Crime Study Guide Flashcards
What is the difference between a civil case and a criminal case?
A criminal acts in a harmful way to an orderly and safe society (punishable by either fines or incarceration) [prosecution vs. defendant] whereas a civil case is a private dispute between people/organizations seeking monetary damages [plaintiff vs. defendant]
What is the difference in the burden of proof in a civil trial versus a criminal trial?
Criminal case means prosecution must prove its case beyond a reasonable doubt (must overcome the presumption of innocence) whereas in a civil case, plaintiffs must overcome their case by a preponderance of the evidence (plaintiff must establish that it is more likely than not that a particular fact is true)
What is the difference between a jury trial and a bench trial?
Jury Trial- the jury reaches the verdict; this can occur in both civil and criminal cases; Bench Trial is when the judge is the sole decider in the verdict; can occur in both civil and criminal cases (bench trials usually result in quicker resolutions)
What is the difference between an indictment and a conviction?
Indictment is simply an allegation/charge (just because a person is indicted does not mean he/she is guilty of anything) whereas a conviction is when the person has actually been found guilty
What is the difference between a conviction and acquittal?
Acquittal- the person is not found guilty (that is key phrasing)
How does a “grand jury” differ from a regular trial jury?
The key difference is in their function. A grand jury only has the power to indict; it cannot acquit or convict whereas a regular trial jury can either convict or acquit
What does the expression “I’ll take the fifth” mean and what does it refer to?
I’ll take the fifth- refers to the fifth amendment, and it is the right to not incriminate yourself, you refuse to answer a question because it incriminates you
What does the French term “void dire” mean in the context of a civil or criminal trial?
The formal examination of a possible juror under oath to determine sustainability for jury service or of a prospective witness under oath to determine competence to give testimony.
What is the difference between an appellate court and a trial court?
Trial Court- typically the court that hears a case between parties for the first time whereas Appellate Court is a higher level than a trial court (if you do not like the ruling from a trial court, you appeal to the appellate court (you must point to the flaw in the process of the decision if you appeal)
The US Supreme Court is the highest court in the United States. What is the highest court in New York State?
New York Court of Appeals
How many names make up the United Justice Supreme Court and who are they?
Nine: John Roberts (swing vote, red), Clarence Thomas (red), Neil Gorsuch (red), Brett Kavanaugh (red), Amy Coney Barrett (Red, Notre Dame), Samuel Alito (red), Sonia Sotomayer (blue), Elena Kagan (blue), Stephen Breyer (blue)
Who is the Chief Justice of the United States?
John Roberts (red)
How are federal judges chosen?
Appointed by the president and then confirmed by the US Senate (HOR does not get a say)
What is the difference between libel and liable?
Libel is a form of defamation and liable means legally obligated or responsible
What is the difference between a felony and a misdemeanor?
Misdemeanor is a less serious crime than a felony whereas felony is the most serious crime that you can commit
What is an arraignment?
“First appearance,” first public reading of charges in court. 1) Defendant enters plea (typically not guilty), 2)Judge sets bail if allowed, 3) Court determines if suspect is represented by counsel
What is the role of the district attorney’s office in the criminal justice system?
The DA is the prosecutor- they prosecute the case (called different things in different jurisdictions), investigation is done by law enforcement and turned over to the DA
What is a plea bargain?
Agreement between the defendant and prosecutor where the defendant agrees to plead guilty in exchange for a lighter charge
What does it mean when someone is sentenced to probation?
You can keep your freedom, but you will have to check in regularly. So long as you follow the rules, you will avoid incarceration. You can be arrested if you violate probation
What does it mean when criminal charges are dismissed “without prejudice?”
The case can be refiled in the future
What does the term “in camera” mean in the context of a trial proceeding?
“In chambers,” out of public view
What is a “change in venue?”
Changing the location of the case- Can be due to extensive pre-trial publicly of the case
What is the difference between a jail and a prison?
Jail- used as holding facilities for those who are awaiting trial or convicted people whose sentences are less than a year (74% of people held by jails have not been convicted of a crime) whereas prison is a place for convicted criminals of serious crimes
Homicide
the killing of a human being at the hand of another. Not all homicides are crimes. Here are the homicides that are crimes: 1) Murder 2) Manslaughter 3) Criminally Negligent Homicide
