The Judicial Process

These flashcards cover key concepts related to the judicial process, including due process rights, types of crimes, sentencing, pleas, and procedural differences between criminal and civil cases.

What does the Due Process Clause of the Fifth Amendment guarantee?

It prohibits the federal government from depriving individuals of their basic constitutional rights to life, liberty, and property without due process of law.

What are the two types of due process?

Procedural due process and substantive due process.

What is procedural due process?

It refers to the procedures involved in legal processes such as searching, questioning, arresting, and trying individuals as outlined in the Bill of Rights.

What is substantive due process?

It prohibits the government from infringing on fundamental constitutional liberties and requires that laws must be just and fairly applied.

What did the Fourteenth Amendment do regarding the Due Process Clause?

It extended the Due Process Clause to apply to state governments as well as the federal government.

What is a felony?

A crime that carries possible imprisonment of more than one year.

What distinguishes a misdemeanor from a felony?

A misdemeanor generally carries a maximum jail sentence of one year or less, while a felony carries a longer potential prison sentence.

Define infraction.

A low-level crime that does not carry jail time but may involve fines.

What is assault in legal terms?

An intentional act that causes a fear of imminent harmful or offensive touching.

What constitutes battery?

An intentional physical contact or offensive touching without consent.

What is false imprisonment?

Intentionally restricting another person's freedom of movement.

What constitutes kidnapping?

The physical taking or removal of a person from their home by force, fraud, or coercion.

What is larceny?

The taking and carrying away of someone else's property with the intent to permanently deprive the owner of it.

How is robbery different from larceny?

Robbery involves taking property from another person using force, intimidation, or the threat of force.

What is burglary?

Breaking and entering into another person's home with the intent to commit a felony inside.

Define arson.

The willful and malicious burning or charring of property.

What is a no-contest plea?

A plea that does not admit guilt but subjects the defendant to punishment. It cannot be used against the defendant in other proceedings.

What is plea bargaining?

An agreement where the defendant pleads guilty to a lesser offense in exchange for a reduced sentence or fewer charges.

What happens during the arraignment?

The defendant appears in court to enter a plea to the charges and is presented with the written accusation.

What is the role of a grand jury in the indictment process?

A grand jury reviews evidence to determine if there is enough to officially charge an individual with a crime.

What is the difference between guilt in criminal court and liability in civil court?

Guilt is determined beyond a reasonable doubt and leads to penalties like jail time, while liability is established by a preponderance of evidence and typically involves monetary damages.