challenge a conviction or sentence after the trial and appeal process, often involving claims of constitutional violations.
Enhancement
To increase the severity of a sentence based on specific factors, such as prior convictions or the use of a weapon.
Sealing of Records
To legally conceal court records from public view, often employed to protect sensitive information or the identity of minors.
Preliminary Hearing
To establish whether there is sufficient evidence to continue the judicial process. The judge decides if the case should go to trial.
Competency Hearing
To determine if the defendant is mentally competent to stand trial and participate in the proceedings.
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