AP Government - Civil Law Quiz Studying

Search Warrant

Search Warrant

An order from a judge authorizing the search of a place; must describe what is to be searched and seized and is issued only after a judge is convinced by police that probable cause exists to believe that a crime has been committed and that evidence bearing on the crime will be found at a certain location.

Exclusionary Rule

Rule that evidence, no matter how incriminating,  can’t be used in court if it was illegally obtained

Good Faith Exception

Evidence can be used if the police who seized it mistakenly thought they were operating under a constitutionally valid warrant

Plain View Doctrine

Allows an officer to seize (sans warrant ) evidence and contraband found in plain view during a lawful observation

Exigent Circumstances

In an emergency situation, or while in “hot pursuit”, the police do not need a warrant to enter

Self-Incrimination

“No person shall be compelled in any criminal case to be a witness against  himself”

Miranda v. Arizona

This SCOTUS decision forced law enforcement officials to advise a suspect interrogated in custody of their rights to remain silent (5^th, 14^th) and their right to an attorney (6^th and 14^th).

Writ of Habeas Corpus

Arrested suspect brought before a judge to be formally charged with a crime

Indictment

formal accusation to bring accused to trial

Information

sworn statement by the prosecution asserting that there is sufficient evidence to go to trial

Plea-Bargaining

Defendant pleads guilty and accepts less severe punishment

Arraignment

judge reads formal charges against defendant in an open court room

6th Amendment

It guarantees the right to a fair and speedy trial by an impartial jury, the right to confront witnesses, and the right to legal representation.

Petit Jury

Group of citizens who hear evidence during trial in order to decide if the defendant is guilty or not guilty.

Burden of Proof

A legal standard that requires parties to provide evidence to demonstrate that a claim is valid.

Subpoena

written document requesting testimony from witness or face punishment 

Acquittal

a judgment that a person is not guilty of the crime with which the person has been charged.

Beyond a Reasonable Doubt

This means that the prosecution must convince the jury that there is no other reasonable explanation that can come from the evidence presented at trial. In other words, the jury must be virtually certain of the defendant's guilt in order to render a guilty verdict.

Hung Jury

one that is unable to reach a verdict by the required voting margin. Often results in a retrial of the case.

Sentence

Punishment to be imposed on offender (defendant) when the verdict is guilty

Probation

Convicted person is not put in prison but has to live by certain rules under close monitoring

Restitution

Monetary fine or community service

Incarceration

Length of time in prison & option for parole

Capital Punishment

Death Penalty

Zero Tolerance Rule

Mandatory sentence

Three Strikes Rule

25 years to life (after 3^rd felony conviction)

5th Amendment

Amendment that protects against self-incrimination, double jeopardy, and ensures due process of law, including the right to remain silent and not testify against oneself.