Bench or Court Trial: A trial that takes place in front of a judge with no jury present.

Size: px
Start display at page:

Download "Bench or Court Trial: A trial that takes place in front of a judge with no jury present."

Transcription

1 GLOSSARY Adversarial System: A justice system in which the defendant is presumed innocent and both sides may present competing views of the evidence (as opposed to an inquisitorial system where the state directly questions the accused). It is a system of using laws, rules, and procedures by opposing parties who contend against each other to try to obtain a result favorable to themselves. Appeal: Generally, the request that a court with appellate jurisdiction review the judgment, decision, or order of a lower court and set it aside (reverse it) or modify it; also, the judicial steps in judicial proceedings resulting from such a request. Appeals may be by right or at the discretion of the court. Attorney General: The Attorney General is the chief law officer in the State. He/she gives advice and opinions to the governor and to executive and administrative departments or agencies. The Attorney General's office represents the state in criminal appeals. Appellate Court: A court having jurisdiction of appeal and review; a court to which causes are removable by appeal, certiorari, error or report. A reviewing court, and, except in special cases where original jurisdiction is conferred, not a trial court or court of first instance, rather it is a panel of judges who review lower court decisions. Arraignment: The first time a defendant appears before the court; he/she is told what the charges are against him/her and is given a chance to plead guilty, not guilty, or nolo contendere (no contest to the charges). In a felony case, a second arraignment takes place after the preliminary hearing. Bail: A sum of money posted by or on behalf of a defendant to affect his/her release in return for a promise that he or she will appear at a place and time specified and submit to the jurisdiction and judgment of the court. It is a form of financial guarantee that the defendant will appear in court Bench or Court Trial: A trial that takes place in front of a judge with no jury present. Board of Prison Terms: Commissioners appointed by the governor who decide applications for parole by prisoners sentenced to life with possibility of parole. They decided whether inmates should be conditionally released from prison before completion of their sentences.

2 Burden of Proof: The duty to establish a claim or allegation by admissible evidence. In a criminal case, the burden of proof is on the Prosecutor and all elements of the crime must be proven beyond a reasonable doubt. Capital Case: Any offense that subjects the offender to a sentence of death or life in prison without the possibility of parole. Challenge for Cause: During jury selection, each side can ask that a potential juror be excused because of an actual bias against one of the parties or participants. Closing Statements: The final argument by attorneys to the jury at the close of trial. In a criminal case, the Prosecutor may speak first and then again, after the defense attorney closes because of the high burden of proof placed on the Prosecutor. Counts: Number of charges levied against a defendant. Cross Examination: Questioning of a witness by the opposing party after direct exam. District Attorney Investigators: Law enforcement professionals that work for the District Attorney s office to investigate ongoing criminal cases. Direct Examination: Questioning of a witness by the attorney who calls the witness to the stand. Discovery: In criminal proceedings, disclosure (turning over evidence to the other side) by the prosecution or the defense prior to trial or evidence or other information which is intended to be used in the trial. Erroneous: Wrong or false. Exculpatory: Any evidence that could be used to argue that the defendant is not guilty or a witness has lied. Federal Court levels: The federal judicial system has three levels, which include district courts, courts of appeal, and the United States Supreme Court. Felony: The most serious type of crime that is punishable by death, imprisonment in state prison or county jail, or a fine. Fiduciary: A legal or financial responsibility owed to another.

3 Filing of a Complaint: The initiation of a criminal case in a court by formal submission to the court of a charging document, alleging that one or more named persons have committed one or more specified criminal offenses. The process of charging a defendant with a crime and submitting those charges to the court. Forensic: Scientific or technical evidence. Fugitive: One who is wanted by authorities as a suspect in a crime and for whom the court has issued an arrest warrant. Hung Jury: A jury so irreconcilably divided in opinion that they cannot agree upon any verdict by the required unanimity. Life with Parole: A sentence to life imprisonment where the offender has an opportunity to earn parole after serving a specified number of years. Magistrate: A judge who serves ministerial functions at early stages of a case. Matriculate: To enter into the next level in the justice system process. Mistrial: A trial that has been terminated and declared invalid by the court because of some circumstances which create a substantial and uncorrectable prejudice to the conduct of a fair trial, or which makes it impossible to continue the trial in accordance with prescribed procedures. A trial that ends without a final resolution of the case, has no legal effect, and, in some very limited instances, may prohibit any retrial of the defendant. Motion: An oral or written request made to a court at any time before, during, or after court proceedings, asking the court to make a specified finding, decision, or order. Municipal: In California, the former inferior courts of a particular judicial district within a county. Opening Statements: The initial statement of an attorney (or if the defendant representing himself or herself) made in a court of law to a judge, or to a judge and jury, describing the facts that he or she intends to present during trial in order to prove his/her case. Parole: The status of an offender conditionally released from a prison by discretion of a paroling authority prior to expiration of sentence, required to observe condition of parole, and placed under the supervision of a parole agency.

4 Peremptory Challenge: The right to challenge a juror without assigning a reason for the challenge. In most jurisdictions each party to an action, both civil and criminal, has a specified number of such challenges and after using all his/her peremptory challenges he/she is required to furnish a reason for subsequent challenges. Plea Bargaining: The negotiated agreement between defendant, prosecutor, and the court as to what an appropriate plea and associated sentence should be in a given case. Plea-bargaining circumvents the trial process and dramatically reduces the time required for the resolution of a criminal case. Points and Authorities: Legal arguments provided to the court and opposing party in writing. Preparing the Record: The process of documenting everything that happened in court regarding a particular case. Probable Cause: A set of facts and circumstances that would induce a reasonably intelligent and prudent person to believe that a particular person had committed a specific crime; reasonable grounds to make or believe an accusation. Preliminary Hearing: The proceeding before a judicial office on which three maters must be decided: whether a crime was committed, whether the crime occurred within the territorial jurisdiction of the court, and whether there are reasonable grounds to believe that the defendant committed the crime. Rules of Evidence: Rules of court that govern the admissibility of evidence at a criminal hearing and trial. Rules of Procedure: Rules of a court that form the procedural steps of the trial that the court must follow. Sentencing: A proceeding in the trial court where the judge determines the appropriate penalty. State Supreme Court: The highest state court in most jurisdictions. (In New York, the highest court is the Court of Appeals). Statutory Law: Written or codified law. The law on the books, as enacted by a governmental body or agency having the power to make laws. The courts are bound by these statutes. Statutory Sentence (range): Options for length of a sentence to prison that are available to a judge to impose for conviction of a particular crime.

