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Felony
a serious crime that is punishable by no less than one year in prison or the death penalty (typically involve violence or psychological harm)
Misdemeanor
a less serious crime that is typically punishable by less than one year in prison; punishable by criminal law
Preponderance of evidence
the burden of proof used in most civil cases that is used to prove if something is more likely than not
Beyond a reasonable doubt
the burden of proof used in most criminal cases that is required to be met to confirm a conviction
Precedent
a principle or concept that has been established by prior decisions of cases; used by judges in subsequent similar cases
Steps of the criminal justice process
Arrest/Investigative phase
Charging
Initial hearing, bail, arraignment
Possible plea bargaining
Preliminary hearing
Pre-trial
Trial:
Opening statements
Witness testimonies
Closing statements
Motive
the reason for someone to have committed a crime
Accomplice
a person who intentionally/knowingly gave assistance in committing a crime
Prosecution
the side that argues that the defendant is guilty and brings criminal proceedings before them
Defense
the side that argues that the defendant is not guilty in a criminal case and the side that has been brought to court by a plaintiff in a civil case
Plea bargain
a deal struck between the defendant and prosecution where the defendant agrees to plead guilty in exchange for concessions such as a lesser sentence or reduced charges
Voir dire
the process through which a jury is chosen by determining which prospective jurors can serve a fair verdict
Due process
the fundamental principle that states that all people are entitled to fair proceedings in legal matters
Litigator
a lawyer; someone who litigates a trial by preparing the case, trying cases, etc.; represent a party in a legal dispute
Crime
behavior that violates statutory or common law that is deserving of punishment or penalty
Mens rea
the mental state of one who commits a crime
Crimes against a person
offenses that directly harm or threatened an individual’s body, such as murder, assault, rape, or kidnapping
First and second degree murder
first degree murder is a premeditated killing with intent; second degree murder is a non-premeditated but intentional killing usually as form of self-defense or result of a certain moment
Assault vs. Battery
assault: the threat or attempt to inflict physical harm upon someone; battery: the actual physical impact on another person; while battery requires the actual use of force against someone, assault does not—it can just be a threat/imminent fear of harm
Warrants
legal documents issued by a judge/magistrate that authorize law enforcement to conduct a search, seizure, or arrest
Unreasonable search
a search conducted by law enforcement without a warrant without a probable cause; violates the Fourth Amendment
Miranda v. Arizona
a 1966 Supreme Court case that established the requirement for police to inform suspects of their rights (“Miranda Rights”) before interrogation
Grand jury
a group of citizens tasked with determining whether evidence presented is sufficient to charge a suspect with a crime; indicts/acquits the person
Indictment
a formal accusation made by a grand jury that charges a person with a crime
Retribution
punishment imposed on someone as vengeance/repayment for a wrong or criminal act
Deterrence
the use of punishment as a threat to discourage people from committing crimes
Rehabilitation
aims to reform an offender so that they can return to society as a law-abiding citizen
Incapacitation
the act of removing a criminal from society to prevent them from committing further offenses
Pardon
an official act by a government executive to forgive a person for a crime, freeing them from the associated punishment
Parole
the conditional release of a prisoner before the completion of their sentence, based on good behavior and agreement to certain terms
“No one is above the law”
rule of law; the principle that all individuals and institutions are subject and accountable to law that is applied
Civil law
branch of law that handles disputes between individuals and organizations, typically involving private rights
Statutes
written laws enacted by legislatures
Trial court
the court where a case is originally tried and both sides present evidence and arguments
Appellate court
a court that reviews the decisions of lower courts to determine if there were legal errors that could have affected the outcome
Bail
the temporary release of an accused person awaiting trial, sometimes on condition of money being lodged to guarantee their appearance in court