Untitled Deck Flashcards
1
Q
Acquittal
A
Judge and jury finds defendant not guilty
2
Q
Actus Reus
A
Guilty act
3
Q
Adjudicated
A
Judicial determination (judgment) that a youth is a delinquent or status offender
4
Q
Adversarial System
A
A proceeding in which the opposing sides have the opportunity to present their evidence and arguments
5
Q
Affidavit
A
A written statement of facts, which the signer swears under oath are true
6
Q
Aggravating Circumstances
A
Factors that increase the seriousness of a crime and therefore tend to increase the severity of the sentence imposed
7
Q
Alford Plea
A
Defendant pleads guilty while claiming innocence
8
Q
Alibi (Defense)
A
A defense alleging that the defendant was elsewhere at the time that the crime with which he or she is charged was committed
9
Q
Allen Charge
A
Jury can’t reach verdict. Judge encourages jury to deliberate until verdict is reached
10
Q
Alternative Jurors
A
Jurors chosen in excess of the minimum number needed, in case one or more jurors is unable to serve for the entire trial
11
Q
Amicus curiae
A
Latin for “friend of the court,” the term used to refer to an advocacy brief filed in court by a nonparty urging a particular outcome and/or rationale
12
Q
Appellant
A
The party, usually the losing one, that seeks to overturn the decision of a lower court by appealing to a higher court
13
Q
Appellate Brief
A
A formal document submitted to an appellate court setting forth the legal arguments in support of a party’s case on appeal.
When a brief is filed in support of a motion at the trial court level, it is sometimes referred to as a “memorandum of points and authorities
14
Q
Arraignment
A
The stage of the criminal process in which the defendant is formally told the charges and allowed to enter a plea
15
Q
Arrest Warrant
A
A document issued by a judicial officer authorizing the arrest of a specific person
16
Q
Arrest
A
The act of depriving a person of his or her liberty, most frequently accomplished by physically taking the arrestee into police custody for a suspected violation of criminal law
17
Q
Article I
A
Section of the U.S. Constitution concerning the legislative branch of the national government
18
Q
Article III
A
Section of the U.S. Constitution concerning the judicial branch of the national government
19
Q
Bail
A
The security (money or bail bond) given as a guarantee that a released prisoner will appear at trial
20
Q
Bench Trial
A
Trial by Judge, no jury
21
Q
Bench Warrant
A
An order issued by the court itself, or from the bench, for the arrest of a person; it is not based, as is an arrest warrant, on a probable cause showing that a person has committed a crime, but only on the person’s failure to appear in court as directed
(Aka a capias)
22
Q
Bifurcated Trial
A
A trial split into two phases, such as the guilty and penalty phases of a capital prosecution
23
Q
Bill of Rights
A
The first ten amendments to the U.S. Constitution, guaranteeing certain rights and liberties to the people
24
Q
Bind over
A
If at the preliminary hearing the judge believes that sufficient probable cause exists to hold a criminal defendant, the accused is said to be bound over for trial
25
Burden of Persuasion
The level or quantum of evidence necessary to convince a judge or jury of the existence of some fact in dispute.
## Footnote
In a criminal case, the prosecution bears the burden of persuasion to prove each and every element of a crime beyond a reasonable doubt
26
Burden of Proof
The requirement to introduce evidence to prove an alleged fact or set of facts.
## Footnote
The level or quantum of evidence necessary to convince a judge or jury of the existence of some fact in dispute. In a criminal case, the prosecution bears the burden of persuasion to prove each and every element of a crime beyond a reasonable doubt.
27
Burger Court
The Supreme Court under the leadership of Chief Justice Warren Burger (1969–1986)
28
Capitol Offense
Any crime punishable by death penalty
29
Challenge for Cause
Method of excusing juror due to specific reasons, such as bias
30
Change of Venue
The removal of a case from one jurisdiction to another.
