Chapters 1,2,3 (Test One) Flashcards
Definition of a Crime
An Act prohibited or an omission required by law
More Laws=
More Violators
Civil Justice
Deals with relationships between citizens, government agencies, and private business concerns
Criminal Justice
Justice that is concerned with violations of the criminal law
Rights protected by
First Ten Amendments
Amendment 4
Search and Seizure
Amendment 5
Rights in a criminal case and to not testify against oneself
Amendment 6
Right to a speedy trail by an impartial jury
Amendment 8
Right not to face excessive bail or fines
Amendment 4 came from
British soldiers invading anyone’s home with the document writ of assistance
Two ways to search
With a warrant, without a warrant
Both require probable cause
Probable Cause
Facts and circumstances that would lead a reasonable person to believe a crime has been or is about to be committed.
Probable Cause
The constitutional standard to search and arrest
Arrest
The action of seizing someone by legal authority and taking them into custody
Options when someone is arrested
into custody, released from custody, bailed out, detained, released at scene
Action of Arrest
Charging decision
Release Decision Minor Criminal Case
Released on their promise to appear in court
Release Decision Serious Criminal Case
Bail or bond is placed to insure appearance
Plea Bargaining
Deal between the prosecution and the defendant. Pleading guilty for a reduced charge.
Release Decision Most Serious Criminal Case
Can be held without release option if they are a danger to society
Percent of criminal cases resolved through plea bargaining
90+%
Jury Trial
A trial by a jury of ones peers determine guilt or innocence
Bench Trial
A trial in which a judge determines guilt or innocence
Burden of proof in Criminal Trial
Proof beyond a reasonable doubt