5 Suppress: To exclude evidence from admission into court. To suppress evidence is either to keep it from being used in a trial by showing that is was gathered illegally or that it is irrelevant. Third Striker: An offender previously convicted of two serious or violent felonies who, by committing any felony, is subject to a sentence of life in prison. Victim Impact Statement: An in-court statement made by a victim or survivor of a crime that is placed in the record during the sentencing phase of a criminal trial to inform the court about the impact of the crime on the victim or victim s family. Victims' Bill of Rights: An amendment to some state constitutions (which altered criminal trial procedures in California) provides crime victims with notice and an opportunity to be heard at critical stages of the case. Writ: A document issued by a judicial officer ordering or forbidding the performance of a specified act. Resources & Comprehensive Glossaries

OUTLINE OF CRIMINAL COURT PROCESS

OUTLINE OF CRIMINAL COURT PROCESS OUTLINE OF CRIMINAL COURT PROCESS What happens during a criminal case may be confusing to a victim or witness. The following summary will explain how a case generally progresses through Oklahoma s criminal

More information

Legal Definitions: A B C D E F G H I J K L M N O P Q R S T U V W X Y Z A

Legal Definitions: A B C D E F G H I J K L M N O P Q R S T U V W X Y Z A Legal Definitions: A B C D E F G H I J K L M N O P Q R S T U V W X Y Z A Acquittal a decision of not guilty. Advisement a court hearing held before a judge to inform the defendant about the charges against

More information

Court Records Glossary

Court Records Glossary Court Records Glossary Documents Affidavit Answer Appeal Brief Case File Complaint Deposition Docket Indictment Interrogatories Injunction Judgment Opinion Pleadings Praecipe A written or printed statement

More information

American Criminal Law and Procedure Vocabulary

American Criminal Law and Procedure Vocabulary American Criminal Law and Procedure Vocabulary acquit: affidavit: alibi: amendment: appeal: arrest: arraignment: bail: To set free or discharge from accusation; to declare that the defendant is innocent

More information

Overview of Pretrial & Trial Procedure. Basic Concepts. What is Proof (Evidence) David Hamilton City Attorney Reno & Honey Grove Tx.

Overview of Pretrial & Trial Procedure. Basic Concepts. What is Proof (Evidence) David Hamilton City Attorney Reno & Honey Grove Tx. Overview of Pretrial & Trial Procedure David Hamilton City Attorney Reno & Honey Grove Tx Basic Concepts PresumptionofInnocence:BurdenonStateto erase presumption by proof Beyond a Reasonable Doubt. Absolute

More information

Courtroom Terminology

Courtroom Terminology Courtroom Terminology Accused: formally charged but not yet tried for committing a crime; the person who has been charged may also be called the defendant. Acquittal: a judgment of court, based on the

More information

Fall, Criminal Litigation 9/4/17. Criminal Litigation: Arraignment to Appeal. How Do We Get A Case?

Fall, Criminal Litigation 9/4/17. Criminal Litigation: Arraignment to Appeal. How Do We Get A Case? Fall, 2017 F Criminal Litigation 20 17 Criminal Litigation: Arraignment to Appeal! Something must go wrong.! A wrongful act must occur. How Do We Get A Case?! If the law states that the wrongful act is

More information

acquittal: Judgment that a criminal defendant has not been proved guilty beyond a reasonable doubt.

acquittal: Judgment that a criminal defendant has not been proved guilty beyond a reasonable doubt. GlosaryofLegalTerms acquittal: Judgment that a criminal defendant has not been proved guilty beyond a reasonable doubt. affidavit: A written statement of facts confirmed by the oath of the party making

More information

Victim / Witness Handbook. Table of Contents

Victim / Witness Handbook. Table of Contents Victim / Witness Handbook Table of Contents A few words about the Criminal Justice System Arrest Warrants Subpoenas Misdemeanors & Felonies General Sessions Court Arraignment at General Sessions Court

More information

HOW A CRIMINAL CASE PROCEEDS IN FLORIDA

HOW A CRIMINAL CASE PROCEEDS IN FLORIDA HOW A CRIMINAL CASE PROCEEDS IN FLORIDA This legal guide explains the steps you will go through if you should be arrested or charged with a crime in Florida. This guide is only general information and

More information

Felony Cases. Police Investigation. Associate Circuit Court. Felony Versus Misdemeanor

Felony Cases. Police Investigation. Associate Circuit Court. Felony Versus Misdemeanor Felony Cases This outline describes how felony cases generally move through the criminal justice system. Cases may deviate from the outline at any time. It can be difficult to predict how a case will move

More information

Criminal Law Table of Contents

Criminal Law Table of Contents Criminal Law Table of Contents Attorney - Client Relations Legal Services Retainer Agreement - Hourly Fee Appearance of Counsel Waiver of Conflict of Interest Letter Declining Representation Motion to

More information

COMMONWEALTH OF PENNSYLVANIA : IN THE COURT OF COMMON PLEAS : CRIMINAL ACTION : NO. GUILTY PLEA COLLOQUY

COMMONWEALTH OF PENNSYLVANIA : IN THE COURT OF COMMON PLEAS : CRIMINAL ACTION : NO. GUILTY PLEA COLLOQUY COMMONWEALTH OF PENNSYLVANIA : IN THE COURT OF COMMON PLEAS vs. : CHESTER COUNTY, PENNSYLVANIA : CRIMINAL ACTION : NO. GUILTY PLEA COLLOQUY The defendant agrees to enter a plea of guilty to the following

