English Test

innocent until proven guilty

rule that it is the state’s responsibility to prove guilt (because defendant is assumed to be innocent); the suspect does not have to prove innocence

beyond a reasonable doubt

rule that jurors can only find the defendant guilty if they are convinced 100% of his or her guilt, leaving no room for doubt of the defendant’s innocence

double jeopardy

rule that a person cannot be tried twice for the same crime (even if evidence arises later that proves that person’s guilt)

burden of proof

the duty of the prosecution to prove the facts necessary to win their case

defendant

the person who has been accused of doing something illegal (innocent until proven guilty)

defense attorney

the lawyer who tries to prove innocence of the defendant

prosecution attorney

the lawyer who tries to prove the guilt of the defendant. (represents the state)

witness

someone who tells what they saw or what they know about a crime in a court of law.

jury

a group of twelve people who listen to details of a case in court and decide if someone is guilty. (juror =single member of a jury)

foreman

a juror chosen to lead a jury and deliver the verdict to the judge

hung jury

a jury which cannot reach a unanimous verdict; a hung jury would require a retrial.

acquit

to find the defendant innocent

convict

to find the defendant guilty of the crime

cross-examine

to question a witness who has already testified for the opposite side

deliberate

to consider or discuss carefully

perjury

the act of lying under oath in court

premeditate

to plan or plot [a crime] in advance

take/plead the Fifth

to refuse to testify when doing so might incriminate that witness in a crime (based on the 14th Amendment which states that a person cannot be forced to testify against himself)

alibi

an excuse used by the defendant to prove he/she was elsewhere when the crime was committed

testimony

the formal statement/story provided by a witness in a court of law.

trial

a legal process in which a court of law examines a case

verdict

the final decision made by a jury about whether or not someone is guilty

homicide

the killing of one person by another

first degree murder

he most serious type of murder in which someone deliberately kills someone else (premeditated murder)

second degree murder

intentional killing that is neither planned nor committed in a "heat of passion" or 2) a killing caused by dangerous conduct and the offender's obvious lack of concern for human life.

manslaughter

unlawful killing of a person, without hatred or premeditation (usually considered less serious than murder); involuntary manslaughter is accidental, such as running into someone with a car; voluntary manslaughter is committed in the “heat of passion,” such as a getting into a spontaneous fight in which one person is killed by a strong punch