## Footnote
It is usually granted if the court believes that, due to prejudice, a defendant cannot receive a fair trial in the area where the crime occurred
31
Charge Bargaining
In return for the defendant’s plea of guilty, the prosecutor allows the defendant to plead guilty to a less-serious charge than the one originally filed
32
Charging Instrument
An information, indictment, or complaint that states the formal criminal charge against a named defendant
33
Circumstantial Evidence
Indirect, draw a conclusion
34
Civil Law
Law governing private parties; other than criminal law
35
Closing Arguments
Statement made by an attorney at the end of the presentation of evidence in which the attorney summarizes the case for the jury
36
Complaint
In civil law, the first paper filed in a lawsuit. In criminal law, a charge signed by the victim that a person named has committed a specified offense
37
Concurrence
A situation in which two or more things happen at the same time (Actus Reus and Mens Rea)
38
Contempt of Court
The failure or refusal to obey a court order; may be punished by a fine or imprisonment
39
Contract System
Method of providing counsel for indigents under which the government contracts with a law firm to represent all indigents for the year in return for a set fee
40
Corpus delicti
The body or substance of a crime, composed of two elements—the act and the criminal agency producing it, "Body of Evidence"; Elements in which prosecutors must prove beyond reasonable doubt
41
Count Bargaining
The defendant pleads guilty to some, but not all, of the counts contained in the charging document, which reduces the potential sentence
42
Court Appointed Attorney (Assigned counsel system)
Arrangement that provides attorneys for persons who are accused of crimes and are unable to hire their own lawyers.
## Footnote
The judge assigns a member of the bar to provide counsel to a particular defendant
43
Courtroom workgroup
The regular participants in the day-to-day activities of a particular courtroom; judge, prosecutor, and defense attorney interacting on the basis of shared norms
44
Criminal Defenses
Legally recognized justification for illegal actions, or acceptance that individuals were not legally responsible for their actions
45
Criminal Law
Laws passed by government that define and prohibit antisocial behavior
46
Cross Examination
At trial, the questions of one attorney put to a witness called by the opposing attorney
47
Cruel and Unusual Punishment
Court punishment prohibited by the 8th Amendment
48
Death-Qualified Jurors (Jury)
Juries that sit in judgment of a defendant in a capital trial and are comprised of members (selected through the voir dire process) who are not morally opposed to voting to impose the death penalty
49
Defendant
The person or party against whom a lawsuit or prosecution is brought
50
Defense of Others
You not only have the right to use force to protect yourself from harm but to protect others in certain circumstances
51
Defense of Property
An affirmative defense to liability for an alleged crime that one used force in order to protect one's property
52
Defenses of Excuse
Criminal defenses that excuse criminal conduct because of some impairment, such as youthful age or insanity, that significantly mitigates criminal responsibility
53
Defenses of Justification
Criminal defenses that justify the use of force under limited circumstances, such as defending oneself or another person
54
Demonstrative Evidence
Visual/auditory aids that assist the fact finder to understand the evidence
55
Determinate Sentence
Sentence imposed with specific amount of years (i.e., 5 years; no more and no less)
56
Deterrence (Theory)
The view that certain, severe, and swift punishment will discourage others from similar illegal acts
57
Direct Evidence
Evidence derived from one or more of the five senses
58
Direct Examination
The questioning of witnesses, using primarily open-ended questions, to adduce evidence as part of a party’s case-in-chief
59
Discovery
Pretrial procedure in which parties to a lawsuit ask for and receive information such as testimony, records, or other evidence from each other
60
Discretion
The lawful ability of an agent of government to exercise choice in making a decision
61
Dismissal
Cases terminated (including those warned, counseled, and released) with no further disposition anticipated
62
Dissenting Opinions
An opinion written by a judge of an appellate court in which the judge states the reasons for disagreeing with the majority decision
63
Double Jeopardy
Fifth Amendment prohibition against a second prosecution after a first trial for the same offense
64
Dual Court System
A court system consisting of a separate judicial structure for each state in addition to a national structure.
