Criminal Law Terminologies and Their Meaning Research Paper

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De minimus communication refers to occasional communication between defendants and jurors that would have no impact on the outcome of the case. Minimal communication like a hello or giving directions would not influence the case in anyway and this is allowed within the American legal system (Hess & Orthmann, 2009). This allows the defendants to not seem aloof or unfriendly to the jurors. Minimal communication is permissible and is at times unavoidable, and this rule ensures that one can have slight interactions with the jurors without it affecting their case. Unauthorized communication can affect the trial and result in a mistrial, but the law has recognized that it is not possible to avoid all contact especially with the jurors. This would ensure that greeting a juror or giving them directions does not result in a mistrial.

The discovery process is a formal process of exchanging information amongst the parties regarding the evidence and witnesses each party will present at trial. From the late 1940's, it has been mandatory that both parties disclose to each other the relevant documents and facts before trial. The discovery process allows both parties to collect the information they need in order to assess the strengths and weaknesses of their case and that of the opposing party.

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The discovery process can assist the parties the settle the case out of court or it can assist them to resolve some issues or agree upon some fact in order to shorten the trial period. The trial runs smoothly and fairly because there are no surprises been presented by either of the parties.

The Brady rule refers to any information or evidence favorable to the defendant during a criminal case and is known to the prosecutor. The Brady rule came about from the Supreme Court case of Brady v. Maryland in 1963. This rule is vital because it ensures that the prosecution does not withhold any information that would be favorable to the accused, or would reduce the defendant's potential sentence. If the prosecution fails to disclose or present this evidence, and there has been prejudice, the evidence would then be suppressed. It would not matter if the prosecutor knew about the evidence or if they did not, the evidence would still be suppressed (General Books LLC, 2010). It is the defendant's burden to prove that had the information been presented there would be a reasonable probability….....

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