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Definition
| Freedom of speech, religion, assembly, press, and to petition the government. |
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| Right to bear and keep arms |
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Definition
| No unreasonable Search and Seizures with out a warrant given for probable cause. |
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| Double Jeopardy, Protection from self incrimination, grand jury indictments, private property can not be taken for public use without just compensation. Guarantees due process. |
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Definition
| Right to a speedy trial with a jury of peers. right to confront witnesses, and the right to counsel. |
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| No excessive bail or cruel and unusual punishment. |
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| Equality for all people. Private persons arrest. Guarantees due process for all people. |
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Term
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Definition
| 1. Purpose of compensation, 2. Sue for anything, 3. Preponderance of evidence, 51%, 4. 75% of Jury Agreement, 5. No public defender |
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Term
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Definition
| 1. Purpose of Retribution and Punishment, 2. Must have committed a crime, 3. Proof beyond reasonable doubt, 4. Unanimous jury decision, 5. Right to an attorney. |
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Definition
| Violation of the Law due to either commission or omission. Must have a penalty. |
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Term
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Definition
| face to face contact between law enforcement and the public where no justification is needed, only consent is needed. Public must be able to leave. Consent can be given or taken away. |
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Term
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Definition
| A person can not reasonably leave. Justification is reasonable suspicion. |
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Definition
| Reason why police believes that a person have been, are, or will be committing a criminal activity. Pad down are not justified. |
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Term
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Definition
| Taking a person into custody in a manner authorized by law. Justification is probable cause. Police are allowed to whether or not crime has been committed. |
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Term
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Definition
| Police can say why a person is believed to have committed the crime. |
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Definition
| Can only do so if a crime was committed in fact. |
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Term
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Definition
| A citable offense. Can't have a jury trial, can't have a public defender because freedom is not at risk, only a fine. |
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Term
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Definition
| Crimes to be arrested. Many are citable because prisons are full. Options are fine, county jail, probation, or any combination of the three. |
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Term
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Definition
| Crimes for which you can go to prison or pay a fine, go to probation, or death. |
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Term
| Arrignment/initial appearance |
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Definition
| 1. Advised of the charges, 2. Know courtroom rights & first time hearing charges, 3. To verify the identity of the accused, 4. Enter a plea. |
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Term
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Definition
| Purpose to make sure the person returns to court, and to ensure public safety. Violent crimes = higher, Low income = higher, high income = low. |
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Term
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Definition
| A screening process. A short version of the prosecutor's P.O.V. of the case. To find out if the suspect is the correct person, and if a crime has been committed. |
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Term
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Definition
| 1. Retribution - punishment & justice, 2. Rehabilitation - fix and make good and productive person in society, 3. Restoration - Fix the victim, make the victim whole again, 4. Selective Incapacitation - incapacitate to deny access to victims, 5. General Deterrance - punish to make an example of what would happen if crime is committed. |
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Term
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Definition
| 1. After jail/prison, 2. set at state level control, 3. give up 4th amendment rights, 4. Finish up the rest of the sentence outside, 5. Still under supervision of parole officers. |
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Term
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Definition
| 1. In lieu of jail, 2. Controlled by the judge, 3. tailored to offense, 4. No requirements to have probation officer. |
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Term
| Evidence-relevant, Legally obtained |
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Definition
| If law is pertinent to proving what your are trying to prove. |
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Term
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Definition
| Result from the 4th amendment, aimed at punishing the police when rule of obtaining evidence are not followed. Trial can throw out illegally obtained evidence, rule enforced in court. |
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Term
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Definition
| Directly proves what you are trying to prove. Can't be anyone else. |
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Term
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Definition
| Requires an inferrence, anyone could have done it. |
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Term
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Definition
| Desired effect of well prepared evidence. |
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Term
| Beyond a Resaonable Doubt |
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Definition
| Proof needs to be this on all elements of the crime for criminal cases. |
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Term
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Definition
| Stuff relevant to what is trying to be proved and is legally obtained. Anything can be. |
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Term
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Definition
| A bargaining where a person pleads guilty and waives their right in order to get a great deal on the sentencing, type of charge, and amount of counts. |
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Term
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Definition
| Dismissal of case after probation and restitution is performed, in return of a guilty plea. If law is broken during probation, there is a direct conviction because already plead guilty. |
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Term
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Definition
| bargain of change in the charge. Modify the charge to a more desirable position, so to make that person plea guilty. |
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Term
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Definition
| The attorneys agree to a fair sentencing in order to avoid trial. |
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Term
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Definition
| if we offered the plea before trial and you go to trial and is found guilty, then all pleas are off the table. Harsher Punishment given by the jury. |
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Term
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Definition
| Bargain to dismiss counts in multiple counts, if agree to plead guilty on certain other more important counts. |
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Term
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Definition
| Applied in multiple criminals in one crime. Grant lower sentences or even immunity for testimony about others involved in the crime |
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Term
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Definition
| If one doesn't contest a forfeiture of assets, a smaller sentence is granted. |
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Term
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Definition
| Write a letter, a story to the judge explaining why you shouldn't be convicted. Decision of guilt and evidence will be judged by the evidence in the letter. |
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Term
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Definition
| Protection of the public from bad people. Focuses on the bad people. Don't care about criminal rights. |
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Term
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Definition
| The most important thing is the rights. Not the conviction of somebody. "Better 100 guilty are free, than 1 innocent sent to the gallows" |
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Term
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Definition
| A source of law where all law is created through a legislative body and defines what should or shouldn't do. |
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Term
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Definition
| Defines the relationship between people and the government who serve them. Settles disputes between states. |
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Term
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Definition
| Established in the appellate courts and decisions binding on future cases. |
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Term
| Adversarial System of Trial |
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Definition
| A prosecution vs. the defense. Both parties try their best to win the trial, and are obligated to try their hardest to get the win. The goal of a trial is to get a verdict. |
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