## Footnote
Each case is tried in a court of the same jurisdiction as that of the law or laws involved
65
Due Process Model
A philosophy of criminal justice based on the assumption that an individual is innocent until proven guilty and has a right to protection from arbitrary power of the state
66
Due Process of Law
A right guaranteed in the Fifth and Fourteenth Amendments of the U.S. Constitution and generally understood to mean the due course of legal proceedings according to the rules and forms established for the protection of private rights
67
Elements of a Crime
Five principles of a crime that are critical to the statutory definition of crimes: guilty act, guilty intent, relationship between guilty act and guilty intent, attendant circumstances, and results
68
En banc
French term referring to the session of an appellate court in which all the judges of the court participate, as opposed to a session presided over by three judges
69
Evidence
Any kind of proof offered to establish the existence or nonexistence of a fact in dispute—for example, testimony, writings, other material objects, or demonstrations
70
Exclusionary Rule
A rule created by judicial decisions holding that evidence obtained through violations of the constitutional rights of the criminal defendant must be excluded from the trial
71
Exculpatory Evidence
Evidence that casts doubt on the guilt of a criminally accused person
72
Extradition
Legal process whereby officials of one state or country surrender an alleged criminal offender to officials of the state or country in which the crime is alleged to have been committed
73
Extralegal Factors
Factors, such as race, ethnicity, sex, and socioeconomic status, that are associated with differential treatment by the criminal justice system even though they are not supposed to affect case processing, outcomes, and sentences
74
Felony
The more serious of the two basic types of criminal behavior, usually bearing a possible penalty of one year or more in prison
75
Fruit of Poisonous Tree
The poisonous tree is evidence directly obtained as a result of a constitutional violation; the fruit is the derivative evidence obtained because of knowledge gained from the first illegal search, arrest, confrontation, or interrogation
76
Gag Orders
A judge’s order that lawyers, witnesses, or members of law enforcement not discuss the trial with outsiders
77
General Deterrence
The theory that posits that rational, self-interested people will be deterred from committing crimes by the threat of certain, severe, and swift punishment
78
Good Faith
An exception to the exclusionary rule that allows illegally seized evidence to be admitted at trial if law enforcement officers acted in good faith, relying on a defective search warrant or a law subsequently determined to be unconstitutional
79
Grand Jury
A group of citizens who decide whether persons accused of crimes should be indicted (true bill) or not (no true bill)
80
Habeas Corpus
Latin phrase meaning “you have the body”; a writ inquiring of an official who has custody of a person whether that person is being lawfully imprisoned or detained
81
Hearsay
An out-of-court assertion or statement, made by someone other than the testifying witness, which is offered to prove the truth of testimony.
## Footnote
Hearsay evidence is excluded from trials unless it falls within one of the recognized exceptions and does not otherwise violate the Sixth Amendment’s Confrontation Clause
82
Hung Jury
A jury that is unable to reach a verdict
83
Impeachment Evidence
Any evidence that would cast doubt on the credibility of a witness
84
Incapacitation
Sentencing philosophy that stresses crime prevention through isolating wrongdoers from society
85
Independent Source
An exception to the fruit of the poisonous tree doctrine that allows the admission of tainted evidence if that evidence was also obtained through a source wholly independent of the primary constitutional violation
86
Indeterminate Sentencing
A sentence that has both a minimum and a maximum term of imprisonment, the actual length to be determined by a parole board
87
Indictment
A formal accusation of a criminal offense made against a person by a grand jury
88
Inevitable Discovery
Exception to FPT- Evidence would have been discovered anyway
89
Inferior Court
Term for a trial court of limited jurisdiction; also may refer to any court lower in the judicial hierarchy
90
Information
A formal accusation charging someone with the commission of a crime, signed by a prosecuting attorney, which has the effect of bringing the person to trial
91
Initial Appearance
Shortly after arrest, the suspect is brought before a judicial official, who informs the person of the reason for the arrest and makes an initial determination about whether there was probable cause for the arrest.
## Footnote
In some jurisdictions, a preliminary determination regarding bail may also be made
92
Insanity Defense
A criminal defense that excuses criminal conduct if a severe mental disease or defect substantially impaired the defendant’s ability to appreciate the wrongfulness of his or her conduct
93
Intermediate Sanctions
Variety of sanctions that lie somewhere between prison and probation
94
Interrogation
To ask questions of (a person), sometimes to seek answers or information that the person questioned considers personal or secret
95
Interview
A structured conversation where one participant asks questions, and the other provides answers
96
Jail
A place of confinement for persons held in lawful custody; less than 1 year
97
Jurisdiction
The power of a court to hear and adjudicate a case
98
Jury Consultants
Professionals who assist lawyers in selecting juries through the use of behavioral scientific principles and techniques
99
Jury Deliberations
The action of a jury in determining the guilt or innocence, or the sentence, of a defendant
100
Jury Nullification
Idea that juries have the right to refuse to apply law despite facts leave no reasonable doubt
101
Just Deserts
Punishment for criminal wrongdoing should be proportionate to the severity of the offense
102
Justice of the Peace
A low-level judge, sometimes without legal training, typically found in rural areas of some states, empowered to try petty civil and criminal cases and to conduct the preliminary stages of felony cases
103
Juvenile Delinquency
An act committed by a juvenile for which an adult could be prosecuted in a criminal court
104
Legal Ethics
Codes of conduct governing how lawyers practice law and how judges administer justice
105
Mens Rea
Guilty mind/criminal intent behind a crime when it is committed
106
Misdemeanor
Lesser of the two basic types of crime, usually punishable by no more than one year in jail
107
Mistrial
Invalid trial
108
Mitigating Factors
Factors that mitigate the seriousness of a crime and therefore tend to reduce the severity of the sentence imposed
109
Model Rules of Professional Conduct
The American Bar Association’s set of model rules that impose ethical obligations on lawyers to their clients and to the courts.
