Civil & Criminal Law -UNIT 3-

Subpoena

the way that the prosecution and criminal defendants can ensure that witnesses appear in court to testify.

The Judge

Who determines verdict in juvenile court?

Grand Jury

they determine if there is enough evidence to charge someone with a crime, prosecutor will not present all evidence they have discovered.

Booking

the formal process in which a police record of the arrest is made.

Status Offenders

minors who commit acts that would not be crimes if committed by adults. example in underage drinking.

Drug Courier

profiles are legally used by law enforcement to help establish reasonable suspicion or probable cause of possible drug dealers.

Reasonable Suspicion

less than probable cause but enough that the average person would believe something illegal happened. this is the standard the police need to stop and question.

Parole

supervised release of the offender before their entire sentence has been served in prison.

Gault Case

established that juveniles in the juvenile system have many of the same rights as adults in the adult system.

Exclusionary Rule

any evidence that has been seized illegally cannot be used as evidence during the trial.

Immunity

a legal agreement that someone cannot be prosecuted for crimes they admit too during their testimony.

Plea Bargains

most criminal cases are resolved before trial where the prosecution and defense come to an agreement on charges and sentencing.

Miranda Rights

these are the constitutional rights that the police read to people when they are arrested, the arrest is still valid even if one’s rights are not read to them, however if not read Miranda right’s, anything admitted by suspect becomes inadmissible.

Deterrence, retribution, and rehabilitation

purpose of criminal sentencing

Very little, the judge must follow the guidelines

how much freedom does a judge have in sentencing when a mandatory sentencing guideline exists?

Aftercare

the equivalent to the adult parole system in the juvenile system.

Direct File

juveniles may be charged in adult court when prosecutors exercise their discretion and file in adult court.

Personal Recognizance

the defendant can be expected to return to court without a money bond.

Due Process includes

informed of your rights and the charges against you, a jury trial in public, the right to confront and cross-examine a witness.

USA Patriot Act

to trace the sources of money funding terrorists, to find and detain terrorists who enter the United States as immigrants, and to intercept communication among terrorist groups.

Prison vs. Jail

people convicted of felonies are held in prisons, people convicted of lower level crimes are held in jails.

Three Strikes Law

get tough laws that put people in jail for 3 felony convictions.

New Jersey v. TLO

school officials only need reasonable suspicion to search a student’s belongings.

Probable Cause

a reasonable belief that a person committed a crime.

Affidavit

a sworn statement of facts and circumstances.

Gideon v. Wainwright

court case in which Gideon argued his constitutional rights were violated when he was not provided a lawyer, and the supreme court agreed.

Mitigating

factors that suggest a less severe punishment is appropriate.

Probation

sentencing option in which defendant is on supervised release after sentencing.

Fine

sentencing option in which defendant pays the government a sum of money.

Restitution

sentencing option in which defendant pays the victim for the losses suffered.

Aggravating

factors that suggest a more severe punishment is appropriate.

Offense

crime.

Arrest

take into custody.

Adjudicatory Hearing

juvenile trial.

Found Delinquent

being found guilty in juvenile court.

Disposition

sentence in juvenile court.