Key terms and procedures involved in criminal cases Objective 5.8 Key terms and procedures involved in criminal cases

ARREST

a term used by police to indicate that there is probable cause a term used by police to indicate that there is enough reason to make an arrest or continue searching

warrant (arrest warrant) a written order directing the arrest of someone

search warrant a written order to search a specific location for specific items (that if found can be used in court as evidence)

PRELIMINARY HEARING

magistrate a judicial officer who assists judges in getting cases ready for trial (he also may hear some cases if agreed to by both parties)

bail money given for the release of a criminal, defendant or witness from legal custody to secure his appearance on the day and time appointed

INDICTMENT

(they “charge” the suspect) grand jury group of citizens who listen to evidence and decide if there are enough facts to indicate the crime was committed (they “charge” the suspect)

ARRAIGNMENT

plea bargaining an agreement to plead guilty to a crime in exchange for a reduced sentence

a crime punishable by death capital crime a crime punishable by death

entering a plea The accused says “guilty” or “not guilty” (in Virginia this is done at the start of the trial)

setting a court date Deciding when the trial will be held (time is allowed for both sides to set up their case)

TRIAL

(commonly called “jury”) petit jury persons selected according to law and sworn to inquire into and decide a verdict on matters of fact (commonly called “jury”)

Trial by a judge and no jury (General District Court) bench trial Trial by a judge and no jury (General District Court)

the state’s (government’s) side of the proceedings in a criminal trial prosecution the state’s (government’s) side of the proceedings in a criminal trial

the accused person’s side of the proceedings in a criminal trial defense the accused person’s side of the proceedings in a criminal trial

a command to a person to appear in court and give testimony subpoena/summons a command to a person to appear in court and give testimony

witness a person called upon by either side in a case to give testimony before the court or jury

testimony evidence presented orally by witnesses during trials or presented to a grand jury

“guilty” or “not guilty” VERDICT The decision of “guilty” or “not guilty” as determined by the jury (jury trial) or judge (bench trial)

SENTENCING

The decision of the JUDGE of what punishment will be given SENTENCING The decision of the JUDGE of what punishment will be given