criminal courts final

4th Amendment

Protection against unreasonable searches and seizures.

5th Amendment

Right to remain silent, protection against self-incrimination, due process.

6th Amendment

Right to a speedy and public trial, right to an attorney.

8th Amendment

Protection against cruel and unusual punishment.

Writ of Habeas Corpus

Legal action requiring a person under arrest to be brought before a judge to ensure lawful detention.

Reverse

Appellate action overturning a lower court's decision.

Affirm

Appellate action upholding a lower court's decision.

Remand

Sending a case back to a lower court for further proceedings.

Opinion

Written explanation of a court's decision in a case.

Statutory guidelines

Rules established by law for compliance.

Mandatory minimums

Minimum sentences required by law for specific offenses.

Sentencing ranges

Possible punishments for a crime based on guidelines.

Discretionary

Judge's freedom to choose a sentence within legal boundaries.

Jury selection goals

Ensure fair trial, unbiased jurors, diverse pool.

Pleas

Guilty (admitting), Not Guilty (denying), Nolo Contendere (neither admit nor deny), Alford Plea (maintain innocence but accept punishment).

Evidence types

Real, Testimonial, Direct, Indirect.

Levels of proof

Preponderance of the evidence, Clear and convincing evidence, Beyond a reasonable doubt.

Exclusionary rule

Prohibits use of illegally obtained evidence, protects constitutional rights.

Discovery

Pre-trial process of evidence exchange.

Judge's role

Ensures fair legal proceedings, instructs jury, sentences if guilty.

Writ of Certiorari

Supreme Court order to review lower court records.

Subpoena

Document requiring a person to testify in court.

Admissibility of evidence

Must be relevant, material, competent, and legally obtained.

Challenging testimony

Cross-examination, presenting contradicting evidence, filing motions.

Magna Carta

1215 document establishing rights including fair trial and protection from unlawful imprisonment.

Minimum jurors for criminal case

Typically 12 jurors.

Juror questioning

Process where jurors ask questions during trial.

En banc hearing

Case heard by all judges of a court.

Interlocutory appeal

Appeal made before final case decision.

Dissenting opinion

Written explanation by a judge who disagrees with the majority.

Voir dire

Process of questioning potential jurors.

Appeal

Higher court review of lower court decision for errors.

Indictment

Formal accusation obtained through grand jury proceeding.

Sentencing considerations

Severity of crime, criminal history, impact, and personal factors.

Judiciary functions

Interpret and apply law, resolve disputes, protect rights.

Trial phases

Jury selection, opening statements, presentation of evidence, closing arguments, jury instructions, deliberation, verdict.

Opening statements

Statements made by each side at the beginning of a trial to outline their case to the jury.

Presentation of evidence

The phase in a trial where each side presents their evidence and witnesses to support their case.

Closing arguments

Final arguments made by each side at the end of a trial to summarize their case and persuade the jury.

Jury deliberation and verdict

The process where the jury discusses the evidence presented and reaches a decision on the guilt or innocence of the defendant.