Pretrial Procedures and Criminal Trial Process

An agreement where a defendant pleads guilty to a lesser charge or accepts a reduced sentence in exchange for dropping some or all charges.

Guarantees the right to a speedy and public trial by an impartial jury.

A legal principle stating that a defendant is innocent until proven guilty in a criminal trial.

The process of selecting a jury by questioning potential jurors to determine their suitability.

A legal reason to remove a potential juror because they are considered unfit to serve.

The questioning of a witness by the attorney who called them to the stand.

The questioning of a witness by the opposing attorney to challenge their testimony.

A defense strategy that attempts to create uncertainty in the jury's mind about the prosecution's case.

The attorney who represents the government in criminal cases, bringing charges and pursuing convictions. They have a lot of power to decide whether to prosecute, what charges to file, and what punishment to seek.

An attorney who represents a defendant in a criminal case, working to defend them against charges brought by the DA. They can be private or public.

A defense attorney who is employed by the state or county and provides legal services to those who cannot afford a private attorney.

The chief legal officer of a state or country, responsible for representing the government's interests in legal matters, including overseeing criminal prosecutions.

A defense attorney's duty to vigorously represent their client's interests, using all legal means available to achieve the best possible outcome.

A sum of money that a defendant must pay to be released from custody before trial, ensuring their appearance in court.

A formal hearing in which the judge decides whether there is enough evidence to proceed with a criminal trial. It is only for felony cases.

The process where both sides exchange information and evidence, including documents, witness statements, and physical evidence, before trial.

The Fifth Amendment protects against being tried for the same crime twice.

A formal request to a judge to review the legality of someone's imprisonment.

Punishment for breaking the law, based on the principle of deserved punishment.

Sentencing aims to discourage future crime by making potential criminals fear the consequences.

Sentencing focused on giving criminals resources to change their behavior and become law-abiding.

Laws that require violent offenders to serve at least 85% of their sentence before being considered for release.

Sentencing with a range of time set by law, allowing judges to adjust the sentence.

Sentencing with a fixed time set by law, not adjustable by judges.

A plea in criminal court where the defendant does not admit guilt but does not contest the charges. It's essentially a guilty plea without admitting guilt.

A statement given by the victim of a crime to the court detailing the impact the crime had on them, including emotional, physical, and financial consequences.

A hearing held in criminal cases where a judge determines if there is enough evidence to proceed to trial.

The process of ending a probationer's probation early due to a violation of probation terms.

A form of probation with stricter monitoring and supervision, often used for higher-risk offenders.

Centers where probationers go during the day to receive treatment, education, and counseling services.

Landmark Supreme Court case guaranteeing the right to legal representation for all criminal defendants.

Rules and standards that help to ensure consistent sentencing practices for similar crimes.

The U.S. Supreme Court ordered California to reduce its prison population to improve inmate care, including medical care, rehabilitation, and prison programs.

The practice of separating inmates based on race or gang affiliation. The U.S. Supreme Court found California's 60-day segregation policy unconstitutional.

The legal doctrine stating the government has the responsibility to protect children's well-being and act as their parent in cases of neglect or abuse.

Landmark Supreme Court case that established due process rights for juveniles, including the right to counsel, cross-examination, and protection against self-incrimination.

The tendency for former juvenile offenders to re-offend after being released from the juvenile justice system. Juveniles transferred to adult court have higher recidivism rates.

A prison model focused on security and discipline. It prioritizes control and punishment, often with minimal emphasis on rehabilitation.

A prison model that emphasizes reforming inmates through programs and treatment. It aims to address underlying causes of crime and prepare inmates for successful reintegration.

A prison model that emphasizes preparing inmates for successful reentry into society. It focuses on developing skills, education, and support networks to reduce recidivism.

Psychological and emotional issues associated with prolonged solitary confinement in supermax prisons. This can include anxiety, depression, and paranoia.

The oldest prison gang in the United States, primarily composed of Hispanic gang members from East Los Angeles. EME has strong influence both inside and outside prison walls.

A white supremacist prison gang that originated in San Quentin. It's known for conflicts with other gangs like the Mexican Mafia and Black Guerilla Family.

A prison gang founded by a black panther at San Quentin. It's known for its strong ties to the Crips and political activism.

Gang affiliations and alliances shift within prison settings. For example, the Aryan Brotherhood aligns with the Mexican Mafia, while the Black Guerilla Family forms alliances with the Nuestra Familia.