Criminal Justice and Due Process Vocabulary

Vocabulary practice flashcards defining key legal terms, constitutional amendments, crime classifications, procedures, and sentences from American Government unit SSCG14.

Due Process

The requirement that the government must act fairly and in compliance with established rules in all that it does, ensuring both the methods and the laws under which it acts are fair.

Procedural Due Process

The aspect of due process that concerns the methods and procedures used by government officials when enforcing laws (the 'how').

Substantive Due Process

The aspect of due process that concerns the substance, policies, and fairness of the laws themselves (the 'what').

Fourth Amendment

Constitutional amendment protecting citizens against unreasonable searches and seizures and arbitrary arrests, serving as the basis for search warrant and probable cause laws.

Probable Cause

Suspicion based on evidence that criminal activity may be taking place; required before law enforcement can obtain a search warrant.

Exclusionary Rule

A legal rule stating that evidence obtained unconstitutionally or through illegal searches cannot be used against a defendant in court.

Fifth Amendment

Constitutional amendment prohibiting the deprivation of life, liberty, or property without due process of law, while protecting against self-incrimination and double jeopardy.

Double Jeopardy

The prohibited practice of prosecuting or trying a person twice for the exact same offense.

Self-Incrimination

Giving testimony or evidence that exposes oneself to criminal prosecution; protected against by the Fifth Amendment.

Eminent Domain

The power of the government to take private property for public use provided the owner is paid just compensation at fair market value.

Sixth Amendment

Constitutional amendment guaranteeing essential legal protections to criminal defendants, including a speedy and public trial, legal counsel, and the right to confront accusers.

Subpoena

A court order requiring a person to attend court or hand over relevant physical evidence under penalty for non-compliance.

Voir Dire

The process of questioning potential jurors prior to trial to uncover any biases or personal knowledge about the case.

Plea Bargain

An agreement in a criminal case where the defendant pleads guilty in exchange for reduced charges or a lighter sentence.

Seventh Amendment

Constitutional amendment guaranteeing the right to a trial by jury in civil disputes between private parties.

Eighth Amendment

Constitutional amendment protecting accused individuals from excessive bail, excessive fines, and cruel and unusual punishments.

Fourteenth Amendment

Constitutional amendment extending due process protections to state and local governments and guaranteeing equal protection under the law for all persons.

Petty Crime

A minor violation of the law that is not considered serious compared to other offenses, typically punished by a fine.

Misdemeanor

A less severe criminal offense that usually results in a fine or a jail sentence of less than one year.

Felony

A serious crime that carries a punishment of at least one year in prison or severe penalties up to capital punishment.

Personal Crimes

Offenses committed against an individual that cause physical or mental harm to another person, such as assault, battery, and homicide.

Assault

An intentional act that creates a reasonable fear of imminent harmful or offensive touching, even if no physical contact occurs.

Battery

Intentional and unconsented physical contact or offensive touching inflicted on another person.

Homicide

The unlawful or lawful killing of one human being by another.

Property Crimes

Offenses that involve unlawful interference with another person's property, such as larceny, burglary, robbery, arson, and forgery.

Larceny

The unlawful taking and carrying away of someone else's property with the intent to permanently deprive the owner of it.

Burglary

Unlawfully breaking and entering into another person's home or structure with the intent to commit a felony inside.

Robbery

The illegal taking of property from another person through force, intimidation, or threat of violence.

Arson

The willful and malicious burning of a building, structure, or property.

Forgery

The creation, alteration, or imitation of a document or signature with the specific intent to defraud another person.

Statutory Crimes

Crimes defined and prohibited by specific written federal or state legislative enactments.

Inchoate Crimes

Offenses that were begun or planned but not fully completed, such as solicitation, conspiracy, and acting as an accomplice.

Solicitation

The crime of requesting, commanding, hiring, or encouraging another person to commit an illegal act.

Conspiracy

An agreement between two or more persons to combine efforts to commit an unlawful act.

Indictment

A formal written charge issued by a grand jury or filed by a prosecutor stating that there is sufficient evidence to bring a suspect to trial.

Arraignment

A formal pre-trial court proceeding where a judge reads the criminal charges to the defendant and accepts their plea.

Bail

Money or property pledged by a defendant as security to ensure their return to court for scheduled proceedings.

Bench Trial

A trial held directly before a judge without a jury, where the judge determines both the law and facts of the case.

Verdict

The formal finding of guilt or innocence reached by a judge or jury at the conclusion of a trial.

Incarceration

The confinement of a convicted individual in a local jail or state/federal prison as punishment.

Jail

A short-term confinement facility typically operated by county sheriff departments to hold pre-trial detainees and misdemeanor convicts.

Prison

A long-term confinement facility operated by state or federal authorities for convicted felons serving sentences over one year.

Probation

A court-ordered criminal sanction served in the community under strict supervision in lieu of prison time.

Boot Camp

A short-term correctional option involving military-style training and discipline, usually reserved for teenage or first-time offenders.

Civil Cases

Legal lawsuits involving non-criminal disputes between private individuals or companies seeking financial compensation or court orders.

Plaintiff

The party who initiates a civil lawsuit alleging that they suffered harm because another party failed to perform a legal duty.