More information

CHAPTER. OPENER- USE YOUR NOTES TO ANSWER THESE REVIEW Q s The Courts: Structure and Participants. Upper Saddle River, NJ 07458

CHAPTER. OPENER- USE YOUR NOTES TO ANSWER THESE REVIEW Q s The Courts: Structure and Participants. Upper Saddle River, NJ 07458 CHAPTER OPENER- USE YOUR NOTES TO ANSWER THESE REVIEW Q s The Courts: Structure and Participants 1 Appellate jurisdiction means the court may hear the case from the beginning until judgment. 1. Correct

More information

Stages of a Case Glossary

Stages of a Case Glossary Stages of a Case Glossary Stages of a Case are the specific events in the life of an indigent defense case. Each type of case has its own events known by special names. Following are details about the

More information

The court process CONSUMER GUIDE. How the criminal justice system works. FROM ATTORNEY GENERAL JEREMIAH W. (JAY) NIXON

The court process CONSUMER GUIDE. How the criminal justice system works. FROM ATTORNEY GENERAL JEREMIAH W. (JAY) NIXON The court process How the criminal justice system works. CONSUMER GUIDE FROM ATTORNEY GENERAL JEREMIAH W. (JAY) NIXON Inside The process Arrest and complaint Preliminary hearing Grand jury Arraignment

More information

The Courts CHAPTER. Criminal Justice: A Brief Introduction, 7E by Frank Schmalleger

The Courts CHAPTER. Criminal Justice: A Brief Introduction, 7E by Frank Schmalleger CHAPTER 7 The Courts 1 America s Dual Court System The United States has courts on both the federal and state levels. This dual system reflects the state s need to retain judicial autonomy separate from

More information

CAUSE NUMBER 00 THE STATE OF TEXAS IN THE COUNTY CRIMINAL V. COURT AT LAW NUMBER 00 DEFENDANT OF HARRIS COUNTY, TEXAS

CAUSE NUMBER 00 THE STATE OF TEXAS IN THE COUNTY CRIMINAL V. COURT AT LAW NUMBER 00 DEFENDANT OF HARRIS COUNTY, TEXAS CAUSE NUMBER 00 THE STATE OF TEXAS IN THE COUNTY CRIMINAL V. COURT AT LAW NUMBER 00 DEFENDANT OF HARRIS COUNTY, TEXAS MEMBERS OF THE JURY: You have found the Defendant, name, guilty of the offense of driving

More information

An Introduction. to the. Federal Public Defender s Office. for the Districts of. South Dakota and North Dakota

An Introduction. to the. Federal Public Defender s Office. for the Districts of. South Dakota and North Dakota An Introduction to the Federal Public Defender s Office for the Districts of South Dakota and North Dakota Federal Public Defender's Office for the Districts of South Dakota and North Dakota Table of Contents

More information

Criminal Litigation: Step-By-Step

Criminal Litigation: Step-By-Step Criminal Law & Procedure For Paralegals Criminal Litigation: Step-By-Step 2 Getting Defendant Before The Court! There are four methods to getting the defendant before the court 1) Warrantless Arrest 2)

More information

STUDENT STUDY GUIDE CHAPTER SEVEN

STUDENT STUDY GUIDE CHAPTER SEVEN Multiple Choice Questions STUDENT STUDY GUIDE CHAPTER SEVEN 1. Which of the following contributes to a large amount of public attention for a criminal trial? a. Spectacular crime b. Notorious parties c.

More information

Criminal Litigation: Step-By-Step

Criminal Litigation: Step-By-Step Criminal Law & Procedure For Paralegals Criminal Litigation: Step-By-Step Path of Criminal Cases in Queens Commencement Arraignment Pre-Trial Trial Getting The Defendant Before The Court! There are four

More information

General Background Check Terms

General Background Check Terms General Background Check Terms Adverse Action: A negative employment action such as not hiring an applicant; not promoting or not retaining an employee. Applicant: The subject of the inquiry, a job applicant

More information

Chapter 1. Crime and Justice in the United States

Chapter 1. Crime and Justice in the United States Chapter 1 Crime and Justice in the United States Chapter Objectives After completing this chapter, you should be able to do the following: Describe how the type of crime routinely presented by the media

More information

Pretrial Activities and the Criminal Trial

Pretrial Activities and the Criminal Trial C H A P T E R 1 0 Pretrial Activities and the Criminal Trial O U T L I N E Introduction Pretrial Activities The Criminal Trial Stages of a Criminal Trial Improving the Adjudication Process L E A R N I

More information

POLICY AND PROGRAM REPORT

POLICY AND PROGRAM REPORT Research Division, Nevada Legislative Counsel Bureau POLICY AND PROGRAM REPORT Criminal Procedure April 2016 TABLE OF CONTENTS Detention and Arrest... 1 Detention and Arrest Under a Warrant... 1 Detention

More information

Criminal Justice Process: Proceedings Before Trial. Chapter 13

Criminal Justice Process: Proceedings Before Trial. Chapter 13 Criminal Justice Process: Proceedings Before Trial Chapter 13 I. Booking and Initial Appearance A. Steps after arrest 1. Bookinga. Is the formal process of making a police record of arrest. At this time

More information

TEXAS CRIMINAL DEFENSE FORMS ANNOTATED

TEXAS CRIMINAL DEFENSE FORMS ANNOTATED TEXAS CRIMINAL DEFENSE FORMS ANNOTATED 1.1 SURETY S AFFIDAVIT TO SURRENDER PRINCIPAL Order By Daniel L. Young PART ONE STATE PROCEEDINGS CHAPTER 1. BAIL 1.2 SURETY S AFFIDAVIT TO SURRENDER PRINCIPAL CURRENTLY

More information

STRUCTURE OF A CRIMINAL TRIAL: (FELONY)

STRUCTURE OF A CRIMINAL TRIAL: (FELONY) TRIAL: (FELONY) STRUCTURE OF A CRIMINAL Crimes are divided into 2 general classifications: felonies and misdemeanors. A misdemeanor is a lesser offense, punishable by community service, probation, fine

