LPP Final Exam Review

K. Cummings

Law

A set of rules that are created and are enforceable by social or governmental institutions to regulate behavior.

Felony

A serious crime (more serious than a misdemeanor) that results in punishment lasting longer than a year (>1yr) and typically involves imprisonment, heavy fines, or both.

Misdemeanor

A lesser crime than a felony, typically punishable by a fine or jail time for less than one year (<1yr).
In some cases, punishment may be imprisonment (<1yr).

“A Preponderance of the Evidence”

A standard of proof used in civil cases, meaning that the evidence presented doesn't need to eliminate all possible doubt, but it does need to tip the scale in their favor.

“Beyond a Reasonable Doubt”

A higher standard of proof used in criminal cases, requiring that the evidence must leave no reasonable doubt in the mind of a juror or judge about the defendant's guilt.

Precedent

A legal principle or rule established in previous court cases that is followed in deciding subsequent similar cases.

Lobbying

The act of attempting to influence government officials or legislators to enact or reject legislation or policies, typically in favor of a specific interest group.

Steps in a Criminal Trial

1. Jury Selection

2. Opening Statements

3. Presentation of Evidence

4. Witness Testimony and Cross-Examination

5. Closing Arguments

6. Jury Deliberation and Verdict

7. Sentencing

1. Jury Selection

If the case goes to trial, a jury (or a judge in a bench trial) is selected to decide the facts of the case.

2. Opening Statements

Attorneys from both the prosecution and the defense make opening statements outlining their case and the evidence they plan to present. 

3. Presentation of Evidence

The prosecution (or plaintiff) presents their evidence, including witness testimonies and other evidence. The defense then presents their evidence, also including witness testimonies and other evidence. 

4. Witness Testimonies and Cross Examination

Witnesses are called to testify, and the opposing attorney can cross-examine them.

5. Closing Arguments

Attorneys from both sides make closing arguments, summarizing the evidence and arguing for their client's case.

6. Jury Deliberation and Verdict

The jury deliberates and decides on a verdict (guilty or not guilty). In a bench trial, the judge makes the verdict.

7. Sentencing

If convicted, the defendant will be sentenced by the judge.

Motive

The underlying reason or cause that prompts a person to act (includes intent).

Accomplice

A person who helps another commit a crime.

Prosecution

An opposing legal team towards the defense who represents the state or government and seeks to prove the defendant's guilt beyond a reasonable doubt.

Defense

An opposing legal team towards the prosecution who represents the defendant and seeks to establish reasonable doubt, potentially leading to an acquittal or a reduced sentence.

Plea Bargain

An arrangement between prosecutor and defendant whereby the defendant pleads guilty to a lesser charge in exchange for a more lenient sentence or an agreement to drop other charges.

Voir Dire

An old French phrase meaning to “speak the truth;” the process of questioning potential jurors to assess their suitability to serve on a jury and ensure they can be impartial.

Due Process

All legal proceedings must be fair and impartial, following established rules and principles. It ensures that individuals are not deprived of life, liberty, or property without the opportunity to defend their rights and be heard.

Litigator

One who brings a charge of crime or fault.

Synonyms: plaintiff, accuser, claimant, etc.

Crime

illegal activities; an action or omission that constitutes an offense that may be prosecuted by the state and is punishable by law.

Mens Rea

Latin term meaning “guilty mind,” the intention or knowledge of wrongdoing that constitutes part of a crime, the state of mind of the defendant when committing the crime.

Crimes Against the Person

Usually involves bodily harm, the threat of bodily harm, or other actions committed against the will of an individual.
Ex. murder, rape, and assault.

First Degree Murder

Involves a planned (premeditated) and intentional (deliberate) killing of an individual.

Second Degree Murder

An intentional killing that is not premeditated. A sudden fight that results in death, for example, would likely be considered second-degree murder.

Assault

Threatening or attempting to cause harmful or offensive contact (or any action that makes someone reasonably fear being hit).

Battery

The actual unlawful use of physical contact/force that is considered harmful or offensive.

Crimes Against Property

The intent is to obtain money, property, or some other benefit.
Ex. arson, vandalism, and larceny.

Warrant Requirements

Exceptions to the Warrant Requirement:

• Consent

• Emergency Situations

• Search Incident to Arrest

• Plain View Doctrine

• Automobile Exception

Exclusionary Rule

A law that prohibits the use of illegally obtained evidence in a criminal trial.

Miranda v. Arizona

The US Supreme Court established that police must inform individuals of their constitutional rights during custodial interrogation, particularly the right to remain silent and the right to an attorney.

Grand Jury

They review the evidence and decide whether the State has enough evidence to charge someone with a crime. Unlike a trial, which is public, the grand jury’s proceedings are secret.

Indictment

A formal accusation made by a grand jury after reviewing evidence, initiating the process of formally charging a suspect with a crime (the case is moving towards trial).

“Retribution, Deterrence, Rehabilitation, Incapacitation”

The four common goals of punishment within the criminal justice system.

Retribution

Focuses on giving offenders what they deserve for their crimes.
One of the four common goals of punishment.

Deterrence

Aims to discourage both the offender and others from committing similar crimes.
One of the four common goals of punishment.

Rehabilitation

Seeks to change an offender's behavior to prevent future offenses.
One of the four common goals of punishment.

Incapacitation

Prevents crime by physically restricting the offender's ability to commit further crimes, often through incarceration.
One of the four common goals of punishment.

Pardon

Wipes out a criminal conviction and grants the individual full restoration of rights.

Parole

Allows an inmate to be released from prison with conditions and supervision.

The Rule of Law

A principle that all expressions of government power should be subordinated under the law. This ensures that no one, not even the rulers, is above the law; “no one is above the law.”

Civil Law

Deals with disputes between individuals or organizations, often involving compensation for damages or other remedies.
Often does not result in jail time.

Criminal Law

Concerns offenses against the state, aiming to punish offenders and protect society.

Statutes

A formally written law or rule enacted by a legislative body.

Trial Court

The initial courts where cases are heard, focus on resolving factual disputes and applying the law to those facts.

Appellate Court

Courts that review the decisions of trial courts, focusing on legal errors rather than factual disputes.

Justice

The ethical, philosophical idea that people are to be treated impartially, fairly, properly, and reasonably by the law.