Question | Answer |
jurisdiction | The authority of the court to try a case. Usually, jurisdiction is established when some part of the crime was committed within the geographic jurisdiction of the district court. |
courts of limited jurisdiction | Courts that handle misdemeanor crimes, violations of criminal traffic laws, and lesser offenses. |
courts of general jurisdiction | Courts that handle felony crimes. |
double jeopardy | The act of trying a person twice for the same offense. |
due process | Court rules that define the standards for a “fair” trial. |
prosecutorial discretion | The power of a prosecutor to decide whether to charge a defendant and what the charge(s) will be, as well as to gather the evidence necessary to prosecute the defendant in a court of law. |
grand jury | An alternative method, which is confidential, to determine whether there is sufficient evidence to charge the defendant with a crime. |
arraignment | A criminal proceeding where the defendant is formally charged with a crime and is asked to enter a plea. |
competent to stand trial | The defendant’s ability to comprehend the charges against him or her and to assist counsel in his or her defense. |
prosecutorial discretion | The power of a prosecutor to decide whether to charge a defendant and what the charge(s) will be, as well as to gather the evidence necessary to prosecute the defendant in a court of law. |
grand jury | An alternative method, which is confidential, to determine whether there is sufficient evidence to charge the defendant with a crime. |
arraignment | A criminal proceeding where the defendant is formally charged with a crime and is asked to enter a plea. |
competent to stand trial | The defendant’s ability to comprehend the charges against him or her and to assist counsel in his or her defense. |
bail | Temporary release of the defendant prior to trial. |
excessive bail | Bail that is prohibited by the Eighth Amendment, but there is no uniform standard as to what “excessive” is. |
bail bonds agent | An agent of a private commercial business that has contracted with the court to act as a guarantor of a defendant’s return to court. |
jumped bond | Failed to appear for a court appearance. |
release on recognizance (ROR) | To secure the pretrial release of the accused based merely on the defendant’s unsecured promise to appear at trial. |
unsecured bond | Bond that releases the defendant based on his or her signing a promissory note agreeing to pay the court an amount similar to a cash bail bond if he or she fails to fulfill the promise to appear at trial. |
signature bond | Bond that releases the defendant based on his or her signature on a promise to appear in court, usually for minor offenses such as traffic violations. |
conditional release | A bail alternative in which the defendant is released from custody if he or she agrees to court-ordered terms and restrictions. |
plea bargaining | A pretrial activity that involves the negotiation between defendant and prosecutor for a plea of guilty for which in return the defendant will receive some benefit, such as reduction of charges or dismissal of some charges. |
clearing cases | In reference to the status of a criminal offense, knowing the perpetrator of the crime, as asserted by the police or prosecutor. |
clearing cases | In reference to the status of a criminal offense, knowing the perpetrator of the crime, as asserted by the police or prosecutor. |
sentence bargaining | Negotiating with the prosecutor for a reduction in length of sentence, reduction from capital murder to imprisonment, probation rather than incarceration, or institution where the sentence is to be served in return for a guilty plea. |
sentence bargaining | Negotiating with the prosecutor for a reduction in length of sentence, reduction from capital murder to imprisonment, probation rather than incarceration, or institution where the sentence is to be served in return for a guilty plea. |
Missouri v. Frye and Lafler v. Cooper | The two cases that extended the constitutional rights of criminal defendants to effective counsel during plea negotiations. |
trial penalty | The fact that the sentences for people who go to trial have grown harsher relative to sentences for those who agree to a plea. |
court docket | The schedule of cases and hearings. |
statute of limitations | The length of time between the discovery of the crime and the arrest of the defendant. |
Klopfer v. North Carolina | The act that requires states to grant defendants a speedy trial. |
Barker v. Wingo | The case in which the court ruled that the defendant’s failure to request a speedy trial does not negate the defendant’s right to a speedy trial. |
Speedy Trial Act of 1974 | The act that requires a specific deadline between arrest and trial in federal courts. |
rules of evidence | Administrative court rules governing the admissibility of evidence in a trial. |
contempt of court | A charge against any violator of the judge’s courtroom rules, authorizing the judge to impose a fine or term of imprisonment. |
gag order | A judge’s order to participants and observers at a trial that the evidence and proceedings of the court may not be published, broadcast, or discussed publicly. |
bench trial | A trial in which the judge rather than a jury makes the determination of guilt. |
bailiffs | The people who provide courtroom security. Deputy sheriffs provide security for state courts, and Deputy U.S. Marshals provide security for federal courts |
indigent | A defense counsel provided for a defendant who cannot afford a private attorney. |
Taylor v. Louisiana | The case that ruled that the exclusion of women from jury duty created an imbalance in the jury pool. |
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