More information

CIRCUIT COURT CLERKS MANUAL - CRIMINAL

CIRCUIT COURT CLERKS MANUAL - CRIMINAL PAGE Glossary-1 A ABSOLUTE OR UNCONDITIONAL PARDON ACQUITTAL ADJUDICATE AFFIDAVIT AFFIRMATIVE DEFENSE ALLOCUTION APPELLANT APPELLATE JURISDICTION APPELLEE ARRAIGN ATTORNEY-IN- FACT A pardon which frees

More information

NC General Statutes - Chapter 15A Article 91 1

NC General Statutes - Chapter 15A Article 91 1 Article 91. Appeal to Appellate Division. 15A-1441. Correction of errors by appellate division. Errors of law may be corrected upon appellate review as provided in this Article, except that review of capital

More information

COURT RULES OF CRIMINAL PROCEDURE CHAPTER 12 TABLE OF CONTENTS

COURT RULES OF CRIMINAL PROCEDURE CHAPTER 12 TABLE OF CONTENTS COURT RULES OF CRIMINAL PROCEDURE CHAPTER 12 TABLE OF CONTENTS Section 1. Title... 2 Section 2. Purpose... 2 Section 3. Definitions... 2 Section 4. Fundamental Rights of Defendants... 4 Section 5. Arraignment...

More information

A Victim s Guide to the Criminal Justice System

A Victim s Guide to the Criminal Justice System A Victim s Guide to the Criminal Justice System VCRC_GuideToCriminalJusticeSystem2015_v2.indd 1 2/4/2016 12:41:03 PM Victims Legal Resource Center (VLRC) About Us The Victims Legal Resource Center (VLRC)

More information

PRE-TRIAL PROCESSES INITIAL APPEARANCE. What you should know before you get started

PRE-TRIAL PROCESSES INITIAL APPEARANCE. What you should know before you get started PRE-TRIAL PROCESSES What you should know before you get started INITIAL APPEARANCE In person A plea of guilty or a plea of nolo contendere may be made by the defendant or his counsel in open court By mail

More information

Chapter 10 The Criminal Law and Business. Two elements must exist at the same time for a person to be convicted of a crime:

Chapter 10 The Criminal Law and Business. Two elements must exist at the same time for a person to be convicted of a crime: Chapter 10 The Criminal Law and Business Criminal Liability Two elements must exist at the same time for a person to be convicted of a crime: 1 the performance of a prohibited act (actus reus) 2 a specified

More information

Table of Contents INTRODUCTION...17 FORWARD...23

Table of Contents INTRODUCTION...17 FORWARD...23 Table of Contents INTRODUCTION...17 FORWARD...23 A...31 APPEALS District Court to Superior Court Infractions Procedures When Appealing From District Court to Superior Court Pretrial Release State s Right

More information

Criminal Justice in America CJ Chapter 10 James J. Drylie, Ph.D.

Criminal Justice in America CJ Chapter 10 James J. Drylie, Ph.D. Criminal Justice in America CJ 2600 Chapter 10 James J. Drylie, Ph.D. Pretrial Activities & The Criminal Trial This chapter will examine the criminal trial process. Highlights of the chapter will include

More information

STATE OF MISSISSIPPI CRIME VICTIMS BILL OF RIGHTS REQUEST TO EXERCISE VICTIMS RIGHTS

STATE OF MISSISSIPPI CRIME VICTIMS BILL OF RIGHTS REQUEST TO EXERCISE VICTIMS RIGHTS STATE OF MISSISSIPPI CRIME VICTIMS BILL OF RIGHTS REQUEST TO EXERCISE VICTIMS RIGHTS FOR VICTIM TO SIGN: I,, victim of the crime of, (victim) (crime committed) committed on, by in, (date) (name of offender,

More information

Amendments to Rules of Criminal Procedure Affecting District Court Procedures

Amendments to Rules of Criminal Procedure Affecting District Court Procedures Amendments to Rules of Criminal Procedure Affecting District Court Procedures Mr. Timothy Baughman, JD, Wayne County Prosecutor s Office Mr. Mark Gates, JD, Michigan Supreme Court Hon. Dennis Kolenda,

More information

PART 6 COURT CHAPTER 1 MUNICIPAL COURT

PART 6 COURT CHAPTER 1 MUNICIPAL COURT PART 6 COURT CHAPTER 1 MUNICIPAL COURT 6-101 Organization of municipal court. 6-102 Definitions. 6-103 Jurisdiction of court. 6-104 Judge; qualifications. 6-105 Appointment of judge. 6-106 Term of judge.

More information

COURT OF CRIMINAL APPEALS OF TEXAS

COURT OF CRIMINAL APPEALS OF TEXAS COURT OF CRIMINAL APPEALS OF TEXAS APPLICATION FOR A WRIT OF HABEAS CORPUS SEEKING RELIEF FROM FINAL FELONY CONVICTION UNDER CODE OF CRIMINAL PROCEDURE, ARTICLE 11.07 INSTRUCTIONS 1. You must use this

More information

Criminal Procedure (Reform and Modernisation) Bill 2010

Criminal Procedure (Reform and Modernisation) Bill 2010 Digest No. 1819 Criminal Procedure (Reform and Modernisation) Bill 2010 Date of Introduction: 15 November 2010 Portfolio: Select Committee: Published: 18 November 2010 by John McSoriley BA LL.B, Barrister,

More information

Criminal Procedure Act 2009

Criminal Procedure Act 2009 Examinable excerpts of Criminal Procedure Act 2009 as at 2 October 2017 CHAPTER 2 COMMENCING A CRIMINAL PROCEEDING PART 2.1 WAYS IN WHICH A CRIMINAL PROCEEDING IS COMMENCED 5 How a criminal proceeding

More information

Chapter 8. Pretrial and Trial Procedures

Chapter 8. Pretrial and Trial Procedures Chapter 8 Pretrial and Trial Procedures Legal Marijuana? https://www.youtube.com/watch?v=dq8xyzs mfja Bail Cash bond or other security to ensure appearance in court Allows the release from custody of a

