Chapter 14

TRIALS AND JURIES

1) Acquittal - not guilty verdict

 2) Affirmative defense - not based on denying prosecution’s case

 3) Alibi defense - defendant somewhere else when crime committed

 4) Alternate jurors - jurors who will serve if regular juror must withdraw

 5) Bench trial - trial before a judge / no jury

 6) Best-evidence rule - only original of document is admissible as evidence

 7) Challenge for cause - challenging juror’s fitness for duty because of bias, prejudice, etc.

 8) Change of venue - changing place where case is tried to overcome local publicity

 9) Charging conference - attorneys attempt to influence judge’s choice of jury instructions

 10) Circumstantial evidence - indirect evidence

 11) Closing argument - each side sums up evidence / case

 12) Contempt of court - sanction for violating court order

 13) Cross-examination - opposing party questions witnesses called by other party

14) Direct evidence - eyewitness testimony

 15) Duress - defense based on being unlawfully induced by police to commit the crime

 16) Evidence - anything presented to the jury by either party

 17) Gag order - judicial order prohibiting persons involved in case from talking to media

 18) Hearsay - secondhand evidence (not admissible)

19) Hung jury - jury unable to reach a verdict

 20) Immaterial - evidence not related to an issue at trial

 21) Irrelevant - evidence not related to fact in issue at trial

 22) Jury deliberations - jurors discuss evidence / vote on verdict

 23) Jury instructions - judge explains law to jury

 24)) Jury nullification - power of jury to ignore (nullify the law)

 25) Master jury list - Large list of potential jurors (some will be summoned)

 26) Mistrial - trial is aborted because of some event

 27) Objection - legal argument in opposition to admission of opponent’s evidence

 28) Opening statements - lawyers tell jury what evidence they will present

 29) Peremptory challenge - challenges to juror not requiring a reason

 30) Petit jury - trial jury, traditionally composed of twelve persons

 31) Petty offense - offense for which Sixth Amendment right to jury trial is not available (maximum imprisonment six months or less)

 32) Post-verdict motions - defense motions at trial court to overturn conviction

 33) Prejudicial pretrial publicity - publicity that may make a fair trial difficult

 34) Presumption of innocence - prosecution must prove guilt, no burden on defendant

 35) Real evidence - physical objects

 36) Beyond reasonable doubt - burden of proof on prosecution in criminal case

 38) Rebuttal - evidence offered to contradict evidence of other party

 39) Self-defense - use of force necessary to repel illegal attack

 40) Self-incrimination - defendant’s Fifth Amendment privilege not to testify

 41) Sequestering jury - keeping jury together and isolated from prejudicial contact

 42) Statutory exemptions - persons exempted from jury service by statute

 43) Trustworthiness - one criterion for admissibility; only credible reliable evidence is admissible

 44) Venire - group of citizens at courthouse from which jurors are chosen

 45) Venue - place (usually county) where case will be tried

 46) Verdict - judge or jury’s decision on guilt

 47) Voir dire - questioning of prospective jurors