System Exam Flashcards
Penal Code
Set of statutes that specify the states criminal offenses and procedures and form the basis for criminal law in California
Case Law
Law as established by the outcome of former cases
Precedent
Court decision that is considered as authority for deciding subsequent cases involving identical or similar facts or similar legal issues
Presumption of innocence
Every person accused of a crime is presumed to be innocent unless his or her guilt is established beyond a reasonable doubt
Presumption of release
Release on recognizance or non-monetary conditions for some, if not all defendants who are eligible for bail
Standard of proof preponderance of evidence
The burden of proof is met when the party with the burden convinces the fact finder that there is a greater than 50% chance that the claim is true
Standard of proof clear and convincing evidence
The evidence is highly and substantially more likely to be true than untrue
Standard of proof beyond a reasonable doubt
The prosecution must convince the jury that there is no other reasonable explanation that can come from the evidence presented at trial
Adversarial system
The aggrieved party alleges there has been an injury and is seeking relief from the defendant
Felony
Any offense that can result in a sentence of more than one year is considered a felony crime
Misdemeanor
Primarily offenses with a maximum punishment of a $1000 and a county jail term of 1 year or less
Wobbler
Criminal offense which allows the prosecutor discretion in choosing to charge the crime as a misdemeanor or felony
Bail/bond
A surety bond which is posted by a bail bond company to the court as a guarantee for an arrestees appearance at all court dates
Sentence: Determinate
Where the court sets a fixed length for the prison sentence
Sentence: Indeterminate
A type of custodial sentence that consists of a range of years (such as 5-10yrs) and not a fixed time