More information

Criminal Justice Public Safety and Individual Rights

Criminal Justice Public Safety and Individual Rights Criminal Justice Public Safety and Individual Rights Crime Statistics Measuring crime How are the two national crime measures performed differently? https://www2.fbi.gov/ucr/cius_04/appendices/appendix_04.html

More information

The Criminal Court System. Law 521 Chapter Seven

The Criminal Court System. Law 521 Chapter Seven The Criminal Court System Law 521 Chapter Seven The Feds make criminal law and procedure. Criminal Court Structure Provinces responsible for organizing, administering, and maintaining the criminal court

More information

Criminal Justice Today, 15e (Schmalleger) Chapter 1 What Is Criminal Justice? 1.1 Multiple Choice Questions

Criminal Justice Today, 15e (Schmalleger) Chapter 1 What Is Criminal Justice? 1.1 Multiple Choice Questions Criminal Justice Today, 15e (Schmalleger) Chapter 1 What Is Criminal Justice? 1.1 Multiple Choice Questions 1) Social is a condition said to exist when a group is faced with social change, uneven development

More information

Select Post-Conviction Moments in Adult Criminal Cases

Select Post-Conviction Moments in Adult Criminal Cases Select Post-Conviction Moments in Adult Criminal Cases Icon Abatement ab Initio A legal doctrine that operates to extinguish criminal proceedings and vacate a conviction when the convicted person dies

More information

NC General Statutes - Chapter 15A Article 100 1

NC General Statutes - Chapter 15A Article 100 1 SUBCHAPTER XV. CAPITAL PUNISHMENT. Article 100. Capital Punishment. 15A-2000. Sentence of death or life imprisonment for capital felonies; further proceedings to determine sentence. (a) Separate Proceedings

More information

SENATE FILE NO. SF0042 A BILL. for. AN ACT relating to crimes and criminal procedure; providing

SENATE FILE NO. SF0042 A BILL. for. AN ACT relating to crimes and criminal procedure; providing 00 STATE OF WYOMING 0LSO-00 SENATE FILE NO. SF00 Restoration of firearm rights. Sponsored by: Senator(s) Case A BILL for AN ACT relating to crimes and criminal procedure; providing for the loss and restoration

More information

CRIMINAL LAW JURISDICTION, PROCEDURE, AND THE COURTS. February 2017

CRIMINAL LAW JURISDICTION, PROCEDURE, AND THE COURTS. February 2017 CRIMINAL LAW JURISDICTION, PROCEDURE, AND THE COURTS February 2017 Prepared for the Supreme Court of Nevada by Ben Graham Governmental Advisor to the Judiciary Administrative Office of the Courts 775-684-1719

More information

Lubbock District and County Courts Indigent Defense Plan. Preamble

Lubbock District and County Courts Indigent Defense Plan. Preamble Lubbock District and County Courts Indigent Defense Plan Preamble The Board of Judges made up of the District and County Courts at Law of Lubbock County will perform their judicial duties and supervisory

More information

General District Courts

General District Courts General District Courts To Understand Your Visit to Court You Should Know: It is the courts wish that you know your rights and duties. We want every person who comes here to receive fair treatment in accordance

More information

1 HB By Representative England. 4 RFD: Judiciary. 5 First Read: 07-FEB-17 6 PFD: 12/15/2016. Page 0

1 HB By Representative England. 4 RFD: Judiciary. 5 First Read: 07-FEB-17 6 PFD: 12/15/2016. Page 0 1 HB32 2 180359-2 3 By Representative England 4 RFD: Judiciary 5 First Read: 07-FEB-17 6 PFD: 12/15/2016 Page 0 1 180359-2:g:11/23/2016:FC/tj LRS2016-3160R1 2 3 4 5 6 7 8 SYNOPSIS: Under existing law,

More information

IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA CRIMINAL DIVISION COMMONWEALTH OF PENNSYLVANIA : : VS. : NO. : :

IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA CRIMINAL DIVISION COMMONWEALTH OF PENNSYLVANIA : : VS. : NO. : : IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA CRIMINAL DIVISION COMMONWEALTH OF PENNSYLVANIA : : VS. : NO. : : GUILTY PLEA COLLOQUY EXPLANATION OF DEFENDANT S RIGHTS You or your attorney

More information

NC General Statutes - Chapter 15A Article 89 1

NC General Statutes - Chapter 15A Article 89 1 Article 89. Motion for Appropriate Relief and Other Post-Trial Relief. 15A-1411. Motion for appropriate relief. (a) Relief from errors committed in the trial division, or other post-trial relief, may be

More information

ARTICLE 11A. VICTIM PROTECTION ACT OF 1984.

ARTICLE 11A. VICTIM PROTECTION ACT OF 1984. ARTICLE 11A. VICTIM PROTECTION ACT OF 1984. 61-11A-1. Legislative findings and purpose. (a) The Legislature finds and declares that without the cooperation of victims and witnesses, the criminal justice

More information

STATE OF MISSISSIPPI CRIME VICTIMS BILL OF RIGHTS REQUEST TO EXERCISE VICTIMS RIGHTS

STATE OF MISSISSIPPI CRIME VICTIMS BILL OF RIGHTS REQUEST TO EXERCISE VICTIMS RIGHTS STATE OF MISSISSIPPI CRIME VICTIMS BILL OF RIGHTS REQUEST TO EXERCISE VICTIMS RIGHTS FOR VICTIM TO SIGN: I,, victim of the crime of, (victim) (crime committed) committed on, by in, (date) (name of offender,

More information

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OKLAHOMA

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OKLAHOMA UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OKLAHOMA INFORMATION AND INSTRUCTIONS PETITION FOR A WRIT OF HABEAS CORPUS PURSUANT TO 28 U.S.C. 2254 (PERSONS IN STATE CUSTODY) 1) The attached form is

More information

It Is important, then, that you fully understand these rights before pleading guilty.

