final defintions

1. Condorcet Jury Theorem – A theory stating that as the size of a jury increases, and if each juror has a better-than-random chance of making the correct decision, the probability of the jury reaching the correct verdict increases under majority rule .

2. Strikes for Cause vs. Peremptory Strikes – Strikes for cause allow attorneys to remove jurors with a valid legal reason (e.g., bias), while peremptory strikes enable attorneys to remove jurors without justification, though they cannot be used to discriminate based on race or gender .

3. Batson Challenge – A legal objection raised when one party believes that the other has used peremptory strikes to exclude jurors based on race, violating Batson v. Kentucky (1986) .

4. Bail – A financial condition set by a judge to ensure a defendant’s return to court; it is determined based on the severity of the crime, the defendant’s criminal history, and flight risk .

5. Aggravating Circumstance & Mitigating Circumstance – Aggravating factors (e.g., prior convictions, extreme cruelty) increase the severity of a sentence, whereas mitigating factors (e.g., mental illness, remorse) can reduce a sentence .

6. Death Qualification – The process of excluding potential jurors who are opposed to the death penalty in capital cases, ensuring that only those willing to impose the death penalty serve .

7. Theories of Punishment – Justifications for punishment include deterrence (preventing future crimes), retribution (punishing for wrongdoing), incapacitation (removing criminals from society), rehabilitation (reforming offenders), and restoration (repairing harm done) .

8. Sentencing Guidelines – Structured sentencing policies aimed at ensuring consistency in sentencing based on the severity of the crime and the defendant’s history. Federal guidelines exist, but states may vary in their approaches .

9. Charge Bargaining – A form of plea bargaining where a defendant pleads guilty to a lesser charge in exchange for a reduced sentence .

10. Arguments for Elected or Appointed Judges – Elected judges may be more accountable to the public but are susceptible to political pressures; appointed judges ensure legal expertise and independence but lack direct public accountability .

11. Birthright Citizenship – The principle that anyone born in a country’s territory is automatically a citizen (jus soli), as established in the Fourteenth Amendment .

12. Habeas Corpus – A legal principle that allows detainees to challenge the legality of their imprisonment in court, ensuring due process .

13. Elements of Procedural Due Process – Fundamental protections in legal proceedings, including notice of charges, the right to an attorney, the opportunity to present evidence, and an impartial tribunal .

14. Incorporation – The process by which the Supreme Court applies the Bill of Rights to the states through the Fourteenth Amendment’s Due Process Clause