| bail | Security posted to guarantee that a defendant in a criminal proceeding will appear and be present in court as required.
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| Batson v. Kentucky | The Supreme Court ruling that a prosecutor's use of peremptory challenges to exclude from a jury members of the defendant's race solely on racial grounds violates the equal protection rights of the defendant.
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| bench warrant | A written order, issued by the court, authorizing a defendant's arrest.
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| Benton v. Maryland | The Supreme Court ruling that overruled Palko and extended the double jeopardy protection to state actions.
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| charging the jury | An order by the judge directing the jurors to retire to the jury room, consider the facts of the case and the evidence and testimony presented, and from their deliberations return a just verdict.
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| double jeopardy | Multiple prosecutions for the same offense and/or multiple punishments for the same crime; prohibited by the Fifth Amendment.
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| Downum v. United States | The Supreme Court ruling that double jeopardy begins at the point where the second trial jury is sworn in.
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| Duncan v. Louisiana | The Supreme Court ruling that the Fourteenth Amendment's guarantee of due process requires states to provide trial by jury to persons accused of serious crimes.
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| evidence | Any species of proof, through the media of witnesses, records, documents, concrete objects, and circumstances.
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| evidence in chief | The first or direct examination of a witness.
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| grand jury | A body of persons who have been selected according to law and sworn to hear evidence against accused persons and to determine whether there is sufficient evidence to bring those persons to trial, to investigate criminal activity generally, and to investigate the conduct of public agencies and officials.
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| Hurtado v. California | The Supreme Court ruling that the due process clause of the Fourteenth Amendment does not require states to use grand jury indictments or presentments in capital cases.
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| indictment | A formal charging document returned by a grand jury, based on evidence presented to it by the prosecutor.
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| information | A formal charging document drafted by a prosecutor and tested before a magistrate.
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| J.E.B. v. Alabama ex rel. T.B. | The Supreme Court ruling that the exercise of peremptory challenges on the basis of gender violates the equal protection clause of the Fourteenth Amendment.
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| jury nullification | The refusal or marked reluctance on the part of a jury to convict, because of the severe nature of the sentence involved or other factors or because a jury otherwise "nullifies" the force of strict legal procedure.
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| Klopfer v. North Carolina | The Supreme Court ruling that the Sixth Amendment right to a speedy trial applies in state as well as federal proceedings.
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| mistrial | A trial that has been terminated without a verdict and declared invalid by the court because of some circumstance that creates a substantial and uncorrectable prejudice to the conduct of a fair trial.
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| motion | An application made to the court or judge requesting an order or ruling in favor of the applicant.
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| nolo contendere | A plea of "no contest" or "I do not wish to contest," with the same implication as a guilty plea.
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| Palko v. Connecticut | The Supreme Court ruling that the due process clause of the Fourteenth Amendment does not require the states to observe the double jeopardy guarantee of the Fifth Amendment.
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| presentment | A written notice of accusation issued by a grand jury, based on its own knowledge and observation.
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| release on recognizance (ROR) | The release of an accused on his or her own obligation rather than on a monetary bond.
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| sequestration | The removal of the jurors (and alternates, if any) from all possible outside influences.
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| Sixth Amendment | Amendment to the Constitution guaranteeing the right to:- A speedy and public trial, by an impartial jury, in the district where the offense was committed.
- Notice of charges.
- Confrontation with witnesses.
- Compulsory process for obtaining witnesses.
- Assistance of counsel.
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| speedy trial | The Sixth Amendment guarantee that protects an accused from indefinite incarceration prior to coming to trial.
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| Speedy Trial Act | A congressional measure that established a 100-day deadline between arrest and trial in federal cases.
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| Stack v. Boyle | The Supreme Court ruling that bail set at a figure higher than an amount reasonably calculated to ensure the presence of the accused at trial and at the time of final submission to sentence is "excessive" under the Eighth Amendment.
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| surety | A third party who posts a bond for an accused.
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| transactional immunity | Immunity against prosecution given to a grand jury witness in return for testifying.
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| true bill | A grand jury's endorsement of the charge or charges specified in the prosecutor's bill.
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| United States v. Calandra | The Supreme Court ruling that refused to extend the exclusionary rule to grand jury questions based on illegally seized evidence.
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| use immunity | A limited immunity that prohibits the government only from using a grand jury witness's compelled testimony in a subsequent criminal proceeding.
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| venire | A writ that summons jurors.
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| voir dire | An oath sworn by a juror regarding his or her qualifications.
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