01 July 2009

Glossary of Terms for Jury Trials

Appeal — (noun) A review in a higher court of a lower court’s ruling or verdict.

Arraignment — (noun) A proceeding in which a criminal defendant is brought before a court to be formally charged and to enter a plea.  See also Presentment.

Arrest — (noun) The physical taking of a person into legal custody, either on a warrant or upon probable cause. An arrestee is a person under arrest.

Bail — (noun) A surrender of cash or property to a court to obtain the temporary release of a defendant and ensure his or her appearance in court on a future date. In the United States, bail for petty offenses is sometimes set according to the maximum fine for the offense, allowing a defendant to “post and forfeit” bail in lieu of further hearings. (verb) To obtain the release of a defendant by posting cash or property (“She bailed out her brother.”).

Charge — (noun) An accusation. (verb) To accuse someone of a crime.

Civil trial — (noun) A trial under civil law, which pertains to the relationship between one private citizen and another, between a private citizen and a corporation, or between one corporation and another.

Collateral attack — (noun) A challenge to the legality or constitutionality of a person’s imprisonment, such as a petition for a writ of habeas corpus. The challenge may allege errors in the trial or an illegal sentence.

Complaint — (noun) A formal charge of a crime lodged with, or by, the police and presented to the court at the defendant’s first appearance.

Conviction — (noun) In a criminal case, a judgment that a defendant is guilty of a crime.

Criminal trial — (noun) A trial under criminal law, which pertains to offenses against the state itself, actions that may be directed against a person but that are deemed to be offensive to society as a whole — for example, armed robbery or rape.

Defendant — (noun) A person brought before a court accused of a crime.

Defense counsel — (noun) A lawyer who represents an accused person in a local, state, or federal criminal proceeding.  The Sixth Amendment to the U.S. Constitution [see below] provides, in part, “In all criminal prosecutions, the accused shall enjoy ... the assistance of counsel for his defence.”

Discovery — (noun) The process by which lawyers learn about their opponent’s case in preparation for a trial, including requests for documents and oral statements.

Evidence — (noun) Anything received (“admitted”) in a legal proceeding that tends to prove or disprove a disputed fact. Evidence may be physical, such as a weapon or bloody clothing, or nonphysical, such as the testimony of a witness.

Grand jury — (noun) A body of citizens that sits for a period of time and hears evidence from the prosecutor in order to determine whether crimes have been committed. A grand jury may hear many cases during its term. If, after hearing witnesses and examining the prosecution’s evidence, a majority of the grand jurors decide that a crime has been committed and a certain named person probably committed it, it will issue a “true bill of indictment” charging the suspect with a crime.

Habeas corpus — (noun) An ancient legal maneuver (“writ of habeas corpus”) used to bring a prisoner before a court, usually to determine whether the government has any legal ground upon which to hold him. It dates to at least 1215 in England and is mentioned in the U.S. Constitution.  See also Collateral attack.

Hearing — (noun) A judicial proceeding in which a court receives evidence on a specific issue or hears argument on a legal point. Hearings may be held before, during, or after a trial or appeal.

Indictment — (noun) A formal document representing a grand jury’s determination charging a person or persons with committing a crime (“true bill of indictment”). 

Jury — (noun) A body of citizens, traditionally between 6 and 12 in number, who hear evidence during a trial and decide the verdict (“guilty” or “not guilty”). One or more alternate jurors may also be chosen in case a juror becomes incapacitated during trial and cannot discharge his duties.

Motion — (noun) A request that the court make a ruling on a specific issue — such as whether certain evidence including a confession of guilt will be admissible at trial, or whether, due to errors, a new trial is warranted.  Requests for special services, such as appointment of expert witnesses or interpreters, are usually made upon a motion, oral or written, by counsel. Motions may be made before, during, or after trial, or on appeal.

Motion for judgment of acquittal — (noun) A request from a defense counsel that the judge enter a verdict of not guilty in favor of the defendant based upon the prosecutor’s failure to present evidence of his guilt beyond a reasonable doubt. It is usually made at an early stage of a trial, after the prosecutor’s case-in-chief, and, if denied by the court, renewed at the close of the prosecutor’s rebuttal case.

Plea — (noun) In a U.S. criminal proceeding, a defendant will usually enter a plea of “not guilty” at his initial appearance before a court or judicial officer. Later, if circumstances warrant, a defendant may change his plea to “guilty” by which he admits the charges against him, or he may continue to assert his right to trial and have a court determine guilt, often in a trial by a jury. In special cases, a defendant, through his lawyer, may enter a plea of “not guilty by reason of insanity,” in which the defense expects to prove that a defendant should not be found criminally responsible for his actions by reason of a severe mental defect or disability. (verb) To plead — the verbal act of entering a plea.