It Is important, then, that you fully understand these rights before pleading guilty. IN THE COURT OF COMMON PLEAS OF NORTHAMPTON COUNTY, PENNSYLVANIA CRIMINAL COMMONWEALTH OF PENNSYLVANIA CASE NO;(S) VS GUILTY PLEA STATEMENT ICOLLOQUYI You or your attorney has told this Court that you

More information

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA. Alexandria Division PLEA AGREEMENT

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA. Alexandria Division PLEA AGREEMENT IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division UNITED STATES OF AMERICA ) ) v. ) CRIMINAL NO. 02-37A ) JOHN LINDH, ) ) Defendant. ) PLEA AGREEMENT Paul J.

More information

FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION DIVISION OF LAW ENFORCEMENT

FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION DIVISION OF LAW ENFORCEMENT In the County Court in and for County, Florida of Arrest: of Arrest: WITNESS TO DISPOSAL/DESTRUCTION NE: Date Type of Court of Court IFWCDLE 025 (09/09) COURT ORIGINAL Signature of Defendant CASE NO. TRIAL

More information

Jackson County Prosecutor s Office Conviction Review Unit

Jackson County Prosecutor s Office Conviction Review Unit Jackson County Prosecutor s Office Conviction Review Unit APPLICATION FOR CONVICTION REVIEW The Conviction Review Unit of the Jackson County Prosecuting Attorney s Office investigates only claims of actual

More information

BUSINESS LAW. Chapter 8 Criminal Law and Cyber Crimes

BUSINESS LAW. Chapter 8 Criminal Law and Cyber Crimes BUSINESS LAW Chapter 8 Criminal Law and Cyber Crimes Learning Objectives List and describe the essential elements of a crime. Describe criminal procedure, including arrest, indictment, arraignment, and

More information

Your Guide to. in South Carolina. Issued: August 2013 Revised: July 2016

Your Guide to. in South Carolina. Issued: August 2013 Revised: July 2016 Your Guide to EXPUNGEMENT in South Carolina Issued: August 2013 Revised: July 2016 Provided by: The SC Center for Fathers and Families is funded in part by: Table of Contents Step 1: What is expungement?

More information

Structure of the Criminal Justice System. Developed by Jo Ann Grode 2004

Structure of the Criminal Justice System. Developed by Jo Ann Grode 2004 Structure of the Criminal Justice System Developed by Jo Ann Grode 2004 Sources of Law U.S. Constitution (includes Bill of Rights) U.S. Supreme Court decisions U.S. Code (federal laws) Wisconsin Constitution

More information

COURT OF COMMON PLEAS, BELMONT COUNTY, OHIO

COURT OF COMMON PLEAS, BELMONT COUNTY, OHIO COURT OF COMMON PLEAS, BELMONT COUNTY, OHIO State of Ohio, ) ) Plaintiff ) ) CASE NO.: vs. ) ) DRUG COURT PLEA, ) ) Defendant ) I,, being before the Court this day and with my counsel, Attorney, represent

More information

Criminal Justice Process

Criminal Justice Process Criminal Justice Process 1. Describe the basic steps that are followed when a crime is investigated. (See the chart on page 135) Search and Seizure Warrant file an affidavit (sworn statement of facts)

More information

Chapter SECTION OPENER / CLOSER: INSERT BOOK COVER ART. Section 2.1 A Dual Court System

Chapter SECTION OPENER / CLOSER: INSERT BOOK COVER ART. Section 2.1 A Dual Court System Chapter 2 SECTION OPENER / CLOSER: INSERT BOOK COVER ART Section 2.1 Chapter 2 A Dual The Court Court System System Section 2.1 Section 2.2 Trial Procedures Why It s Important Learning the structure of

More information

Chapter 6. Litigation Process (Federal and State) Now that you know about the structure of the court system, now you will learn about the process.

Chapter 6. Litigation Process (Federal and State) Now that you know about the structure of the court system, now you will learn about the process. Chapter 6 Litigation Process (Federal and State) Now that you know about the structure of the court system, now you will learn about the process. Page 1 PART A: Federal Litigation Process PROCEDURAL RULES

More information

Section 1: Statement of Purpose Section 2: Voluntary Discovery Section 3: Discovery by Order of the Court... 2

Section 1: Statement of Purpose Section 2: Voluntary Discovery Section 3: Discovery by Order of the Court... 2 Discovery in Criminal Cases Table of Contents Section 1: Statement of Purpose... 2 Section 2: Voluntary Discovery... 2 Section 3: Discovery by Order of the Court... 2 Section 4: Mandatory Disclosure by

More information

IN THE CIRCUIT COURT OF THE EIGHTH JUDICIAL CIRCUIT, IN AND FOR

IN THE CIRCUIT COURT OF THE EIGHTH JUDICIAL CIRCUIT, IN AND FOR IN THE CIRCUIT COURT OF THE EIGHTH JUDICIAL CIRCUIT, IN AND FOR COUNTY, FLORIDA STATE OF FLORIDA, Plaintiff, DATE FILED IN OPEN COURT D.C. vs. _ Defendant. CASE NO.: / CRIMINAL DIVISION: VIOLATION OF PROBATION/COMMUNITY

More information

Protective Orders No-Trespass/No-Contact Order What happens after a police report is filed? Miscellaneous Criminal Justice Information

Protective Orders No-Trespass/No-Contact Order What happens after a police report is filed? Miscellaneous Criminal Justice Information Protective Orders No-Trespass/No-Contact Order What happens after a police report is filed? Miscellaneous Criminal Justice Information Office of Victim Services Health Center Room 205 Phone: 765-285-7844

More information

Have you ever been a victim or a witness to a crime? If so, you may be entitled to certain rights under Louisiana's Crime Victim Bill of Rights.

