COURT ROOM
Attorney - Client Privilege
A rule that preserves the confidentiality of communications between lawyers and clients. The purpose of the privilege is to encourage clients to openly share information with their lawyers and to let lawyers provide effective representation.
Eighth Amendment
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
Hearsay Testimony
Secondhand testimony. A statement that is offered by a witness as the truth, however, the statement was actually made by someone other than that particular witness.
Appeal
You can formally file a notice of appeal with a lower court, indicating your intention to take the matter to the next higher court with jurisdiction over the matter, and then actually file the appeal with the appropriate appellate court (This is not a right guaranteed by the 6th amendment).
Burden of Proof
This means the prosecution has to prove you are guilty. You do not have to prove you are innocent. Officially, you are considered innocent until proven guilty.
Trial
An occasion when the court, with or without a jury, decides on your guilt or innocence or decides on the penalty.
Which Amendment does the Jury Trial fall under
6th
Character Witness
A person who attests to another’s moral conduct and good reputation in a court of law.
Hospital Commitment (NGRI)
This would mean you go to a state facility, probably in a hospital until you are well and safe. This commitment is NOT for a set time but is in place until your mental health illness is stable and you are not dangerous to yourself or others. This could be days or for the rest of your life.
Speedy Trial
You have the right to a timely trial (within 6 months in Colorado after plea of not guilty is entered.) If a court is convinced that there has been too much delay, the criminal indictment must be dismissed. This is paused when a defendant is found incompetent to proceed (ITP).
District Attorney
Lawyers who investigate, charge, and prosecute people whom they think have committed a crime.
Prosecutor
Fourth Amendment
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Warrant: an instrument issued by a magistrate, authorizing an officer to make an arrest, seize property, make a search, or carry a judgment into execution.
Search & Seizure: warrant requirements and exceptions define how law enforcement officials are to handle the gathering of evidence. The “exclusionary rule” prevents any evidence gathered illegally from being used at a trial.
Physical Evidence
Tangible items usually found at the scene of a crime such as important documents, photographs, weapons, fingerprints, blood samples, hair samples, DNA etc.
Pro Se
This means advocating on one's own behalf before a court rather than being represented by a lawyer. Defendants are automatically assigned a public defender if competency is raised and the option to “go pro se” can be revisited once restored.
Exclusionary Rule
The “exclusionary rule” prevents any evidence gathered illegally from being used at a trial.
Court Reporter
A person who makes a word-for-word record of everything that is said in court.
Fifth Amendment
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself; nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation. “The right to remain silent”.
Self-Incrimination: There is a general “right to remain silent,” meaning that a defendant does not have to provide testimony against himself or herself.
Due Process of Law: Refers to procedural fairness and requires you to be given notice of the charges against you and a meaningful opportunity to contest those charges. The defendant must be made aware of all elements and facts of the charge against them, unless there is a statutory exception that can be shown to apply. You cannot be tried twice for the same crime.
Miranda Warning: Warning usually read upon arrest. In most situations, the police will give the warning only if you are going to be asked questions; however, the police are allowed to ask routine booking questions.
Witness Statements
Spoken words that may or may not be factual. A confession is considered a witness statement.
Due Process of Law
Refers to procedural fairness and requires you to be given notice of the charges against you and a meaningful opportunity to contest those charges. The defendant must be made aware of all elements and facts of the charge against them, unless there is a statutory exception that can be shown to apply. You cannot be tried twice for the same crime.
Plea Bargain
If you plead guilty to a charge (often a lesser charge), the prosecutor agrees to let you have an easier penalty and may drop other charges. You, the Prosecutor and the Judge must all agree to this.
Hearing
A court hearing is a gathering within a courtroom for the purpose of conducting a legal procedure
Sixth Amendment
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed; which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor; and to have the assistance of counsel for his defense.
Right to an attorney: A defendant has a right to an attorney at any critical step in a prosecution, not just a trial. It is possible for a defendant to waive this right and represent themselves, if they are able to do so.
Jury Trial: A public trial by a jury of your peers. At trial, the defendant is presumed to be innocent and cannot be convicted unless jurors are convinced of guilt beyond a reasonable doubt.
Speedy Trial: You have the right to a timely trial (within 6 months in Colorado after plea of not guilty is entered.) If a court is convinced that there has been too much delay, the criminal indictment must be dismissed. This is paused when a defendant is found incompetent to proceed (ITP).
Appeal: You can formally file a notice of appeal with a lower court, indicating your intention to take the matter to the next higher court with jurisdiction over the matter, and then actually file the appeal with the appropriate appellate court (This is not a right guaranteed by the 6th amendment).
Witness: You have the right to confront and cross examine all witnesses testifying against you. You also have the right to call witnesses to testify on your behalf.
Circumstantial Evidence
Evidence which strongly suggests something, but does not exactly prove it. It helps people draw inferences about a person acting in a manner consistent or inconsistent with the alleged crime.
Search & Seizure
warrant requirements and exceptions define how law enforcement officials are to handle the gathering of evidence. The “exclusionary rule” prevents any evidence gathered illegally from being used at a trial.
ITP
Another way of saying Incompetent to Proceed