Plea bargain — (noun) An agreement between the defendant and the prosecutor in which the defendant agrees to plead guilty in exchange for favorable consideration such as a lesser charge or a lenient sentence.

Preliminary hearing — (noun) A criminal hearing before a judicial officer to determine whether there is sufficient evidence to prosecute an arrestee or refer the case to a grand jury for possible indictment.

Presentence investigation — (noun) A detailed examination of a convicted defendant’s background, usually made by a court employee known as a probation officer, presented to aid the judge who will sentence the defendant. Ideally, the report will be an objective analysis of the defendant and his crime, highlighting any facts that would tend to aggravate or mitigate the sentence.

Presentment — (noun) The defendant’s initial appearance before a judicial officer, in which charges are read and a bail determination is made. A presentment will precede a formal arraignment if a defendant is arrested prior to his indictment by a grand jury.

Probable cause — (noun) A reasonable belief that a crime has occurred, is occurring, or will occur, which is sufficient to justify an arrest of a person, a search, or a seizure of property. It is often described as more than a mere suspicion. 

Prosecutor — (noun) A lawyer who represents the government (local, state, or federal) in criminal proceedings.

Prosecutor’s case-in-chief — (noun) In U.S. courts, the prosecutor always presents the government’s case first, and the evidence must be strong enough in every way that, if unrebutted by the defendant, it can sustain a conviction. If the evidence is weak, the defendant may be entitled to a judgment of acquittal at the close of the prosecutor’s case-in-chief. See also Motion for judgment of acquittal, Prosecutor’s rebuttal case.

Prosecutor’s rebuttal case — (noun) Because the government has the heavy burden of overcoming the defendant’s presumed innocence, the government is entitled to present additional evidence after the defendant presents his case. But if the defendant does not present his own evidence, the government is not entitled to present a rebuttal case, as there will be no additional evidence to rebut.

Right to counsel — (noun) The Sixth Amendment to the U.S. Constitution guarantees that every person charged with a crime has the right to have a lawyer to assist in his defense. The defendant hires a lawyer of his own choice if he can afford one, but the court appoints a lawyer from a public defender office or from the private bar to defend him if the defendant cannot afford one.

Search warrant — See Warrant.

Sentence — (noun) A punishment imposed on a defendant after conviction, such as a fine or term of imprisonment.  Thirty-five U.S. states and the federal government may impose the death penalty for particularly heinous murders or treason.

Sixth Amendment — (noun) A provision of the U.S. Constitution that lists many of the rights afforded persons accused of crimes in U.S. courts to protect them and to ensure a fair trial. It states:

“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; … 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 defence.” (Note: The U.S. Constitution was ratified by most of the original 13 states by 1789. The first 10 amendments to the U.S. Constitution, also known as the Bill of Rights, were ratified in 1791.)

Subpoena — (noun) A document (or writ) commanding a person to give testimony or submit documents before a court or grand jury.

Testimony — (noun) Evidence given by a witness under oath in court.

Trial — (noun) A formal judicial proceeding to receive evidence and render a verdict, such as a determination whether a criminal defendant is guilty or not guilty. The “fact-finder” in a trial may be a judge and a jury, or a judge alone.

Verdict — (noun) A decision by the “fact-finder” (jury or judge) at the conclusion of a trial; in a criminal trial, the verdict will be “guilty” or “not guilty.” If the jury cannot reach agreement as to a verdict (a “hung jury”), a new trial may be warranted or the prosecutor may dismiss the charges at his discretion.

Warrant — (noun) An order (writ) issued by a court or judicial officer authorizing a search or seizure of property (“search warrant”) or seizure of a person (“arrest warrant”).

Witness — (noun) A person who testifies, under oath and with actual knowledge, as to a fact at issue in a case. Witnesses may be called and questioned (examined) by the prosecution or the defense, or by both. When the witness is finished giving her direct testimony, the other party will be afforded an opportunity to cross-examine the witness with questions that may elicit further facts or otherwise undermine the witness’s testimony.

Writ — (noun) An order of the court commanding an act be done or not done.

Prepared by Jack King, Director of Public Affairs and Communications, National Association of Criminal Defense Lawyers, Washington, D.C. This article appears in the July 2009 issue of eJournal USA, “Anatomy of a Jury Trial.”