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Court Proceedings > Criminal Law > Flashcards

Criminal Law Flashcards

1
Q

Penal codes

A

Each states written criminal law code, establishes classifications for certain crimes, sets penalties

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2
Q

Types of criminal crimes

A

Misdemeanors, victimless crimes, felonies

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3
Q

Misdemeanors

A

convicted persons sentenced to one year or less, repetition of certain misdemeanors such as a DUI will become a felony

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4
Q

Victimless crimes

A

Crimes against morality, difficult to enforce since victim is perpetrator
Ex: unauthorized gambling, use of illegal drugs

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5
Q

Felonies

A

Serious crimes against people, violent
Ex: manslaughter, assault, rape, kidnapping

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6
Q

Crimes against property

A

Larceny, vandalism, fraud

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7
Q

Larceny

A

Stealing

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8
Q

Vandalism

A

Deliberate destruction unlawfully

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9
Q

Fraud

A

Lying for financial gain
Example: setting your house on fire to collect insurance money

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10
Q

Four functions of criminal penalties

A

Justice, safety to society, deterrent to others, corrections

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11
Q

Justice

A

Criminal pays for an offense against a victim or society

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12
Q

Safety to society

A

Keep dangerous criminals off the street

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13
Q

Deterrent to others

A

Discouraging criminal activities, fear of punishment

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14
Q

Parole

A

Lighter sentence to those criminals in prison who display they’ve been rehabilitated

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15
Q

Order of criminal case

A

Arrest, hearing, indictment, arraignment, trial, verdict, sentencing, appeal

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16
Q

Indictment

A

Order if the person was arrested at scene of the crime. If first investigation before an arrest warrant is issued, then indictment happens before arrest

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17
Q

Result of 1966 case Miranda v. Arizona

A

Reading of rights: right to remain silent, right to attorney, right to court appointed attorney, right to stop answering questions at any time

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18
Q

Booking

A

Defendant brought to police station: finger printing, photographing, pat down, and even strip search in some places, defendant can call his lawyer

19
Q

Initial hearing

A

Bail is set

20
Q

Bail

A

Money defendant gives court as a promise that he/she will return to trial

21
Q

Admissions of guilt made under duress or by coercion

A

Can’t be used

22
Q

At an arrest defendant must be read their

A

Miranda rights

23
Q

If evidence or confessions are thrown out, the prosecutor may have to

A

Drop the charges against the defendant due to lack of sufficient evidence

24
Q

Plea options

A

Not guilty, guilty, no contest

25
Q

Not guilty

A

Defendant claims he didn’t commit crime, bail is set based on crime, case continues

26
Q

Guilty

A

Defendant admits crimes, judge determines punishment

27
Q

No contest

A

Defendant does not admit guilt and doesn’t want to fight prosecution, basically a guilty plea

28
Q

Arraignment

A

criminal plead guilty to face a lesser charge of the crime

29
Q

Lawyers work on trials

A

Interview witnesses, studies law affecting case, gathers as much information as possible

30
Q

Jury selection

A

Large pool of potential jurors selected at random, lawyers from both side select jurors based on how bias they believe the jurors will be

31
Q

Opening statements

A

lawyers set outline for case

32
Q

Presentation of cases

A

Each side presents evidence, call and question witnesses, hear testimonies, cross examine opposing witnesses

33
Q

Indictment

A

Formal accusation of suspect, many states use a grand jury to determine enough warrant on arrest

34
Q

If person arrested at scene of crime the preliminary hearings

A

will serve as indictment

35
Q

Closing statements

A

Each lawyer will highlight the case they presented in order to sway the jury

36
Q

Verdict

A

At the end of the the court preceding the judge or jury decides if the defendant is guilty or not guilty

37
Q

Most states require a

A

Unanimous decision: everyone’s in agreement

38
Q

If the jury finds the defendant not guilty

A

The defendant is immediately released

39
Q

Hung jury

A

Jury cannot reach a unanimous decison

40
Q

A hung jury can lead to

A

Retiring case until verdict is released

41
Q

A hung jury does not provide

A

A guilty or not guilty sentence

42
Q

Sentencing

A

When defendant is found guilty or innocent

43
Q

A guilty defendant may appeal to a

A

higher court

Court Proceedings (3 decks)

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