Criminal Justice Legal Terms and Phrases w/ Bonus terms

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Vocabulary flashcards covering core terms, legal standards, processes, and constitutional protections in the criminal justice system.

43 Terms

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Burden of proof

The obligation of the prosecution to prove the defendant's guilt, which in criminal cases must meet the standard of beyond a reasonable doubt.

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Presumption of innocence

The foundational principle that every defendant is considered innocent until proven guilty in a court of law.

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Felony

A serious crime (such as murder, robbery, or grand theft) usually punishable by more than one year in state or federal prison.

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Misdemeanor

A less severe crime (such as petty theft or disorderly conduct) usually punishable by a fine or a jail sentence of one year or less.

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Bench trial

A legal proceeding where a single judge acts as both the finder of fact and the interpreter of law, rendering a final verdict without a jury.

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Jurisdiction

The official legal power or authority of a court, government agency, or official body to make legal decisions, hear cases, and enforce laws.

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Venue

The proper geographic location, county, district, or court division where a legal case is tried.

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Probable cause

The legal standard under the Fourth Amendment that police must satisfy to make an arrest, conduct a search, or obtain a warrant; implies knowledge leading a reasonable person to believe a crime was committed or evidence exists in a specific location.

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Subpoena

A formal, written legal order commanding a person to appear in court to testify at a specific time and place, or to produce documents, records, or other physical evidence.

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Miranda rights / Miranda warning

Constitutional protections established in Miranda vs. Arizona (1966) safeguarding Fifth Amendment rights against self-incrimination and Sixth Amendment rights to counsel during police questioning.

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Indictment

A formal, written accusation issued by a grand jury charging a person with a major crime.

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Arraignment

The initial court appearance where the defendant is formally charged, informed of their rights, and enters a plea (guilty, not guilty, or no contest).

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Discovery (process)

The pre-trial exchange of evidence, witness lists, and information between the prosecution and the defense.

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Deposition

A formal, out-of-court interview where a witness or party answers questions under oath, usually conducted as part of the discovery process.

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Voir dire

The legal process where a judge and attorneys question prospective jurors or witnesses to evaluate their suitability and bias.

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Acquittal

A formal judgment or jury verdict by a court stating that the criminal defendant is not guilty of the charges (not identical to being declared innocent or exonerated).

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Conviction

A formal judgment or jury verdict by a court declaring that the defendant is guilty of the crime.

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Prosecutor / District attorney (D.A.)

The government attorney who charges and tries the case against the accused.

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Public defender

A licensed attorney employed or funded by the government to represent criminal defendants who cannot afford to hire a private lawyer.

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Extradition

The formal legal process by which one jurisdiction surrenders an accused or convicted person to another jurisdiction with legal authority to try or punish them.

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Appeal

A legal process in which a party requests a higher court to review and alter the final decision rendered by a lower court.

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Appellate court

A higher judicial body that reviews the decisions made by lower trial courts or tribunals.

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Parole

The conditional release of a prisoner before completing their full sentence, subject to supervision by a parole officer in the community.

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Probation

A court-ordered sentence permitting a convicted offender to remain in the community under supervision rather than serving prison time.

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Bail

The temporary release of an accused person awaiting trial, sometimes secured by a financial deposit to guarantee their appearance in court.

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Plea bargain

A legal agreement where a defendant pleads guilty or no contest to a criminal charge in exchange for a typically reduced sentence or lesser punishment.

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Alford plea

A special type of guilty plea where a defendant formally accepts a conviction and sentence without admitting factual guilt.

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Hearsay

An oral, written, or non-verbal assertion made outside of court that is inadmissible because the declarant is not under oath and cannot be cross-examined.

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Restitution

A court-ordered financial payment or compensation paid by a convicted defendant to a victim for direct economic losses caused by the crime.

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Recidivism

The tendency or rate at which a convicted criminal reoffends or returns to criminal behavior following release.

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Double jeopardy

The Fifth Amendment constitutional protection preventing an individual from being tried twice for the exact same offense following an acquittal or conviction.

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Adjudicate

To make a formal judgment or decision on a legal matter or disputed issue, allowing a process to resolve with an official verdict or decree.

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Affidavit

A written statement issued under oath or by affirmation intended for use as evidence in court.

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Circumstantial evidence

Evidence not drawn from direct observation of a fact at issue that relies instead on secondary assumptions and logical inference.

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Coercion

The use of express or implied threats, intimidation, physical force, or psychological pressure to subvert an individual's free will and compel them to act.

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Exculpatory evidence

Information or evidence that clears a defendant of guilt or blame.

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Exoneration

The official act of clearing someone of a criminal conviction.

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Peremptory strike

The dismissal or rejection of a potential juror without providing or stating a reason.

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Rule 32 petition

An Alabama post-conviction relief process used to challenge the mishandling of a past criminal conviction.

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Sequestration

The act of isolating a jury during trial proceedings to prevent exposure to outside influence.

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Warrant

A legal document issued by an official authorizing police to make an arrest, search premises, or execute other actions related to administering justice.

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(Writ of) certiorari

A request for a higher court, typically the Supreme Court, to review a ruling or decision delivered by a lower court.

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(Writ of) habeas corpus

A writ directing that a detained individual be brought before a court to secure release unless lawful grounds for detention are demonstrated.