§ 1 Trial list of criminal cases, adding cases to list
§ 2 Trial of issues of fact
§ 4 Oaths of jurors
§ 5 Affirmation of jurors
§ 6A Testimony concerning ownership in cases involving motor vehicle theft or fraudulent claims; preservation of testimony
§ 7 Burden to prove license or admission to practice as attorney at law
§ 8 Justification in libel cases
§ 8A Killing or injuring a person unlawfully in a dwelling; defense
§ 9 Proof of ownership of property
§ 10 Night time; definition
§ 11 Directed verdict; setting aside verdict, new trial or finding of guilty of included offense
§ 11A Habitual criminals; separate trial on issue of prior conviction
§ 12 Acquittal of part of crime and conviction of residue
§ 14 Liability for fees of person acquitted
§ 15 Discontinuance of prosecution under by-laws, ordinances, etc.
§ 16 Assignment of counsel for inmates of institutions for reformation of juvenile offenders
§ 16A Exclusion of public from trial for sex offenses involving minors under age of eighteen
§ 16B Exclusion of public from trial of criminal proceeding involving husband and wife
§ 16C Exclusion of public from trial involving crime of incest or rape
§ 16D Child witness testimony; videotaping or transmission by simultaneous electronic means in certain cases
§ 16F Expedited trials of sex crimes involving minor children as victims or witnesses; continuance; impact statement
§ 18 Pleas of not guilty, guilty or nolo contendere; requests for specific disposition; pretrial motions
§ 23 Certain acts or omissions by defendant not admissible against him in criminal trial
§ 28 Appeal to supreme judicial court
§ 28A Appellate division of superior court for review of sentences
§ 28B Right of appeal to appellate division; time limit; stay of execution of sentence; jurisdiction; review of judgment, etc.; disposition
§ 28C Amendment of judgment; resentencing or other disposition
§ 28D1/2 Salary of clerk and assistant clerks of appellate division; designation and salary of clerical assistant in matters pertaining to business of appellate division
§ 28E Appeals by commonwealth
§ 29B Withdrawal of uncounseled guilty plea
§ 29D Conviction upon plea of guilty, nolo contendere or an admission to sufficient facts; motion to vacate
§ 33E Capital cases; review by supreme judicial court
§ 34 Motions in arrest of judgment
§ 35 Trial of male and female prisoners

Terms Used In Massachusetts General Laws > Chapter 278 - Trials and Proceedings Before Judgment

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Docket: A log containing brief entries of court proceedings.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Juror: A person who is on the jury.
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Oath: A promise to tell the truth.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Quorum: The number of legislators that must be present to do business.
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Verdict: The decision of a petit jury or a judge.