CRIMINAL JUSTICE FINAL

Letter of the Law

When one obeys the literal interpretation of the words of the law, but not necessarily the intent of the law.

Intent of the Law

Intent generally refers to the mental aspect behind an action, often shown by circumstantial evidence such as the acts or knowledge of the defendant.

Common Law

The part of English law that is derived from custom and judicial precedent rather than statutes, often contrasted with statutory law.

First Amendment

Freedom of speech, Freedom of religion, Freedom of press, Freedom to assemble and Freedom to petition.

Second Amendment

Right to bear arms.

Fourth Amendment

Right to forego unreasonable search and seizure; right to privacy.

Fifth Amendment

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself; nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Sixth Amendment

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.

Eighth Amendment

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Fourteenth Amendment

All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside; no State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Prosecutor

Attorney representing the State.

Plaintiff

Person who begins a lawsuit.

Defendant (Criminal)

Person being accused of committing a crime.

Defense Attorney

Counsel representing the accused.

Defendant (Civil)

Person being sued.

Judge (Criminal)

Admits evidence, maintains order, rules on objections, determines sentence of defendant if found guilty.

Judge (Civil)

Maintains order; admits evidence, rules on objections.

Jury (Criminal)

Determines guilt or innocence.

Jury (Civil)

Decides liability and awards damages if warranted.

Bench Trial

Judge is the only person who hears a case and determines outcome.

Verdict (Criminal)

Must be unanimous.

Verdict (Civil)

Majority Vote.

Beyond a Reasonable Doubt

In a criminal case, the verdict must be based on the premise that there is no one else that could have committed this crime other than the defendant or there is not enough evidence to convict this individual.

Preponderance of Evidence

The jury must decide who is liable for the action, and it does not have to be only one party's fault; both parties could be held liable. (civil)

Hung Jury

When the jury cannot reach a verdict; in a criminal trial, the verdict must be unanimous, while in a civil case, it must be a majority vote.

Mistrial

An error has occurred during a trial, and a judge has ruled that the case ends without a ruling or verdict; the defendant can be tried again.

Indictment

Formal accusation or to be formally charged with a crime.

Allegation

Unfounded statement or accusation.

Exclusionary Rule

If a search is bad, then the evidence collected during this unlawful search cannot be used against the defendant; police need probable cause or reasonable suspicion to search an individual if they do not have a warrant.

Corpus delecti

Refers to a dead body that may or may not be present when a crime is committed; it is not necessary to have a dead body to prove that a murder was committed.

Direct Evidence

Evidence that includes physical evidence found at a crime scene or eyewitness testimony.

Physical Evidence

Any piece of evidence found at a crime scene that can be tested or evaluated, such as blood, fingerprints, DNA, hair samples, bodily fluids, or weapons.

Eyewitness Testimony

If someone actually witnesses a crime, they are considered to be part of direct evidence.

Incriminate

To provide information that points to the defendant as the criminal.

Corroborate

To provide information that supports the defendant's claim, such as an alibi.

Indirect Evidence

Evidence that is circumstantial and inferred from odd pieces of evidence that do not tell a story by themselves.

Circumstantial Evidence

Information that is inferred from odd pieces of evidence; these items by themselves do not tell a story but when connected, they begin to tell a story.

Inadmissible Evidence

This type of evidence cannot be brought into a courtroom; judges rule on the admissibility of evidence.

Mitigating Factors

Factors that lessen the seriousness of a crime, such as a homeless person stealing an apple from a deli because they have not eaten in a week.

Aggravating Factors

Factors that make the seriousness of a crime more severe, such as a man who has been arrested 40 times prior to a crime.

Jurisdiction

An area that is covered under the law.

Original Jurisdiction

The first time a case is heard in a courtroom, where the defendant is tried and a verdict is given.

Appellate Jurisdiction

After a verdict is given and a defendant is convicted, that defendant can argue that errors were made during the trial; a panel of judges reviews the claims.

Affirm

Agree with the lower court's decision

Reverse

Overturn the lower court's decision

Modify

Change the sentence or amend the decision

Remand

Send the case back to the lower courts to redo whole trial or part of the trial.

