The Criminal Justice Process: A Comprehensive Guide
Update: 2025-03-15
Description
Glossary of Key Terms
- Arrest: The act of taking a person into custody by legal authority, typically when there is probable cause to believe they have committed a crime.
- Arraignment: The defendant's first formal appearance in court where they are informed of the charges against them, advised of their rights, and asked to enter a plea.
- Bail: A financial guarantee provided by a defendant to the court to ensure their appearance at all future court proceedings, allowing them to be released from custody.
- Booking: An administrative process following arrest where the suspect's personal information, fingerprints, and photographs are recorded, and their possessions are inventoried.
- Discovery: A pretrial phase in which the prosecution and defense exchange information and evidence relevant to the case.
- Due Process: Legal procedures established to ensure fairness and protect individual rights throughout the criminal justice process.
- Evidence: Information presented in court to prove or disprove facts in a case, which can include physical objects, documents, and witness testimony.
- Grand Jury: A body of citizens who review evidence presented by the prosecutor to determine if there is sufficient probable cause to indict an individual for a felony offense. (Mentioned briefly in the source regarding formal arraignment after grand jury proceedings).
- Plea Bargaining: A negotiation between the prosecution and the defense where the defendant may agree to plead guilty to a lesser charge or receive a lighter sentence in exchange for avoiding a trial.
- Preliminary Hearing: A pretrial hearing in felony cases where the prosecution must present enough evidence to establish probable cause that the defendant committed the charged offense.
- Pre-sentence Investigation (PSI): An investigation conducted by probation officers after a guilty verdict or plea to gather information about the defendant's background and the impact of the crime to assist the judge in sentencing.
- Probable Cause: A reasonable belief, based on facts and circumstances, that a crime has been committed and that the person being arrested has committed it.
- Sentencing: The stage of the criminal justice process where the court imposes a penalty on a defendant who has been found guilty of a crime.
- Trial: A formal legal proceeding where evidence is presented to a judge or jury to determine the guilt or innocence of the defendant.
- Verdict: The formal decision made by a jury (or a judge in a bench trial) regarding the defendant's guilt or innocence.
- Voir Dire: The process of questioning potential jurors to assess their qualifications and impartiality before they are selected to serve on a jury.
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