LAW FINAL

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

1. Arrest/Investigative phase

2. Charging

3. Initial hearing, bail, arraignment

4. Possible plea bargaining

5. Preliminary hearing

6. Pre-trial

7. Trial:

   1. Opening statements

   2. Witness testimonies

   3. 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