Procedure Final Study Guide

UDHR

Composed by the United Nations in 1948 but not enforced as a law. Its purpose was to establish a peaceful international community by stopping violence worldwide, providing protection and establishment of all rights, and creating peace with justice

U.S. Constitution

This document lists and protects the basic rights of people in the United States

Law

A rule that can affect any aspect of the lives of the people

Political Values

Deals with the relationship between the government and individuals in law

Economic Values

Deals with the accumulation, preservation, use, and distribution of wealth in law (how we pay taxes)

Moral Values

Deals with the fundamental questions of right and wrong in law

Social Values

Deals with issues that are important to society

Settlement

An agreement that ends a dispute

Ombudsperson

Someone appointed to work in the courts and investigate complaints and seeks resolutions to those complaints

Appeal

The process of asking a higher court to review a lower court’s decision because the judge made a mistake

Motion

A formal request made to a judge

Petition for Certiorari

A petition that asks an appellate court to grant a writ of certiorari

Dissenting Opinion

Written by a justice or justices who disagree with the majority opinion

Majority Opinion

Announces the Court’s final decision and explains its reasoning (aka opinion of the court)

Concurring opinion

Written by a justice who agrees with the Court’s final (majority) opinion explaining why the justice agrees

Jury selection

The process of choosing a jury for a jury trial. Jurors have to be unbiased

Void dire

Selection process when defense and prosecution select from a jury pool

Peremptory challenges

A way either side can decide they don't want someone on the jury (cannot be because of race, gender, or origin)

Mapp v Ohio

Ruled (6-3) that evidence gathered illegally (14th amendment) is not admissible in state court

Gideon v. Wainwright (1963)

Ruled that if criminal defendants cannot afford lawyers themselves one must have one provided for them by the state

Marbury v. Madison (1803)

Established the principles of judicial review (federal courts can declare legislative and executive acts to be unconstitutional)

Criminal Case

Cases that involve a violation of criminal law. They require there to be beyond a reasonable doubt (\>90% proof), including DNA, audio recordings, and video recordings. Most are resolved with plea bargains

Civil Cases

Cases that require there to be the preponderance of evidence (\>50%), which requires the plaintiff to prove that a crime is more likely to have occurred than to not have occurred. They usually a dispute between people or organizations (one group v another)

Entrapment

When undercover law enforcement deceives a suspect into committing a crime that the suspect may not have otherwise committed

Solicitation

When undercover law enforcement offers a suspect money in order for them to commit a crime that the suspect may not have otherwise committed (paying someone to commit a crime)

Attempt

When someone tries to commit a crime but ends up failing to do so

Attempted Murder

An attempt to kill another person with malicious intent (must prove malice)

Criminal Assault

An unlawful attempt to commit a violent injury to another person with the present ability to do harm to them. It requires an act (actus reus) and the mens rea to commit battery. It does not actually require touching (pointing a gun, raising a fist, etc)

Criminal Battery

Unlawful offensive touching of another person. If you have this, you must also have assault

Property Crimes

The illegal taking or damage of property, cash, or personal belongings (including theft (larceny), burglary, arson, and robbery

Larceny

The wrongful taking and removal of tangible personal property without the consent of its owner. It has the intent to permanently deprive or steal

Miranda Warnings

Requires the police to clearly inform the defendant of their legal rights before they are questioned in custody. It allows the defendant to have the right to remain silent

Exclusionary Rule

Evidence cannot be used in a criminal trial if it was the result of an illegal police search/conduct

Prosecutor

The state or federal government’s attorney in a criminal case

Judge

A public officer that is authorized to hear and decide court cases. They do not have to accept plea bargains

Grand Jury

A jury of 16-23 people who decide if the prosecution's evidence has strong enough probable cause to issue an indictment

Complaint

A printed document that contains the facts that support the plaintiff’s cause of action against the defendant

Indictment

A printed document from a grand jury that accuses a person of committing an act or offense

Summons

A printed document prepared by the plaintiff and issued to the court that informs the defendant that they are being sued

Pretrial release

When a person is accused of a crime, booked into custody, and then released before trial, with charges pending. It occurs to balance community and suspect interests (innocent until proven guilty)

Aggravating factors

Factors that can increase the seriousness of an offense and should increase the sentencing length (includes the use of violence, explosives, or a weapon, or committing the crime in front of a child)

Mitigating Factors

Factors that can decrease the sentencing length (offender was an accessory to the crime or the offender showed remorse)

Probation officer’s role

Investigate and supervise those on parole

Probation

A sentence that allows an offender to remain in public under supervision instead of being incarcerated

Parole

Releasing inmates from incarceration early due to good behavior. They are still under supervision by a parole officer

Status offender

An offense that is legal for adults and illegal for children

Civil case damages

Damages involving family matters, housing, business contracts, civil rights, and physical properties

Due process of law

The legal requirement that the state must respect all legal rights of a person (right to jury trial, right to cross-examine witnesses, right to know your charges)

Prison

Holds people who are convicted of felons (1+ year in prison)

Jail

Holds people who are awaiting trial or have misdemeanors (-1 year in jail)

Trespasser

Someone who intentionally or negligent enters land without authority

False imprisonment

A person intentionally confines another person without lawful privilege and against their consent

Delinquent offender

Youth that commits acts that would be crimes if committed as adults

Adjudicatory hearing

Juvenile court proceedings in which a judge presides on behalf of the child to determine if he or she actually committed the offense

Aftercare

Parole for minors, it is a supervised release granted to youth who have served a part of their sentence

Expunge

The removal or deletion of records by the court. It prevents the matter from appearing on official state-performed background checks

Dispositional Hearing

The part of the juvenile court proceedings where the judge exercises their discretionary authority to choose the best way to resolve a case

Restitution

Restoration to the plaintiff for the damages made by the defendant

Fine

A sum of money someone must pay after committing a crime. These fines go to programs that prevent future crimes (DARE, LEAD, etc)

Recidivist

A convicted criminal who repeatedly reoffends

Police

A nonmilitary person who is supposed to keep peace in a legal sense

Defamation

Injuring a person’s character by making false and/or harmful statements

Consent

Giving permission (verbal, written, or implied)

Criminal Appeal

When the defendant in a criminal case requests that the appellate court reviews a decision made in a trial court

Jury v Bench Trial

Jurors are less knowledgeable of the law and are more easily influenced (better for defense). Jurors listen on a personal level, judges listen on a legal level

Search and Seizure Law

Under the 4th amendment, probable cause is needed for a warrant to be issued for a search

Juvenile Dispositions

Community service, confined to a juvenile institution/detention center, receive probation/restitution/fine

Probable Cause

Reasonable belief on grounds of fact. Silence is not considered probable cause