Condorcet Jury Theorem: A theory proposed by the 18th-century philosopher Marie Jean Antoine Nicolas de Caritat, marquis de Condorcet. It suggests that if each voter has a greater than 50% probability of making the correct decision, then a majority vote is likely to yield a correct decision, enhancing the collective intelligence of decision-making bodies.
Strikes for Cause vs. Peremptory Strikes:
Strikes for Cause: A request to remove a juror based on specific, identifiable reasons such as demonstrated bias, personal connections to the case, or other factors impacting impartiality. Each side in a trial can challenge a juror for cause, and there is no limit to the number of such strikes.
Peremptory Strikes: A type of juror removal that does not require the party to state a reason and is limited in number; however, they cannot be used for discriminatory purposes, as established in landmark rulings like Batson v. Kentucky.
Batson Challenge: A legal challenge made when a party believes that the opposing party's use of peremptory strikes is motivated by discrimination. Batson challenges aim to promote fairness in jury selection by prohibiting the exclusion of jurors based solely on their race or ethnicity.
Bail: A financial requirement imposed by a court that allows a defendant to be temporarily released from custody while awaiting trial. Bail serves as a financial guarantee of the defendant's appearance and can vary significantly based on the severity of the charges and the risk of flight.
Aggravating Circumstance & Mitigating Circumstance:
Aggravating Circumstance: Factors that elevate the seriousness of a crime, such as prior criminal history, the cruelty of the crime, or the vulnerability of the victim. These factors can lead to harsher sentencing, especially in capital cases.
Mitigating Circumstance: Factors that can decrease a defendant's culpability, including a lack of prior criminal history, mental illness, or circumstances that may have influenced the defendant’s behavior, potentially leading to reduced sentences.
Death Qualification: The process by which potential jurors in capital cases are questioned to determine their ability to impose the death penalty should they find the defendant guilty. The goal is to ensure that jurors are impartial and can set aside personal beliefs regarding capital punishment.
Theories of Punishment: Various philosophical approaches justifying the imposition of penalties on offenders, including:
Retribution: The idea that punishment is justified as a means of vengeance for wrongs committed.
Deterrence: Aims to prevent future crimes by threatening punishment.
Rehabilitation: Focuses on reforming the offender so they can reintegrate into society as a law-abiding citizen.
Sentencing Guidelines: Established standards aimed at creating uniformity in sentencing for similar offenses, helping to reduce disparity and ensuring that sentences reflect the severity of the crime while considering mitigating factors.
Charge Bargaining: A negotiation process where the defendant agrees to plead guilty to a lesser charge in exchange for a lighter sentence. Charge bargaining is a common practice in plea deals allowing for resolution without a protracted trial.
Arguments for Elected vs. Appointed Judges:
Elected Judges: Supporters argue they promote accountability to the public and reflect constituents' needs; opponents highlight potential bias stemming from the need to fundraise and campaign.
Appointed Judges: Proponents argue that appointments foster impartiality and reduce the influence of political pressures; critiques include concerns regarding democratic legitimacy and potential detachment from public sentiment.
Birthright Citizenship: The legal principle that grants citizenship to anyone born within a state's territory, regardless of their parents' citizenship status, and reflects the concept of jus soli (right of the soil).
Habeas Corpus: A constitutional protection against unlawful detention, ensuring that individuals have the right to challenge the legality of their imprisonment and require the state to justify its justification for confinement in court.
Elements of Procedural Due Process: Fundamental legal requirements that guarantee fair treatment in the judicial system, including the right to be heard, the right to legal representation, and the necessity for an impartial tribunal to adjudicate cases. These elements ensure that justice is not only done but is also seen to be done.
Incorporation: The legal doctrine that implies that the protections of the Bill of Rights are applicable to state governments through the Fourteenth Amendment, thus extending federal protections against infringement by state actions.
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