AOJ Final

Reasonable Suspicion

Lower legal standard that allows police to briefly stop and investigate someone based on specific facts suggesting criminal activity.

Probable Cause

Legal standard requiring enough evidence or facts to make a reasonable person believe a crime was committed; needed for arrests and search warrants.

Beyond a Reasonable Doubt

Highest burden of proof used in criminal trials; the jury must be almost certain the defendant committed the crime.

Burden of Proof

The level of evidence required to prove a claim in court.

Exclusionary Rule

Rule preventing illegally obtained evidence from being used in court.

Purpose of the Exclusionary Rule

To protect constitutional rights and discourage police misconduct.

Search Warrant

A court order allowing police to search a specific place for evidence of a crime.

Requirements for a Search Warrant

Probable cause, sworn affidavit, judge approval, and specific description of place/items.

Affidavit

Written statement sworn under oath used to support probable cause for a warrant.

Particularity Requirement

Warrant must clearly describe the place to be searched and items to be seized.

Exceptions to the Search Warrant Rule

Consent, plain view, search incident to arrest, automobile exception, exigent circumstances, stop and frisk.

Consent Search

Police may search without a warrant if a person voluntarily agrees.

Plain View Doctrine

Police may seize evidence without a warrant if it is clearly visible while legally present.

Search Incident to Arrest

Police may search a person and nearby area after a lawful arrest.

Automobile Exception

Police may search a vehicle without a warrant if they have probable cause.

Exigent Circumstances

Emergency situations allowing warrantless searches to prevent danger or destruction of evidence.

Stop and Frisk

Brief pat-down search allowed with reasonable suspicion that a person is armed.

Miranda Rights

Rights informing suspects of their right to remain silent and right to an attorney.

When Miranda Rights Are Required

During custodial interrogation by police.

Custodial Interrogation

Questioning by law enforcement after a person has been taken into custody.

US Dual Court System

The United States has both federal courts and state courts.

Federal Courts

Handle cases involving federal laws, constitutional issues, and disputes between states.

State Courts

Handle violations of state laws and most criminal and civil cases.

Functions of the Courts

Interpret laws, resolve disputes, protect rights, and determine guilt or innocence.

Trial Court

Court where evidence is presented, witnesses testify, and facts are determined.

Appellate Court

Court that reviews trial court decisions for legal errors.

Main Difference Between Trial and Appellate Courts

Trial courts determine facts; appellate courts review legal procedures and decisions.

Supreme Court

Highest court in the United States.

Number of Supreme Court Justices

9 justices.

Cases Heard by the Supreme Court

Cases involving constitutional issues, federal law, and major legal questions.

Judicial Review

Power of courts to declare laws or government actions unconstitutional.

Prosecutorial Discretion

Power of prosecutors to decide charges, plea bargains, and whether to prosecute.

What Prosecutors Have Discretion Over

Charging decisions, plea bargains, sentence recommendations, and dismissing cases.

Bail

Money or conditions used to ensure a defendant returns to court.

Reasons Bail May Increase

Flight risk, danger to community, or serious criminal history.

Reasons Bail May Decrease

Low flight risk, minor offense, or strong community ties.

Attorney-Client Privilege

Confidential communication between lawyer and client protected from disclosure.

Arraignment

Court hearing where charges are read and the defendant enters a plea.

Readiness Hearing

Court proceeding to determine if both sides are prepared for trial.

Plea Bargain

Agreement where a defendant pleads guilty in exchange for reduced charges or sentence.

Diversion Program

Alternative program allowing some offenders to avoid conviction by completing requirements.

Screening Factors in Criminal Justice

Factors used to decide release, sentencing, or treatment needs.

What Screening Factors Consider

Criminal history, risk to society, mental health, substance abuse, and likelihood of reoffending.

Statute of Limitations

Time limit for bringing criminal charges after a crime occurs.

Purpose of Statute of Limitations

To ensure fairness and reliable evidence in prosecutions.

Difference Between Criminal and Civil Trials

Criminal trials involve crimes against the state; civil trials involve disputes between individuals or organizations.

Burden of Proof in Civil Cases

Usually preponderance of the evidence.

Preponderance of the Evidence

Lower burden meaning more likely than not.

Jury Selection

Process where attorneys choose jurors for a trial.

Voir Dire

Questioning potential jurors to determine bias or fairness.

Opening Statements

Initial presentations outlining each side's case.

Direct Examination

Questioning of a witness by the side that called them.

Cross-Examination

Questioning of a witness by the opposing side.

Rebuttal

Evidence or arguments used to counter the opposing side's claims.

Closing Arguments

Final summaries presented to the jury by attorneys.

Verdict

Formal decision by a judge or jury.

Sentencing

Process where punishment is decided after conviction.

Hearsay

Out-of-court statement offered to prove the truth of the matter asserted.

Why Hearsay Is Usually Not Allowed

It may be unreliable because the speaker cannot be cross-examined.

Exceptions to Hearsay

Excited utterance, business records, dying declaration, statements against interest.

Double Jeopardy

5th Amendment protection against being tried twice for the same offense.

Exceptions to Double Jeopardy

Separate state and federal charges, mistrials, and appeals by defendants.

5th Amendment

Protects against self-incrimination and double jeopardy and guarantees due process.

Purposes of Sentencing

Punishment, deterrence, rehabilitation, incapacitation, and restitution.

Deterrence

Discouraging crime through fear of punishment.

Rehabilitation

Helping offenders change behavior and return to society.

Incapacitation

Protecting society by restricting offender freedom.

Restitution

Repayment to victims for losses caused by crime.

Aggravating Circumstances

Factors increasing the severity of punishment.

Examples of Aggravating Circumstances

Use of weapon, prior criminal history, cruelty, or harm to vulnerable victims.

Mitigating Circumstances

Factors reducing the severity of punishment.

Examples of Mitigating Circumstances

No prior record, youth, mental illness, or cooperation with police.