Criminal Law Concepts Review

These flashcards cover important terms and concepts related to criminal law, essential for understanding the subject and preparing for exams.

Felony vs. Misdemeanor

A felony is a serious crime usually punishable by more than one year in prison, while a misdemeanor is a less serious crime that typically carries a shorter sentence.

Steps in a Criminal Trial

The order of steps includes: arrest, arraignment, pre-trial motions, trial, verdict, and sentencing.

Arraignment

An arraignment is a court proceeding in which the accused is formally read the charges and asked to enter a plea.

Classifications of Crimes

Types include manslaughter, involuntary manslaughter, first-degree murder, and second-degree murder.

Aggravating vs. Mitigating Circumstances

Aggravating circumstances increase the severity of the sentence, while mitigating circumstances may reduce the sentence.

Concurrent vs. Consecutive Sentencing

Concurrent sentences are served at the same time, while consecutive sentences are served one after the other.

Mandatory Sentencing Guidelines

Set rules that establish the minimum and maximum sentences for specific crimes.

Jail vs. Prison

Jail is typically for short-term detainment and less serious offenses, while prison is for long-term confinement and serious crimes.

Grand Jury vs. Trial Jury

A grand jury determines whether there is enough evidence to charge someone with a crime; a trial jury decides the guilt or innocence in a criminal trial.

Voir Dire

The jury selection process used to assess jurors' qualifications.

Burden of Proof

The prosecution has the burden of proof in a criminal trial, proving the defendant’s guilt beyond a reasonable doubt.

Standard for Conviction

The standard used for conviction in a criminal trial is 'beyond a reasonable doubt'.

Recidivism

The tendency of a convicted criminal to reoffend, which impacts the prison system's approach to rehabilitation.

DNA as Evidence

DNA can be used as a forensic tool to link suspects to crimes or exclude them as suspects.

Wrongful Conviction

A miscarriage of justice where an innocent person is convicted of a crime.

Insanity Defense

The legal defense that claims a defendant was not responsible for their actions due to mental illness.

Neurotic, Psychotic, and Antisocial Behaviors

Neurotic behaviors involve anxiety and unrealistic thoughts; psychotic behaviors involve a loss of contact with reality; antisocial behaviors are marked by disregard for others’ rights.

Plea Bargaining

A negotiation in which the defendant pleads guilty to a lesser charge in exchange for a lighter sentence.

Burglary

The unlawful entry into a building with the intent to commit a crime.

Aggravated Battery

Causing serious bodily harm to another person intentionally.

Robbery

The act of taking property from another by force or intimidation.

First-Degree Murder

The intentional killing of another person with premeditation.

Involuntary Manslaughter

The unintentional killing of another person resulting from reckless behavior.

SAFE-T Act

A legislative act that impacts pretrial procedures and bail practices in Illinois.