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Published byJerome Berry Modified over 5 years ago
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Key terms and procedures involved in criminal cases
Objective 5.8 Key terms and procedures involved in criminal cases
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ARREST
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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
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warrant (arrest warrant)
a written order directing the arrest of someone
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search warrant a written order to search a specific location
for specific items (that if found can be used in court as evidence)
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PRELIMINARY HEARING
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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)
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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
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INDICTMENT
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(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)
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ARRAIGNMENT
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plea bargaining an agreement to plead guilty to a crime in exchange for a reduced sentence
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a crime punishable by death
capital crime a crime punishable by death
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entering a plea The accused says “guilty” or “not guilty”
(in Virginia this is done at the start of the trial)
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setting a court date Deciding when the trial will be held
(time is allowed for both sides to set up their case)
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TRIAL
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(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”)
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Trial by a judge and no jury (General District Court)
bench trial Trial by a judge and no jury (General District Court)
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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
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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
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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
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witness a person called upon by either side in a case to give testimony before the court or jury
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testimony evidence presented orally by witnesses during trials or presented to a grand jury
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“guilty” or “not guilty”
VERDICT The decision of “guilty” or “not guilty” as determined by the jury (jury trial) or judge (bench trial)
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SENTENCING
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The decision of the JUDGE of what punishment will be given
SENTENCING The decision of the JUDGE of what punishment will be given
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