Local Laws

Noise ordinance, parking, jaywalking

State Laws

Driving, drinking, speed limits

Federal Laws

Voting, National security

Federalism

The word used to describe the Constitution's system of dividing political power between the national government and the states.

Separation of Powers

Dividing power between the different branches of government.

Grand Jury

Made up of between 15 - 30 people who investigate potential criminal conduct, and determine whether criminal charges should be brought.

Petit Jury

A petit jury hears the evidence in a trial as presented by both the plaintiff and the defendant.

District Court

All arraignments take place at District Court. Misdemeanor or violation offenses will be heard at this level. Small Civil cases involving $15,000 or less.

County Court

All felony cases will be heard at this level. Civil cases involving more than $15,000.

Supreme Court

Hears high level felony cases and civil cases involving more than $25,000.

US Circuit Court of Appeals

Highest court in New York State.

Federal Courts

Deal with constitutional issues, interstate issues, federal bank robberies, kidnapping across state lines, civil rights violations.

Traffic Court

All vehicle and traffic violations.

Drug Court

Drug offenses.

Family Court

Custody, adoption, child support.

Surrogate Court

Estates and Wills.

Small Claims Court

Suing someone for small amounts of money.

Landlord/Tenant Court

Leasing issues.

Veterans Court

Military personnel with law related issues.

Qualifications for US Supreme Court

There is nothing written in the Constitution about who can serve on the US Supreme Court. Anyone can be nominated. The Senate must approve that individual with ⅔ majority vote.

Gideon v. Wainright

Right to Counsel regardless of income.

Miranda v. Arizona

Right to avoid self incrimination. You do not have to say anything that would incriminate yourself.

Jury Selection Age

Ages 18 - 70 years old. You are chosen based on jurisdiction, which is the area that you live in.

Challenge for Cause

Reason must be given to dismiss a juror.

Peremptory Challenge

No reason needs to be given to dismiss a juror.

Top 5 Causes of Crime

Gangs, poverty, youth crime, family dynamic and 'The system'.

Mens Rea

Guilty Mind

Actus Rea

Guilty Act

Bystander Effect

The more individuals that witness a crime, the less likely anyone is to get involved and call for help.

Diffusion of Responsibility

A socio-psychological phenomenon whereby a person is less likely to take responsibility for action or inaction when other bystanders or witnesses are present.

FBI Uniform Crime Report (UCR)

Compiles crime statistics from all 50 states and categorizes all of this information each year.

Hierarchy Rule

FBI will only report the most serious crime from states when there is an action that involves multiple offenses.

National Crime Victimization Report (NCVS)

This report is completely optional and voluntary. It is based on victims' accounts and not very reliable.

INNOCENCE PROJECT

Founded by Peter Neufeld and Barry Scheck, this organization works to exonerate those who have been wrongfully convicted.

Six Factors to Wrongful Convictions

Informants, Inadequate Defense (Bad lawyers), Eyewitness Testimony, Forensics, Government Misconduct, False Confessions.

Principal

Person who actually commits the crime.

Accessory Before the Fact

Someone who helps an individual to carry out a crime, whether knowingly or not.

Accessory After the Fact

Hiding evidence for the suspect, driving them to the airport, giving them money, etc.

Accomplice

Someone who is present at the crime and actively helps commit the crime.

Culpability

Responsibility in the eyes of the law.

Intent

The individual meant to carry out the action.

Knowing

The individual has knowledge of the action and still carries out the action.

Reckless

A 'reasonable person' would understand that the action may cause injury or death.

Negligence

A 'reasonable person' knows that you should not do this or someone could get hurt.

Homicide

Unnatural death of someone.

Justifiable Homicide

In the eyes of the law, it is legally acceptable that you took someone else's life.

Excusable Homicide

Completely accidental. No wrongdoing.

Criminal Homicide

Intentional killing of someone.

Manslaughter

Unintentional killing of someone through reckless or negligent actions.

Murder

Intentional killing of someone.

Degrees to a Crime

Each offense has different levels of crime; the more severe the crime, the lower the number.

Violation

Least serious offense and punishable by up to 15 days in jail.

Misdemeanor

Two levels, A and B (3 months), punishable by up to 1 year in jail.