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Criminal Procedure Overview
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Juror Selection
The process of selecting a jury from a pool of candidates, which involves questioning and screening for biases or conflicts of interest.
Juvenile Adjudication
The process in the juvenile justice system where a decision is made regarding whether a young person has committed a delinquent act.
Entrapment Defense
A defense that argues the defendant was induced by law enforcement to commit a crime they would not have otherwise committed.
Prosecutorial Misconduct
Improper or illegal acts by a prosecutor, such as withholding evidence, that can potentially impact the fairness of a criminal trial.
Insanity Defense
A legal defense asserting that a defendant was unable to understand the nature of their actions or distinguish right from wrong due to a severe mental disease or defect.
Alibi Defense
A defense claim that the defendant was elsewhere when the crime was committed, and therefore could not have been the perpetrator.
Mandatory Sentencing Laws
Statutes requiring a judge to impose a predetermined punishment for certain crimes, limiting judicial discretion.
Jury Deliberation
The process by which the jury retreats to a private setting to discuss the evidence and reach a verdict on the guilt or innocence of the defendant.
Civil Forfeiture
A legal process where the government seizes assets from individuals suspected of involvement with crime without necessarily charging the owners with wrongdoing.
Plea Bargains
Negotiated agreements between the prosecution and the defendant in which the defendant pleads guilty to a lesser charge in exchange for a reduced sentence or dropping of other charges.
Right to Counsel
The constitutional guarantee that a defendant has a right to have the assistance of counsel and if they cannot afford an attorney, one will be provided.
Booking Process
Administrative procedure post-arrest, where personal information, photographs, and fingerprints are collected from the suspect.
Pre-Trial Motions
Legal requests made to the court before a trial begins to set parameters, such as motions to suppress evidence, or change of venue requests.
Closing Arguments
The final statements made by both the prosecution and defense in a trial, summarizing the evidence and making a last appeal to the jury.
Verdict Announcement
The formal decision stated by the jury or judge regarding the defendant’s guilt or innocence based on the evidence presented during the trial.
Witness Examination
The process where witnesses provide testimony under oath and are questioned by both the prosecution and defense attorneys.
Search Warrant Issuance
The process of obtaining a court order authorizing law enforcement to conduct a search of a specific location and seize evidence.
Public Trial Guarantee
The right of a criminal defendant to have their trial open to the public to prevent abuses of the judicial process and assure a fair trial.
Bail Determination
The process of setting an amount of money a defendant must pay to secure temporary release from custody before trial, ensuring their return for court appearances.
Arraignment
A court proceeding where the suspect officially hears the charges against them, enters a plea, and a trial date may be set.
Trial
The formal examination of evidence by a judge or jury in open court to determine the guilt or innocence of the defendant.
Probation and Parole
Court-ordered supervisory conditions for a defendant instead of incarceration (probation) or after release from prison (parole) to facilitate reintegration into society.
Speedy Trial Right
The constitutional right of a criminal defendant to have a prompt trial to avoid prolonged pre-trial detention and to minimize anxiety and concern of the accused.
Arrest Procedures
The process of detaining a suspect by law enforcement. Its purpose is to bring an alleged offender into custody for formal charges.
Opening Statements
The initial remarks made by both the prosecution and defense attorneys summarizing their positions and outlining the case they intend to present.
Impartial Jury Right
The constitutional right to be tried by a jury that is objective and not biased against the defendant.
Victim Impact Statements
Statements made by crime victims or their families during the sentencing phase of a trial to inform the court of the emotional and financial impact of the crime.
Exclusionary Rule
A legal principle that prohibits evidence collected or analyzed in violation of the defendant's constitutional rights from being used in a court of law.
Sentencing
The post-verdict phase where the judge determines the appropriate punishment for the convicted defendant based on statutory guidelines and discretion.
Appeal Filing
The process of formally requesting a higher court review the case for legal errors that could affect the verdict or sentence.
Execution of Sentence
The administrative action of carrying out the punishment prescribed by the court, such as imprisonment, probation or payment of a fine.
Reading of Miranda Rights
Legally required notification of rights to a suspect in custody before interrogation to ensure awareness of the right to remain silent and have an attorney.
Sealing of Records
The legal process of concealing certain criminal records from the public view, which may occur after a period of time or under specific conditions.
Habeas Corpus Petitions
Legal filings that challenge the lawfulness of the petitioner's detention or imprisonment and request relief from unlawful custody.
Discovery Process
The pre-trial phase where both the prosecution and defense exchange information and evidence that is relevant to the case.
Restitution Orders
Court orders for the convicted defendant to compensate the victim for financial losses caused by the criminal act.
Community Service Sentencing
A form of punishment where the offender is ordered to perform unpaid work for the community instead of serving time in prison.
Self-Incrimination Protection
A legal right guaranteed by the Fifth Amendment of the U.S. Constitution that allows a defendant to refuse to testify against themselves in a criminal case.
Capital Punishment
The legal authorization for the death penalty as a consequence for committing certain crimes, such as murder.
Expungement of Convictions
The legal process of removing a criminal conviction from public records, often after the defendant has demonstrated rehabilitation.
Double Jeopardy
A legal protection that prevents a defendant from being tried again on the same (or similar) charges following a legitimate acquittal or conviction.
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