Pretrial Procedures
What do we call the "seizure" of a person when they are taken into custody by law enforcement due to the fact that they are suspected of committing a crime?
What is an arrest?
Which amendment to the Constitution protects citizens from unreasonable searches and seizures?
What is the Fourth Amendment?
Approximately what percentage of cases in the United States are resolved through a plea bargain?
What is over 95%?
What does the term voir dire refer to?
What is jury selection?
What is the evidentiary standard the prosecution must meet in proving a defendant's guilt?
What is guilt beyond a reasonable doubt?
What does a grand jury issue if they find that probable cause exists that a defendant committed a crime?
What is an indictment/true bill?
Which amendment to the Constitution prohibits cruel and unusual punishment, excessive fines, and excessive bail?
What is the Eighth Amendment?
Which type of plea agreement occurs when a defendant agrees to plead guilty in exchange for the prosecution dropping or amending down criminal charges faced by the defendant?
What is charge bargaining?
What term refers to the type of challenge that a party may make to seating a juror that can be based on almost any reason other than race or gender?
What is a peremptory challenge?
What term refers to a trial where the judge serves as both the finder of fact and the overseer of the legal proceedings?
What is a bench trial?
What must a judge find exists to issue a valid warrant?
What is probable cause that a crime has been committed?
Which amendment to the Constitution prevents a defendant from being subject to "double jeopardy" for the same criminal offense?
What is the Fifth Amendment?
Which type of plea agreement occurs when a defendant agrees to plead guilty in exchange for a less serious offense?
What is sentence bargaining?
What term refers to the type of challenge that a party may make to seating a juror that is based on a particular legal reason such as bias or inability to be impartial?
What is a for cause challenge?
What do we refer to a jury as when it has become deadlocked and is unable to make a decision?
What is a hung jury?
What term is used when a defendant is released without having to pay bail?
What is released on recognizance?
Which rule prevents evidence wrongfully obtained by law enforcement from being admitted in court?
What is the exclusionary rule?
Which type of plea agreement occurs when a defendant agrees to plead guilty in exchange for the prosecution agreeing to place the defendant in a convenient correctional facility?
What is condition bargaining?
What term do we use to refer to a jury choosing to either willfully ignore or misapply the law?
What is jury nullification?
What do we call the decision making process the jury goes through at the conclusion of a trial to decide the guilt (or lack of guilt) of a defendant?
What is deliberation?
A warrantless arrest may be allowed if what exists?
What are exigent circumstances?
Brady v. Maryland held that prosecutors must turn over all of what type of evidence to the defendant in discovery?
What is exculpatory evidence?
What are the three elements of a valid plea agreement?
What is voluntariness to make the agreement, intelligence and understanding of the agreement, and a factual basis supporting the plea?
What term do we use to refer to a jury choosing to convict a defendant motivated by prejudice or bigotry toward the defendant?
What is jury villification?
When a jury is deadlocked, what type of charge might a judge issue to encourage jurors to continue discussions and consider other views to try to reach a verdict?
What is an Allen charge?