Gov - Due Process of Law

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20 Terms

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Bail

Temporary release of a defendant awaiting trial, often requiring a money deposit to ensure their appearance in court.

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Capital Punishment

A form of criminal punishment where the state takes the defendant's life for serious crimes; also known as the death penalty.

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Contempt of Court

The offense of being disobedient or disrespectful towards a court of law or its officials, disrupting the judicial process.

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Cruel and Unusual Punishment

Punishment that involves torture, intentional degradation, excessive pain, or is too severe for the crime committed.

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Double Jeopardy

The legal principle that prohibits the prosecution of a person twice for the same offense after an acquittal or conviction.

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Due Process of Law

The fair and just legal principles that the government must follow to protect all individuals' legal rights throughout the judicial process.

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Exclusionary Rule

A rule that prevents evidence obtained through violations of a defendant's constitutional rights, usually from unreasonable searches, from being used in court.

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Ex Post Facto Law

A law that makes an action illegal after it was committed or increases the punishment for an action after it happened.

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Grand Jury

A group of citizens who review evidence to determine if there is enough probable cause to formally charge a defendant with a crime and proceed to trial.

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Writ of Habeas Corpus

A court order requiring a person in custody to be brought before a judge, allowing them to challenge the legality of their detention.

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Indictment

A formal charge or accusation stating that someone has committed a serious crime.

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Petit Jury

A group of citizens called to court to hear evidence in a trial and decide the outcome, such as determining guilt or innocence in a criminal trial or liability in a civil trial.

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Miranda Rule

The requirement for law enforcement officers to inform a person in custody of their rights, including the right to remain silent and the right to an attorney, before questioning them.

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Probable Cause

A reasonable belief, based on facts, that a crime has been committed or will be committed.

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Right of Confrontation

The right of a defendant to face the witnesses testifying against them and to be present at their trial; it also ensures that accusations aren't made secretly by unknown persons.

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Right to Compel Witnesses to Testify

The right of a defendant to require witnesses to appear in court and testify on their behalf, even if they do not want to.

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Right to Counsel

The right of a defendant to have a competent attorney assist them throughout legal proceedings.

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Search Warrant

A judge-signed order authorizing the search of a specified place for specific items.

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Self-Incrimination

Testifying against oneself by saying something that could imply involvement in a crime or suggest illegal activity.

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Speedy and Public Trial

A trial that is open to the public and conducted without unnecessary delays.