Criminal
Trial Process & Judicial Branch
1. larceny - stealing.
2. vandalism - destruction of property.
3. fraud - taking property by dishonest means.
4. misdemeanor - relatively minor crime; punishment is
usually less than 1 year in jail.
5. felony - more serious crime.
6. subpoena - order directing someone to appear in court
for his/her trial.
7. booking - the police fingerprint and photograph the
suspect and record the suspect’s info.
8. preliminary hearing - “1st appearance” in
court at which the judge sets the bail
9. grand jury - group that hears evidence to decide whether
or not to formally charge someone
10. arraignment - hearing where the suspect enters his/her
plea
11. verdict - decision rendered by the jury
12. hung jury - describes a jury that cannot reach a
unanimous decision (results in a mistrial)
13. district attorney - attorney that represents the state
in a criminal case
14. defendant - person being charged in a criminal case
15. magistrate - local judge who may issue warrants and
decide minor cases
16. marshal - official who may deliver subpoenas
17. acquittal - a verdict of innocent
18. indictment - a formal charge
19. plea bargain - pleading guilty to a lesser charge to
avoid a more serious punishment
20. cross examination - questioning by the attorney for the
other side
21. probation - punishment in which the guilty person does
not go to jail, but is subjected to supervision by the government, such as
drug
testing.
22. parole - getting out of jail early
23. bail - this allows a person charged with a crime go
free until the end of the trial
24. jurisprudence - the study or science of law
1.
suspect is
read rights (Miranda v. Arizona)
2.
arrest
warrant or probable cause
BOOKING
1.
mug shot
& fingerprints
PRELIMINARY
HEARING
1.
usually
within 24 hours of arrest (“1st appearance”)
2.
judge sets
bail
GRAND
JURY
1.
group of
16-24 jurors listen to the prosecution present the government’s evidence in
order to decide whether to formally charge the suspect
2.
formal charge
= indictment
ARRAIGNMENT
1.
once formally
charged, the accused than enters his/her plea of guilty or not guilty
TRIAL
1.
prosecution
presents its side first; then the defense makes its case
2.
witnesses
give testimony and are cross-examined
Jury
Deliberations
1.
verdict must
be unanimous
2.
if it is not,
then it is a hung jury and the trial ends in a mistrial (suspect can be tried
again)
3.
innocent
verdict = acquittal
SENTENCING
1.
last phase of
trial
2.
convicted person
learns of punishment
1. jurisdiction - the authority to hear a case
2. original jurisdiction - the authority to be the first to
hear a case
3. appellate jurisdiction - the authority to hear a case
after it has been appealed to it
4. concurrent jurisdiction - shared jurisdiction
5. exclusive jurisdiction - the authority to be the only
court to hear a case
6. District Court - the lowest level of the federal court
system
7. Majority Opinion - essay which explains the reasoning of
the court
8. Dissenting Opinion - essay which explains why some judge
voted against the majority of the court
9. Concurring Opinion - essay written by judges that agree
with the ruling of the court, but for a different reason
10. Writ of Certiorari - order issued by the Supreme Court
commanding a lower court send a case directly up to the Supreme Court
11. Judicial Review - ability of courts to review laws to
determine their constitutionality
12. remand - to send a case back to a lower court
13. Appeals Court - level of federal courts directly above
the district courts
14. brief - written argument
15. docket - court calendar
16. administrative law - type of law written and enforced
by government agencies (regulation)
17. constitutional law - law based on rights listed in the
Constitution
18. civil law - type of case involving disputes between
people
1. In which federal court are trials held? District Court
2. What do federal appeals courts rule on? Fairness of original trial; ensure rights were upheld
3. When does the Supreme Court have original jurisdiction? State vs. State; case involving diplomats
4. How do federal judges remain free from political
influence? Appointed for life; salary cannot be reduced
during term; can only be
removed for serious
cause.
US Supreme Court-
hears most cases on an appeal -
focuses on major constitutional issues |
US Appeals Court-
each
appeals court covers an area known as a circuit -
rules on
fairness of trials, and ensure that the rights of the accused were protected -
appeals are heard from District Courts |
US District Court-
lowest level of federal courts -
only federal court that holds jury trials -
has original jurisdiction for federal crimes |