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A civil suit brought under Title 42, Section 1983, of the U.S. Code against anyone who denies others their constitutional right to life, liberty, or property without due process of law. |
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A biological agent used to threaten human life (for example, anthrax, smallpox, or any infectious disease). |
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A civil suit, based on the case of Bivens v. Six Unknown Federal Agents, brought against federal government officials for denying the constitutional rights of others. |
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Potential responsibility for payment of damages or other court-ordered enforcement as a result of a ruling in a lawsuit. Civil liability is not the same as criminal liability, which means "open to punishment for a crime." |
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Force likely to cause death or great bodily harm. Also, "the intentional use of a firearm or other instrument resulting in a high probability of death." |
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The application of an amount and/or frequency of force greater than that required to compel compliance from a willing or unwilling subject. |
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The branch of a police organization tasked with investigating charges of wrongdoing involving members of the department. |
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A committee that investigated police corruption in New York City in the early 1970s. |
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A weapon that is designed to disable, capture, or immobilize—but not kill—a suspect. Occasional deaths do result from the use of such weapons, however. |
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The abuse of police authority for personal or organizational gain. |
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The use of physical restraint by a police officer when dealing with a member of the public. |
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Police Working Personality |
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All aspects of the traditional values and patterns of behavior evidenced by police officers who have been effectively socialized into the police subculture. Characteristics of the police personality often extend to the personal lives of law enforcement personnel. |
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A law enforcement officer who exhibits problem behavior, as indicated by high rates of citizen complaints and use-of-force incidents and by other evidence. |
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"Any police-initiated action that relies on the race, ethnicity, or national origin, rather than [1] the behavior of an individual, or [2] . . . information that leads the police to a particular individual who has been identified as being, or having been, engaged in criminal activity." |
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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. |
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The lawful authority of a court to review a decision made by a lower court. |
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The court officer whose duties are to keep order in the courtroom and to maintain physical custody of the jury. |
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The movement of a trial or lawsuit from one jurisdiction to another or from one location to another within the same jurisdiction. A change of venue may be made in a criminal case to ensure that the defendant receives a fair trial. |
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A low-level court that focuses on quality-of-life crimes that erode a neighborhood's morale, that emphasizes problem solving rather than punishment, and that builds on restorative principles such as community service and restitution. |
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The court authorized by law to hear the final appeal on a matter. |
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The professional courtroom actors, including judges, prosecuting attorneys, defense attorneys, public defenders, and others who earn a living serving the court. |
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A licensed trial lawyer hired or appointed to conduct the legal defense of a person accused of a crime and to represent him or her before a court of law. |
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An informal hearing place designed to mediate interpersonal disputes without resorting to the more formal arrangements of a criminal trial court. |
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A person who has special knowledge and skills recognized by the court as relevant to the determination of guilt or innocence. Unlike lay witnesses, expert witnesses may express opinions or draw conclusions in their testimony. |
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The three-tiered structure of federal courts, comprising U.S. district courts, U.S. courts of appeal, and the U.S. Supreme Court. |
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An elected or appointed public official who presides over a court of law and who is authorized to hear and sometimes to decide cases and to conduct trials. |
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The power of a court to review actions and decisions made by other agencies of government. |
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The territory, subject matter, or people over which a court or other justice agency may exercise lawful authority, as determined by statute or constitution. |
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A member of a trial or grand jury who has been selected for jury duty and is required to serve as an arbiter of the facts in a court of law. Jurors are expected to render verdicts of "guilty" or "not guilty" as to the charges brought against the accused, although they may sometimes fail to do so (as in the case of a hung jury). |
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An eyewitness, character witness, or other person called on to testify who is not considered an expert. Lay witnesses must testify to facts only and may not draw conclusions or express opinions. |
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The lawful authority of a court to hear or to act on a case from its beginning and to pass judgment on the law and the facts. The authority may be over a specific geographic area or over particular types of cases. |
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An attorney whose official duty is to conduct criminal proceedings on behalf of the state or the people against those accused of having committed criminal offenses. |
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The decision-making power of prosecutors, based on the wide range of choices available to them, in the handling of criminal defendants, the scheduling of cases for trial, the acceptance of negotiated pleas, and so on. The most important form of prosecutorial discretion lies in the power to charge, or not to charge, a person with an offense. |
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An attorney employed by a government agency or subagency, or by a private organization under contract to a government body, for the purpose of providing defense services to indigents, or an attorney who has volunteered such service. |
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State Court Administrator |
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A coordinator who assists with case-flow management, operating funds budgeting, and court docket administration. |
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A state judicial structure. Most states have at least three court levels: generally, trial courts, appellate courts, and a state supreme court. |
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A written order issued by a judicial officer or grand jury requiring an individual to appear in court and to give testimony or to bring material to be used as evidence. Some subpoenas mandate that books, papers, and other items be surrendered to the court. |
