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Venire
The pool of prospective jurors from which the jury panel is selected.
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Jury Voir Dire
The process of questioning a panel of prospective jurors to select the final panel; roughly it means "to speak the truth."
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Challenges for Cause
The motion that a prospective juror should be excluded because he or she is incapable of being impartial.
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Peremptory Challenge
The motion that excludes a prospective juror from the jury panel without specific reason or justification.
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Jury Nullification
The power of a jury in a criminal case to acquit a defendant for any reason or no reason at all. When a jury in a criminal case exercises this power, its decision cannot be appealed.
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Contempt
The power of a court to punish persons for failure to obey court orders or coerce them into obeying court orders.
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Exculpatory Evidence
Any evidence that tends to provde the innocence of an accused.
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Pretrial Discovery
A reciprocal exchange of information between the prosecuting and defending attorneys, before trial, either as ordered by the court in a particular case or required by statute or rule.
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Reasonable Doubt
The standard of proof in a criminal case. A doubt based upon reason: that which would make a reasonable person hesitate to act in connection with important affairs of life.
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Order of Trial
- Prosecution's Opening Statements
- Defendant's Opening Statements
- Prosecution's Case-in-Chief
- Defendant's Case-in-Chief
- Closing Arguments
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Opening Statement
A summary of how the prosecution expects its evidence to show the defendant guilty beyond a reasonable doubt or how the defense attorney expects to raise a reasonable doubt. It is not an argument but rather a road map of the prosecution's case-in-chief.
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Case-in-Chief
That portion of the trial that compromises the main evidence, for either the prosecution or the defense.
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Corpus Delicti
The requirement that the prosecution present sufficient evidence to establish that a crime was committed by someone.
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Prima Facie Case
The amount of proof the prosecution myst present in its case-in-chief; evidence sufficient to establish that a crime was committed and that the defendant probably did it.
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Judgment of Acquittal
A judicial decision on whether the prosecution has satisfied its burden during the presentation of its case-in-chief. If the defense's motion for judgment of acquittal is granted, the case is over.
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Direct Examination
The questioning of a witness by the side who calls that witness.
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Leading Question
A question that suggests to the witness the answer sought by the questioner.
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Evidentiary Objections
Legal arguments raised by opposing counsel during trial to prevent a witness from testifying or other evidence from being admitted.
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Rulings on Objections
The judge's decision on evidentiary objections:overruled, the witness may testify; or sustained, the witness must not answer the question.
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Cross-Examination
The rigorous examination of a witness by opposing counsel in which the questioner seeks to detract from the witness's credibility.
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Redirect Examination
Further questioning, after cross, for the limited purpose of rebutting or clarifying information brought out during cross-examination.
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Re-Cross Examination
Further questioning, after redirect, for clarification purposes. This, and subsequent questioning, is purely within the the discretion of the trial judge.
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Affirmative Defense
A reason under the law that allows a defendant to claim to be exonerated, one that the defendnat must affirmatively claim and prove.
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Jury Deliberation
The review of evidence by the jury in an attempt to reach a verdict.
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Sequestered Jury
A jury removed from any outside influence.
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Hung Jury
A jury that cannot reach a verdict.
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