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Criminal Justice Terms - Chapter 10

Thomas A. Gustin

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7.A sentence in lieu of or following imprisonment under which a defendant is supervised in the community by a probation officer.
9.Remarks made to the jury by the attorneys at the start of a trial.
10.The right of opposing attorneys to excuse (strike) prospective jurors during the voir dire hearing due to the prospective jurors' bias.
13.Those persons who have neen summoned and sworn to serve on a jury, but who have not yet been subjected to a voir dire hearing.
14.The right of opposing attorneys to excuse (strike) prospective jurors during the voir dire hearing without having to state a reason.
16.A legal doctrine prohibiting evidence secured in an improper manner from being used at a trial.
24.A hearing to determine whether an arrest was justified --- Did the officer have probable cause? Is there probable cause to believe that a crime occurred and that the defendant committed it?
25.Those procedural guarantees to which every criminal defendant is entitled under the Constitution and its interpretation by the Supreme Court (e.g., the right to remain silent, and the right to a trial by jury).
28.A search by law enforcement officers without the benefit of a search warrant to ensure that there are no weapons about that could endanger them, or to secure items in possession of a suspect who has been placed under arrest.
31.The minimum level of evidence needed to make a lawful arrest or secure certain warrants; a level of information that would lead a reasonably prudent person to believe that a crime was being, or had been, committed by a specific perpetrator.
33.A plea of "no contest" to criminal charges which has the same effect as a plea of guilty, but it cannot be used as evidence of a criminal conviction at any subsequent civil trial related to the criminal act.
34.Exception to the exclusionary rule that allows the admission of evidence based on the officer's reasonable, but mistaken, belief that his/her action was proper.
35.Standard of proof required to find a person guilty of a crime.
36.Forcing a suspect to provide evidence against him- or herself; prohibited by the Fifth Amendment.
37.Legal document authorizing a search or an arrest.
38.Summary statements to a judge or jury by opposing attorneys at the end of a trial.
39.The absence of a need to prove mens rea (criminal intent) in a criminal action or fault (e.g., negligence) in a tort case; absolute liability.
40.The criminal act --- The behavior that constitutes a specific crime.
41.A group of citizens, usually numbering twenty-three, who are assembled in secret to hear or investigate allegations of criminal behavior.
1.A single prosecution when the several charges arose from the same criminal episode.
2.A theoretical construct which brings into question the ability of law enforcement officials to correctly identify criminals; it stresses painstaking procedures to ensure that errors are avoided, that the innocent are not found guilty, and that the police do not abuse their authority. This restrictive approach places roadblocks in front of the efficiency of the crime control model.
3.Early stage in the judicial process when the defendant is informed of the charges and enters a plea of guilty, not guilty, or nolo contendere.
4.A document issued by a judicial or administrative officer authorizing the arrest of a specific person.
5.Fifth and Fourteenth Amendments which prohibit government from taking life, liberty, or property without due process of law.
6.Money or other security placed in custody of the court in order to ensure the return of the defendant to stand trial.
8.A document submitted by the probation officer to the judge containing information about the offender upon which the judge can base his or her sentencing decision.
11.The handing up of an indictment by a grand jury.
12.Proof that a crime has been commited: actus reus, mens rea, and causation.
15.Trial jury composed of six or twelve persons.
17.The judicial procedure by which opposing attorneys have an opportunity to question and/or challenge prospective jurors.
18.The guilty mind --- The intent necessary to establish criminal responsibility.
19.Exception to the exclusionary rule that permits the use of evidence even though it was secured in an improper manner on the belief that it would have eventually been discovered anyway.
20.Defendant raises extenuating or mitigating circumstances such as insanity, self-defense, or entrapment..
21.A theoretical construct that emphasizes efficiency as a vital factor in the detection, apprehension, and conviction of criminal offenders and views due process as impeding this efficiency.
22.The (adversarial) questioning of a witness by the attorney who did not call the witness; questions aimed at discrediting the courtroom testimony of an opposition witness.
23.Trying a defendant a second time for the same offense after he or she has already been found not guilty.
26.That which stands on its own to prove an allegation; usually eyewitness testimony.
27.The (friendly) questioning of a witness by the attorney who called the witness.
29.Criminal defendant's response to the charges.
30.The physical taking into custody of a suspected law violator.
32.A judicial order authorizing a law enforcement officer to search a specific area for a particular piece of evidence.

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