## Footnote
Some variations of these rules have been adopted in all 50 states
110
Municipal Court
A trial court of limited jurisdiction created by a local unit of government
111
NIBRS (National Incident-Based Reporting System)
An incident-based, rather than summary
112
What is a Mistrial?
An invalid trial.
113
What are Mitigating Factors?
Factors that mitigate the seriousness of a crime and therefore tend to reduce the severity of the sentence imposed.
114
What are the Model Rules of Professional Conduct?
The American Bar Association’s set of model rules that impose ethical obligations on lawyers to their clients and to the courts. Some variations of these rules have been adopted in all 50 states.
115
What is a Municipal Court?
A trial court of limited jurisdiction created by a local unit of government.
116
What is NIBRS?
National Incident-Based Reporting System; an incident-based system for tracking criminal offenses with significantly more detail than the UCR.
117
What does 'No Bill' mean?
The decision of a grand jury not to indict a person for a crime; 'no true bill.'
118
What is Nolo Contendre?
Latin phrase meaning 'I will not contest it.' A plea of 'no contest' means the defendant does not directly admit guilt but submits to sentencing.
119
What is an Objection?
The act of taking exception to a statement or procedure during a trial.
120
What is an Officer of the Court?
Lawyers are officers of the court and must obey court rules, be truthful in court, and serve the needs of justice.
121
What are Open Fields?
Fields, forests, vacant lots, etc. A warrant nor probable cause is needed to search.
122
What is an Opening Statement?
Address made by attorneys for both parties at the beginning of a trial outlining what they intend to prove.
123
What is Oral Argument?
The part of the appellate court decision-making process where lawyers plead their case in person before the court.
124
What does Parens patriae mean?
The state as parent; the guardian and protector of citizens unable to protect themselves.
125
What is Parole?
Early release from prison on the condition of good behavior.
126
What is a Peremptory Challenge?
Both Defense and Prosecution can remove jurors they believe to be hostile to their side.
127
What are Petit Juries?
Name used to differentiate trial juries from grand juries.
128
What is Plain View?
When an officer sees contraband or other evidence that provides probable cause; no warrant needed.
129
What is a Plea Bargain?
The process by which a defendant pleads guilty to a criminal charge with the expectation of receiving some benefit from the state.
130
What is Precedent?
A case previously decided that serves as a legal guide for the resolution of subsequent cases.
131
What is a Preliminary Hearing?
A pretrial hearing to determine whether there is probable cause to bind a defendant over for felony trial.
132
What is a Presentence Investigation (PSI)?
Investigation by a probation department into circumstances surrounding a crime to help judges make appropriate sentencing decisions.
133
What is the Presumption of Innocence?
The presumption that a person charged with a crime is innocent until proved guilty.
134
What are Presumptive Sentences?
A required structured sentencing system providing a single recommended prison term within a wider statutory sentence range for each felony offense.
135
What is Pretrial Diversion?
An alternative to prosecution that seeks to divert certain offenders from traditional criminal justice processing.
136
What is Prison?
A state of confinement or captivity for lawbreakers; more than one year.
137
What does Pro Se mean?
Acting as one’s own attorney in court; representing oneself.
138
What is Probable Cause?
Standard used to determine whether a crime has been committed and whether there is sufficient evidence to believe a specific individual committed it.
139
What is Probation?
Punishment for a crime that allows the offender to remain in the community without incarceration but subject to certain conditions.
140
What is Procedural Law?
Law that outlines the legal processes to be followed in starting, conducting, and finishing a lawsuit.
141
What is a Public Defender?