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Literally, "new trial." The term is applied to cases that are retried on appeal, as opposed to those that are simply reviewed on the record. |
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Victim-assistance Program |
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An organized program that offers services to victims of crime in the areas of crisis intervention and follow-up counseling and that helps victims secure their rights under the law. |
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The two-sided structure under which American criminal trial courts operate that pits the prosecution against the defense. In theory, justice is done when the most effective adversary is able to convince the judge or jury that his or her perspective on the case is the correct one. |
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A document guaranteeing the appearance of a defendant in court as required and recording the pledge of money or property to be paid to the court if he or she does not appear, which is signed by the person to be released and anyone else acting on his or her behalf. |
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Evidence that requires interpretation or that requires a judge or jury to reach a conclusion based on what the evidence indicates. From the proximity of the defendant to a smoking gun, for example, the jury might conclude that she pulled the trigger. |
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An oral summation of a case presented to a judge, or to a judge and jury, by the prosecution or by the defense in a criminal trial. |
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A finding by a court, when the defendant's sanity at the time of trial is at issue, that the defendant has sufficient present ability to consult with his or her attorney with a reasonable degree of rational understanding and that the defendant has a rational as well as factual understanding of the proceedings against him or her. |
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The release by executive decision of a prisoner from a federal or state correctional facility who has not served his or her full sentence and whose freedom is contingent on obeying specified rules of behavior. |
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A law intended to prevent the pretrial release of criminal defendants judged to represent a danger to others in the community. |
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Evidence that, if believed, directly proves a fact. Eyewitness testimony and videotaped documentation account for the majority of all direct evidence heard in the criminal courtroom. |
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Anything useful to a judge or jury in deciding the facts of a case. Evidence may take the form of witness testimony, written documents, videotapes, magnetic media, photographs, physical objects, and so on. |
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An appearance before a magistrate during which the legality of the defendant's arrest is initially assessed and the defendant is informed of the charges on which he or she is being held. At this stage in the criminal justice process, bail may be set or pretrial release arranged. Also called initial appearance. |
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Something that is not based on the personal knowledge of a witness. Witnesses who testify about something they have heard, for example, are offering hearsay by repeating information about a matter of which they have no direct knowledge. |
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The long-standing precedent that hearsay cannot be used in American courtrooms. Rather than accepting testimony based on hearsay, the court will ask that the person who was the original source of the hearsay information be brought in to be questioned and cross-examined. Exceptions to the hearsay rule may occur when the person with direct knowledge is dead or is otherwise unable to testify. |
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The process whereby, according to law and precedent, members of a trial jury are chosen. |
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A plea of "no contest." A no-contest plea is used when the defendant does not wish to contest conviction. Because the plea does not admit guilt, however, it cannot provide the basis for later civil suits that might follow a criminal conviction. |
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The initial statement of the prosecution or the defense, 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 to prove the case. |
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The right to challenge a potential juror without disclosing the reason for the challenge. Prosecutors and defense attorneys routinely use peremptory challenges to eliminate from juries individuals who, although they express no obvious bias, are thought to be capable of swaying the jury in an undesirable direction. |
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The intentional making of a false statement as part of the testimony by a sworn witness in a judicial proceeding on a matter relevant to the case at hand. |
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In criminal proceedings, the defendant's formal answer in court to the charge contained in a complaint, information, or indictment that he or she is guilty of the offense charged, is not guilty of the offense charged, or does not contest the charge. |
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The process of negotiating an agreement among the defendant, the prosecutor, and the court as to an appropriate plea and associated sentence in a given case. Plea bargaining circumvents the trial process and dramatically reduces the time required for the resolution of a criminal case. |
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The release of an accused person from custody, for all or part of the time before or during prosecution, on his or her promise to appear in court when required. |
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The degree to which a particular item of evidence is useful in, and relevant to, providing something important in a trial. |
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The setting of bail in the form of land, houses, stocks, or other tangible property. In the event that the defendant absconds prior to trial, the bond becomes the property of the court. |
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Evidence that consists of physical material or traces of physical activity. |
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Release on Recogizance
(ROR) |
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The pretrial release of a criminal defendant on his or her written promise to appear in court as required. No cash or property bond is required. |
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Court rules that govern the admissibility of evidence at criminal hearings and trials. |
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Scientific Jury Selection |
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The use of correlational techniques from the social sciences to gauge the likelihood that potential jurors will vote for conviction or for acquittal. |
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A jury that is isolated from the public during the course of a trial and throughout the deliberation process. |
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A 1974 federal law requiring that proceedings against a defendant in a federal criminal case begin within a specified period of time, such as 70 working days after indictment. Some states also have speedy trial requirements. |
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Oral evidence offered by a sworn witness on the witness stand during a criminal trial. |
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Oral evidence offered by a sworn witness on the witness stand during a criminal trial. |
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