final defintions

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14 Terms

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Condorcet Jury Theorem
A theory stating that as the size of a jury increases, and if each juror has a better-than-random chance of making the correct decision, the probability of reaching the correct verdict increases under majority rule.
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Strikes for Cause vs Peremptory Strikes

Strikes for cause allow attorneys to remove jurors with a valid legal reason (e.g., bias), while peremptory strikes enable attorneys to remove jurors without justification, though they cannot be used to discriminate based on race or gender

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Batson Challenge

A legal objection raised when one party believes that the other has used peremptory strikes to exclude jurors based on race, violating Batson v. Kentucky (1986)

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Bail
A financial condition set by a judge to ensure a defendant’s return to court.
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Aggravating Circumstance & Mitigating Circumstance

Aggravating factors (e.g., prior convictions, extreme cruelty) increase the severity of a sentence, whereas mitigating factors (e.g., mental illness, remorse) can reduce a sentence 

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Death Qualification

The process of excluding potential jurors who are opposed to the death penalty in capital cases, ensuring that only those willing to impose the death penalty serve 

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Theories of Punishment

Justifications for punishment include deterrence (preventing future crimes), retribution (punishing for wrongdoing), incapacitation (removing criminals from society), rehabilitation (reforming offenders), and restoration (repairing harm done) 

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Sentencing Guidelines

Structured sentencing policies aimed at ensuring consistency in sentencing based on the severity of the crime and the defendant’s history. Federal guidelines exist, but states may vary in their approaches 

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Charge Bargaining
A plea bargaining form where a defendant pleads guilty to a lesser charge for a reduced sentence.
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Arguments for Elected Judges or Appointed Judges

 Elected judges may be more accountable to the public but are susceptible to political pressures; appointed judges ensure legal expertise and independence but lack direct public accountability 

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Birthright Citizenship

The principle that anyone born in a country’s territory is automatically a citizen (jus soli), as established in the Fourteenth Amendment

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Habeas Corpus
A legal principle allowing detainees to challenge the legality of their imprisonment.
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Incorporation
The process by which the Supreme Court applies the Bill of Rights to the states through the Fourteenth Amendment.
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Elements of procedural due process

Fundamental protections in legal proceedings, including notice of charges, the right to an attorney, the opportunity to present evidence, and an impartial tribunal