Have you ever been a victim or a witness to a crime? If so, you may be entitled to certain rights under Louisiana's Crime Victim Bill of Rights. VICTIMS RIGHTS Have you ever been a victim or a witness to a crime? If so, you may be entitled to certain rights under Louisiana's Crime Victim Bill of Rights. As a victim or designated family member of

More information

Course Court Systems and Practices. Unit X Pre-trial

Course Court Systems and Practices. Unit X Pre-trial Course Court Systems and Practices Unit X Pre-trial Essential Question What happens to a case between the time a person is arrested and the time they have their trial? TEKS 130.296(c) (1)(G) (4)(B)(E)

More information

TYPE OF OFFENSE(S) AND SECTION NUMBER(S) LIST OFFENSE(S), CASE NUMBER(S) AND DATE(S) 3. CASE NUMBER(S) AND DATE(S)

TYPE OF OFFENSE(S) AND SECTION NUMBER(S) LIST OFFENSE(S), CASE NUMBER(S) AND DATE(S) 3. CASE NUMBER(S) AND DATE(S) SUPERIOR COURT OF CALIFORNIA Reserved for Clerk s File Stamp COUNTY: PLAINTIFF: COUNTY OF EL DORADO PEOPLE OF THE STATE OF CALIFORNIA DEFENDANT: ADVISEMENT OF RIGHTS, WAIVER, AND PLEA FORM FOR FELONIES

More information

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION PLEA AGREEMENT

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION PLEA AGREEMENT UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION UNITED STATES OF AMERICA v. KENNETH CONLEY No. 12 CR 986 Judge Gary Feinerman PLEA AGREEMENT 1. This Plea Agreement between the

More information

THE STATE OF NEW HAMPSHIRE SUPREME COURT OF NEW HAMPSHIRE ORDER

THE STATE OF NEW HAMPSHIRE SUPREME COURT OF NEW HAMPSHIRE ORDER THE STATE OF NEW HAMPSHIRE SUPREME COURT OF NEW HAMPSHIRE ORDER Pursuant to Part II, Article 73-a of the New Hampshire Constitution and Supreme Court Rule 51, the Supreme Court of New Hampshire adopts

More information

20 Questions for Delaware Attorney General Candidates

20 Questions for Delaware Attorney General Candidates 20 Questions for Delaware Attorney General Candidates CANDIDATE: KATHY JENNINGS (D) The Coalition for Smart Justice is committed to cutting the number of prisoners in Delaware in half and eliminating racial

More information

Decided: February 22, S15G1197. THE STATE v. KELLEY. We granted certiorari in this criminal case to address whether, absent the

Decided: February 22, S15G1197. THE STATE v. KELLEY. We granted certiorari in this criminal case to address whether, absent the In the Supreme Court of Georgia Decided: February 22, 2016 S15G1197. THE STATE v. KELLEY. HUNSTEIN, Justice. We granted certiorari in this criminal case to address whether, absent the consent of the State,

More information

NEW YORK. New York Correction Law Article Discretionary Relief From Forfeitures and Disabilities Automatically Imposed By Law

NEW YORK. New York Correction Law Article Discretionary Relief From Forfeitures and Disabilities Automatically Imposed By Law NEW YORK New York Correction Law Article 23 -- Discretionary Relief From Forfeitures and Disabilities Automatically Imposed By Law Section 700. Definitions and rules of construction. 701. Certificate of

More information

INSTRUCTIONS. 2. The clerk of the trial court in which you were convicted will make this form available to you, on request, without charge.

INSTRUCTIONS. 2. The clerk of the trial court in which you were convicted will make this form available to you, on request, without charge. COURT OF CRIMINAL APPEALS OF TEXAS APPLICATION FOR A WRIT OF HABEAS CORPUS SEEKING RELIEF FROM FINAL FELONY CONVICTION UNDER CODE OF CRIMINAL PROCEDURE, ARTICLE 11.07 INSTRUCTIONS 1. You must use the complete

More information

UNIFORM LAW COMMISSIONERS' MODEL PUBLIC DEFENDER ACT

UNIFORM LAW COMMISSIONERS' MODEL PUBLIC DEFENDER ACT National Legal Aid and Defender Association UNIFORM LAW COMMISSIONERS' MODEL PUBLIC DEFENDER ACT Prefatory Note In 1959, the Conference adopted a Model Defender Act based on careful study and close cooperation

More information

Arkansas Professional Bail Bondsman License Application(s) Module 1

Arkansas Professional Bail Bondsman License Application(s) Module 1 Arkansas Professional Bail Bondsman License Application(s) Module 1 Bail Bond License Application Problems Many things have changed in the licensing process since the inception of a beginning education

More information

APPLICATION FOR WRIT OF HABEAS CORPUS

APPLICATION FOR WRIT OF HABEAS CORPUS IN THE SUPERIOR COURT OF STATE OF GEORGIA, Petitioner, Civil Action No. Inmate Number vs., Habeas Corpus Warden, Respondent (Name of Institution where you are now located) APPLICATION FOR WRIT OF HABEAS

More information

DISTRICT OF COLUMBIA PRETRIAL SERVICES AGENCY

DISTRICT OF COLUMBIA PRETRIAL SERVICES AGENCY DISTRICT OF COLUMBIA PRETRIAL SERVICES AGENCY Processing Arrestees in the District of Columbia A Brief Overview This handout is intended to provide a brief overview of how an adult who has been arrested

More information

SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE VEHICLE CODE MISDEMEANOR GUILTY PLEA FORM. 1. My true full name is

SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE VEHICLE CODE MISDEMEANOR GUILTY PLEA FORM. 1. My true full name is For Court Use Only 1. My true full name is 2. I understand that I am pleading GUILTY / NOLO CONTENDERE and admitting the following offenses, prior convictions and special punishment allegations, with the

More information

Jury Selection. JURY SELECTION Bench Book Checklist 7 2 HOW DO WE GET THEM IN THE COURTROOM??????? NOW THAT THE JURORS ARE IN THE COURTROOM

Jury Selection. JURY SELECTION Bench Book Checklist 7 2 HOW DO WE GET THEM IN THE COURTROOM??????? NOW THAT THE JURORS ARE IN THE COURTROOM 1 Jury Selection JURY SELECTION Bench Book Checklist 7 2 HOW DO WE GET THEM IN THE COURTROOM??????? NOW THAT THE JURORS ARE IN THE COURTROOM WHERE ARE WE GOING TO SEAT THEM?????? HOW MANY????? See Bench

