Legal Vocabulary and Real World Cases Week 5

Custodial Interrogation

Questioning by police after a person has been taken into custody and is not free to leave.

Confession

A formal statement in which someone admits to committing a crime.

Self-Incrimination

The act of exposing oneself to criminal prosecution by making statements or giving evidence.

Miranda Warning

A notification given by police to inform a suspect of their constitutional rights before questioning.

Fifth Amendment

A part of the U.S. Constitution that protects individuals from being forced to testify against themselves.

Sixth Amendment

A constitutional right guaranteeing a criminal defendant the right to legal counsel and a fair trial.

Voluntary Statement

A statement made freely and without pressure, coercion, or improper influence by law enforcement.

Suppression of Evidence

A legal decision to exclude certain evidence from being presented at trial because it was obtained improperly.

Right to Counsel

The constitutional right of a defendant to have a lawyer present during legal proceedings or police questioning.

Due Process

Legal procedures that must be followed to protect the rights of individuals under the law.

Admissible Evidence

Evidence that is legally allowed to be introduced in court and considered by the judge or jury.

Appeal

A request to a higher court to review and change the decision of a lower court.

Majority Opinion

A written explanation of the reasoning behind the decision agreed upon by most justices of a court.

Dissenting Opinion

A statement written by one or more judges who disagree with the majority decision in a case.

Porphylactic Rule

A rule created by courts to prevent constitutional violations before they occur, even if not directly stated in the Constitution.

Precedent

A previous legal decision that courts use as a rule in future cases with similar facts.

Burden on Law Enforcement

A legal or procedural requirement that makes police work more difficult or time-consuming.

Certiorari

An order by which a higher court agrees to review a lower court's decision.

Constitutional Right

A fundamental legal right guaranteed by the U.S. Constitution.

Totality of the Circumstances

A legal test that looks at all relevant factors to decide whether a person’s rights were violated.

Hypertechnical Reasoning

Legal interpretation that is overly focused on precise wording rather than the meaning or intent.

State Constitution

A set of laws and rights that apply within a specific U.S. state and may offer more protections than the federal Constitution.

Incriminating Statement

A remark or admission that suggests a person is guilty of a crime.

Waiver of Rights

A person's voluntary and knowing decision to give up a legal right, such as the right to remain silent.

Reasonably Convey

A legal standard requiring that information (like Miranda warnings) be clearly understood by an average person.