An attorney employed by the government to represent indigent defendants.
142
What is Real Evidence?
Tangible objects and items (weapons, clothes, etc.).
143
What is Reasonable Doubt?
The state of mind of jurors when they are not firmly convinced of a defendant’s guilt.
144
What is Rebuttal?
The introduction of contradictory evidence.
145
What is Rehabilitation?
The notion that punishment is intended to restore offenders to a constructive role in society.
146
What is Restitution?
To restore or to make good on something—for example, to return or pay for a stolen item.
147
What is Restoration?
A philosophy of justice positing that the principal aim of the criminal justice system should be to repair harms caused by crime.
148
What is Retribution?
A concept implying the payment of a debt to society and the expiation of one’s offense.
149
What is the Roberts Court?
The Supreme Court under the leadership of Chief Justice John Roberts (2005–).
150
What is the Rule of Four?
The rule that four of the nine justices on the U.S. Supreme Court must vote in favor of granting a petition for a writ of certiorari.
151
What are the Rules of Evidence?
Rules that govern whether, when, how, and for what purposes certain forms of proof may be placed before the trier-of-fact.
152
What is Scientific Evidence?
Results of forensic investigatory or scientific technologies.
153
What is Scientific Jury Selection?
The use of social scientific techniques to select jurors likely to be favorably disposed to one’s side of a case.
154
What is a Search Warrant?
A written order directing a law enforcement officer to search for personal property.
155
What is Self Defense?
The right to use physical force against another person committing a felony or threatening physical force.
156
What is Self-Incrimination?
Forcing a suspect to provide evidence against themselves; prohibited by the Fifth Amendment.
157
What is Sentencing Bargaining?
The defendant pleads guilty knowing the sentence that will be imposed is less than the maximum.
158
What does Sequester mean?
To isolate members of a jury from the community until they reach a final verdict.
159
What are Specialty Courts?
Problem-solving court strategies designed to address the root causes of criminal activity.
160
What is Specific Deterrence?
The notion that the experience of criminal punishment should deter an offender from future criminal acts.
161
What does Stare decisis mean?
Latin phrase meaning 'let the decision stand.' The doctrine that principles of law established in earlier decisions should be accepted as authoritative.
162
What is a Status Offense?
Behavior considered an offense only when committed by a juvenile, such as running away from home.
163
What are Statutes?
Written laws enacted by a legislature.
164
What are Straight up pleas?
A plea entered without a plea agreement (aka open plea).
165
What is Structured Sentencing?
Sentencing schemes that seek to curtail judicial discretion by classifying offenders based on the severity of the crime and their prior record.
166
What is Substantive Law?
Law that deals with the content or substance of the law, such as the legal grounds for divorce.
167
What are Suppression Motions?
Requests that a court prohibit specific statements, documents, or objects from being introduced into evidence.
168
What does Tabula Rasa mean?
The idea that jurors cannot consider factors that were not introduced at trial.
169
What are Three Strike Laws?
Statutes that mandate increased sentences for repeat offenders, often requiring a mandatory sentence of 20 years or more for a third qualifying felony.
170
What is a Trial Court of Limited Jurisdiction?
A lower-level state court whose jurisdiction is limited to minor civil disputes or misdemeanors.
171
What is a Trial de novo?
A new trial at a higher level of court.
172
What is a Trial Court?
Judicial body with primarily original jurisdiction in civil or criminal cases.
173
What is a True Bill?
A bill of indictment by a grand jury.
174
What is Truth in Sentencing?
Laws that require offenders to serve a substantial portion of their prison terms before release.
175
What is UCR?
Uniform Crime Report; a program for reliable, uniform crime statistics for the nation.
176
What is the US Court of Appeals?
Intermediate appellate courts in the federal judicial system.
177
What is the US Supreme Court?
The nation’s highest court, composed of nine justices nominated by the president.
178
What is Venire?
Randomly selected group for jury trial or selecting the jury pool from a master list.
179
What is Venue?
The geographic location of a trial, determined by constitutional or statutory provisions.
180
What does Voir Dire mean?
Latin for 'speak the truth'; the process by which prospective jurors are questioned.
181
What is the Warren Court?
The Supreme Court under the leadership of Chief Justice Earl Warren (1953–1969).
182
What is a Writ of certiorari?
Order issued by an appellate court for obtaining the record of proceedings from a lower court.