More information

PART I THE JUDICIAL SYSTEM

PART I THE JUDICIAL SYSTEM PART I THE JUDICIAL SYSTEM When warring parents head to court to fight over child custody in New York, their lawyers often let them in on a little secret. The most powerful person in the process is not

More information

RULES GOVERNING THE COURTS OF THE STATE OF NEW JERSEY RULE 3:21. SENTENCE AND JUDGMENT; WITHDRAWAL OF PLEA; PRESENTENCE INVESTIGATION; PROBATION

RULES GOVERNING THE COURTS OF THE STATE OF NEW JERSEY RULE 3:21. SENTENCE AND JUDGMENT; WITHDRAWAL OF PLEA; PRESENTENCE INVESTIGATION; PROBATION RULES GOVERNING THE COURTS OF THE STATE OF NEW JERSEY RULE 3:21. SENTENCE AND JUDGMENT; WITHDRAWAL OF PLEA; PRESENTENCE INVESTIGATION; PROBATION Rule 3:21-1. Withdrawal of Plea A motion to withdraw a plea

More information

Title 3 - Tribal Court Chapter 3 - Rules of Criminal Procedure

Title 3 - Tribal Court Chapter 3 - Rules of Criminal Procedure Title 3 - Tribal Court Chapter 3 - Rules of Criminal Procedure Title Authority Purpose and Scope Definitions Time Computation Assistance from State and Federal Agencies Subchapter I - Complaints Form of

More information

case 3:04-cr AS document 162 filed 09/01/2005 page 1 of 6

case 3:04-cr AS document 162 filed 09/01/2005 page 1 of 6 case 3:04-cr-00071-AS document 162 filed 09/01/2005 page 1 of 6 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA SOUTH BEND DIVISION UNITED STATES OF AMERICA ) ) v. ) Cause No. 3:04-CR-71(AS)

More information

AGENCY BILL ANALYSIS 2017 REGULAR SESSION WITHIN 24 HOURS OF BILL POSTING, ANALYSIS TO: and

AGENCY BILL ANALYSIS 2017 REGULAR SESSION WITHIN 24 HOURS OF BILL POSTING,  ANALYSIS TO: and LFC Requester: AGENCY BILL ANALYSIS 2017 REGULAR SESSION WITHIN 24 HOURS OF BILL POSTING, EMAIL ANALYSIS TO: LFC@NMLEGIS.GOV and DFA@STATE.NM.US {Include the bill no. in the email subject line, e.g., HB2,

More information

A GUIDEBOOK TO ALABAMA S DEATH PENALTY APPEALS PROCESS

A GUIDEBOOK TO ALABAMA S DEATH PENALTY APPEALS PROCESS A GUIDEBOOK TO ALABAMA S DEATH PENALTY APPEALS PROCESS CONTENTS INTRODUCTION... 3 PROCESS FOR CAPITAL MURDER PROSECUTIONS (CHART)... 4 THE TRIAL... 5 DEATH PENALTY: The Capital Appeals Process... 6 TIER

More information

Extradition Law. Approved on May 4, 1960

Extradition Law. Approved on May 4, 1960 Extradition Law Approved on May 4, 1960 Chapter 1: Extradition Conditions Article 1- If there is a extradition treaty concluded between Iran and foreign states, extradition should be performed according

More information

CHAPTER 10. RULES OF CRIMINAL PROCEDURE FOR THE PHILADELPHIA MUNICIPAL COURT AND THE PHILADELPHIA MUNICIPAL COURT TRAFFIC DIVISION

CHAPTER 10. RULES OF CRIMINAL PROCEDURE FOR THE PHILADELPHIA MUNICIPAL COURT AND THE PHILADELPHIA MUNICIPAL COURT TRAFFIC DIVISION PHILADELPHIA MUNICIPAL COURT 234 Rule 1000 CHAPTER 10. RULES OF CRIMINAL PROCEDURE FOR THE PHILADELPHIA MUNICIPAL COURT AND THE PHILADELPHIA MUNICIPAL COURT TRAFFIC DIVISION Rule 1000. Scope of Rules.

More information

LOCAL RULES SUPERIOR COURT of CALIFORNIA, COUNTY of ORANGE DIVISION 8 CRIMINAL

LOCAL RULES SUPERIOR COURT of CALIFORNIA, COUNTY of ORANGE DIVISION 8 CRIMINAL DIVISION 8 CRIMINAL Rule Effective Chapter 1. Felony Cases 800. Pretrial Motions in Felony Cases 07/01/98 805. Motions in Capital Cases 07/01/09 806. Subpoena Duces Tecum 07/01/12 Chapter 2. Misdemeanor

More information

79th OREGON LEGISLATIVE ASSEMBLY Regular Session. Enrolled. Senate Bill 64

79th OREGON LEGISLATIVE ASSEMBLY Regular Session. Enrolled. Senate Bill 64 79th OREGON LEGISLATIVE ASSEMBLY--2017 Regular Session Enrolled Senate Bill 64 Printed pursuant to Senate Interim Rule 213.28 by order of the President of the Senate in conformance with presession filing

More information

Glossary of Terms acquit action adjudication Administrator advance sheets adversary system affidavit affidavit of prejudice affirm allegation

Glossary of Terms acquit action adjudication Administrator advance sheets adversary system affidavit affidavit of prejudice affirm allegation Glossary of Terms A acquit To find a defendant not guilty in a criminal trial. action Proceeding taken in a court of law. Synonymous with case, suit, lawsuit. adjudication A judgment or decree. Administrator

More information

REVISOR XX/BR

REVISOR XX/BR 1.1 A bill for an act 1.2 relating to public safety; eliminating stays of adjudication and stays of imposition 1.3 in criminal sexual conduct cases; requiring sex offenders to serve lifetime 1.4 conditional

More information