LAW FINAL

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36 Terms

1

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)

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2

Misdemeanor

a less serious crime that is typically punishable by less than one year in prison; punishable by criminal law

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3

Preponderance of evidence

the burden of proof used in most civil cases that is used to prove if something is more likely than not

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4

Beyond a reasonable doubt

the burden of proof used in most criminal cases that is required to be met to confirm a conviction

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5

Precedent

a principle or concept that has been established by prior decisions of cases; used by judges in subsequent similar cases

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6

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

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7

Motive

the reason for someone to have committed a crime

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8

Accomplice

a person who intentionally/knowingly gave assistance in committing a crime

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9

Prosecution

the side that argues that the defendant is guilty and brings criminal proceedings before them

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10

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

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11

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

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12

Voir dire

the process through which a jury is chosen by determining which prospective jurors can serve a fair verdict

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13

Due process

the fundamental principle that states that all people are entitled to fair proceedings in legal matters

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14

Litigator

a lawyer; someone who litigates a trial by preparing the case, trying cases, etc.; represent a party in a legal dispute

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15

Crime

behavior that violates statutory or common law that is deserving of punishment or penalty

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16

Mens rea

the mental state of one who commits a crime

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17

Crimes against a person

offenses that directly harm or threatened an individual’s body, such as murder, assault, rape, or kidnapping

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18

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

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19

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

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20

Warrants

legal documents issued by a judge/magistrate that authorize law enforcement to conduct a search, seizure, or arrest

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21

Unreasonable search

a search conducted by law enforcement without a warrant without a probable cause; violates the Fourth Amendment

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22

Miranda v. Arizona

a 1966 Supreme Court case that established the requirement for police to inform suspects of their rights (“Miranda Rights”) before interrogation

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23

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

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24

Indictment

a formal accusation made by a grand jury that charges a person with a crime

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25

Retribution

punishment imposed on someone as vengeance/repayment for a wrong or criminal act

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26

Deterrence

the use of punishment as a threat to discourage people from committing crimes

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27

Rehabilitation

aims to reform an offender so that they can return to society as a law-abiding citizen

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28

Incapacitation

the act of removing a criminal from society to prevent them from committing further offenses

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29

Pardon

an official act by a government executive to forgive a person for a crime, freeing them from the associated punishment

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30

Parole

the conditional release of a prisoner before the completion of their sentence, based on good behavior and agreement to certain terms

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31

“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

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32

Civil law

branch of law that handles disputes between individuals and organizations, typically involving private rights

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33

Statutes

written laws enacted by legislatures

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34

Trial court

the court where a case is originally tried and both sides present evidence and arguments

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35

Appellate court

a court that reviews the decisions of lower courts to determine if there were legal errors that could have affected the outcome

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36

Bail

the temporary release of an accused person awaiting trial, sometimes on condition of money being lodged to guarantee their appearance in court

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