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CMJS Chapter 8
CMJS Chapter 8 Nalley
| Question | Answer |
|---|---|
| The two-sided structure under which American criminal trial courts operate that pits the prosecution against the defense. | adversarial system |
| The court officer whose duties are to keep order in the courtroom, to secure witnesses, and to maintain physical custody of the jury. | bailiff |
| The movement of a trial or lawsuit from one jurisdiction to another or from one location to another within the same jurisdiction. A change of venue may be made in a criminal case to ensure that the defendant receives a fair trial. | change of venue |
| The evidence that requires interpretation or that requires a judge or jury to reach a conclusion based on what the evidence indicates. | circumstantial evidence |
| An oral summation of a case presented to a judge, or to a judge and jury, by the prosecution or by the defense in a criminal trial | closing argument |
| The professional courtroom actors, including judges, prosecuting attorneys, defense attorneys, defense attorneys, and others who earn a living serving the court. | courtroom work group |
| A licensed trial lawyer, hired or appointed to conduct the legal defense of a person accused of a crime and to represent him or her before a court of law. | defense counsel |
| The evidence that, if believed, directly proves a fact. Eyewitness testimony and videotaped documentation account for the majority of all direct evidence heard in the criminal courtroom | direct evidence |
| Any information having a tendency to clear a person of guilt or blame | exculpatory evidence |
| A person who has a special knowledge and skills recognized by the court as relevant to the determination of guilt or innocence. | expert witness |
| Anything useful to a judge or jury in deciding the facts of a case. Evidence may take the form of witness testimony, written documents, videotapes, magnetic media, photographs, physical objects, and so on. | evidence |
| Something that is not based on the personal knowledge of a witness. Witnessess who testify about something they have heard | hearsay |
| The long-standing precedent that hearsay cannot be used in American courtrooms. Rather than accepting testimony based on hearsay, | hearsay rule |
| An elected or appointed public official who presides over a court of law and who is authorized to hear and sometimes to decide cases and to conduct trials | judge |
| A member of a trial or grand jury who has been selected for jury duty and is required to serve as an arbiter of the facts in a court of law | juror |
| The process whereby, according to law and precendent, members of a particular trial jury are chosen | jury selection |
| an eyewitness, character witness, or other person called on to testify who is not considered an expert. | lay witnesses |
| The initial statement of the prosecution or the defense, made in a court of law to judge, or to a judge and jury, describing the facts that he or she intends to present during trial to prove the case. | opening statement |
| The right to challenge a potential juror without disclosing the reason for the challenge. Prosecutors and defense attorneys routinely use peremptory challenges to eliminate from juries individuals who | peremptory challenge |
| The intentional making of a false statement as part of the testimony by a sworn witness in a judicial proceeding on a matter relevant to the case at hand | perjury |
| The degree to which a particular item of evidence is useful in, and relevant to, proving something important in a trial. | probative value |
| An attorney whos official duty is to conduct criminal proceedings on behalf of the state or the people against those accused of having committed criminal offenses | prosecutor |
| The decision-making power of prosecutors, based on the wide range of choices available to them, in the handling of criminal defendants, the scheduling of cases for trial, the acceptance of negotiated pleas, and so on. | prosecutorial discretion |
| An attorney employed by a government agency or subagency, or by a private organization under contract to a government body, for the purpose of providing defense services to indigents, or an attorney who has volunteered such a service. | public defender |
| Evidence that consists of physical material or traces of physical activity. | real evidence |
| The court rules that govern the admissibility of evidence at criminal hearings and trials. | rules of evidence |
| The use of correlational techniques from the social sciences to gauge the likelihood that potential jurors will vote for conviction or for acquittal. | scientific jury selection |
| A jury that is isolated from the public during the course of a trial and throughout the deliberation process. | sequestered jury |
| A 1974 federal law requiring that proceedings against a defendant in a criminal case begin with a specified period of time, such as 70 working days after indictment. | Speedy Trial Act |
| The oral evidence offered by a sworn witness on the witness stand during a criminal trial. | testimony |
| In criminal proceedings, the examination, in court of the issues of fact and relevant law in a case for the purpose of convicting or acquitting the defendant. | trial |
| The decision of the jury in a jury trial or of a judicial officer in a nonjury trial. | verdict |
| An organized program that offers services to victims of crime in the areas of crisis intervention and follow-up counseling and that helps victims secure their rights under the law. | victims' assistance program |
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Razorbacks