Term
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Definition
substantive
procedural
the state brings suit or case |
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Term
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Definition
what conduct is criminal
punishments for crimes |
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Term
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Definition
| rules of practice in criminal justice system. implement substantive law |
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Term
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Definition
| humans make mistakes in process of interpretation of laws |
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Term
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Definition
law governing phases of human enterprise.
person who suffered harm brings case |
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Term
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Definition
laws of personal injuries and most related to criminal law. types:
intentional
negligent
strict liability |
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Term
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Definition
| injuries a person inflicts on another person where they knew or show have known that through there actions it would occur |
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Term
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Definition
| unreasonably safe actions causing injury to someone else |
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Term
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Definition
-particular action that has law against it
-like manufacturing company making a defective toy with lead in it
-or bartender serving underage when he didn't know she was underage.
-mens rea is not essential. |
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Term
| if victim doesn't press charges... |
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Definition
| state will still bring case for benefit of society in criminal court |
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Term
| if innocent in criminal court... |
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Definition
| can still seek damages in civil court because of differing standards of evidence |
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Term
| criminal law evidential standard of proof |
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Definition
| beyond a reasonable doubt |
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Term
| civil law evidential standard of proof |
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Definition
| preponderance of evidence |
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Term
| beyond a reasonable doubt |
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Definition
| moral certainty. conclusive/complete proof, w/o leaving any reasonable doubt as to the guilt of the defendant;allowing the defendant the benefit of any possibility of innocence |
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Term
| preponderance of evidence |
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Definition
| greater weight of evidence in terms of credibility;just enough evidence to make it more likely than not |
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Term
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Definition
| behaviors that are crimes because they are inherently evil and depraved |
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Term
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Definition
| behaviors that are crimes because they are prohibited by law |
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Term
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Definition
| too vague or over broad like status as drug addict can't be illegal |
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Term
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Definition
| retroactive enforcement or punishment |
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Term
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Definition
constitutional laws
common law practices
statutes written by legislature
court case decisions
administrative rules and regulations |
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Term
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Definition
| the physical element of the crime |
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Term
| can there be occasions where failure to act is a crime |
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Definition
| yes like parent not feeding child |
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Term
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Definition
| mental element of crime. intent. |
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Term
| largest portion of crimes are these type |
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Definition
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Term
| what is not protected status and reason |
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Definition
| age due to juvenile system |
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Term
| equal protection under law |
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Definition
| law cannot treat people in same situations or for the same conduct differently, on the basis of a protected status |
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Term
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Definition
substantial protects against unfair, biased, or discriminatory laws.
procedural ensures no deprivation of life, liberty, or property w/o proper process |
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Term
| what does right to grand jury insure |
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Definition
| prosecution has enough evidence to proceed with the case |
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Term
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Definition
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Term
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Definition
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Term
| what protects double jeopardy |
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Definition
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Term
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Definition
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Term
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Definition
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Term
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Definition
| no cruel unusual punishment |
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Term
| what amendment to use for/against death penalty |
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Definition
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Term
| when can a person commit an act that would ordinarily be a crime |
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Definition
| when there is a recognized defense for their act under the law |
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Term
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Definition
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Term
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Definition
ignorance or mistake
insanity:incapable of mens rea
intoxication
age |
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Term
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Definition
consent on the part of the victim
self defense
"stand your ground": not obliged to retreat if in your own home
entrapment:police originated criminal idea
duress:forced into committing the crime
necessity:could not have behaved in any other way |
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Term
| how do changes in society change law |
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Definition
| new technology like computers |
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Term
| components of state courts |
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Definition
state supreme court(last resort)
appellate courts (appeals to review cases for errors)
circuit courts (felony)
district courts (lowest;misdemeanors) |
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Term
| how many cases in state courts |
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Definition
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Term
| components of federal courts |
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Definition
us supreme court (highest)
us courts of appeals
us district courts |
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Term
| amount and components of judicial courts |
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Definition
| 13 each with own appeals court. with 40,000 appeals |
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Term
| who conducts arraignments, grand juries, and ball hearings |
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Definition
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Term
| federal court jurisdiction |
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Definition
violations of federal criminal law
civil suits between citizens of different states
suits between a citizen and an agency of the federal govt |
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Term
| amount of cases appealed and seen at highest level |
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Definition
5000 cases appealed
100 out of 300 get seen by 9 lifetime judges of supreme court |
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Term
| in bench trial, judge role... |
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Definition
| to decide the guilty or not guilty and punishment |
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Term
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Definition
resident of state
license to practice law
25 to 70 age |
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Term
| who has burden of proof in case |
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Definition
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Term
| reasons of dismissal of a criminal case |
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Definition
insufficient evidence
witness problems
in interest of justice
due process issues
drop one charge for plea of guilty on another
pretrial diversion like addiction program
referral for other prosecution for more serious punishment |
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Term
| when most trials are resolved |
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Definition
| at pretrial. after arrest and before trial |
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Term
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Definition
| prosecutor does not want to proceed after case has been made |
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Term
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Definition
| the formal written document identifying the criminal charge, the date and place where the crime occurred, and the circumstances of the arrest. sworn to and signed under oath by the complainant |
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Term
| what happens for felony crime after arrest before trial |
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Definition
| grand jury or preliminary hearing |
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Term
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Definition
prosecution justify having a trial whereby jury decides whether probable cause of crime exists.
only prosecutor and not defense is present. |
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Term
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Definition
| conducted before a judge and is open to the public unless the defendant requests otherwise. more favorable. defense and judge are there |
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Term
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Definition
the judge informs the defendant of the charges against him and appoints counsel if one has not yet been retained.
defendant enters plea.
then either ball is set or defendant is released on own rocognizance |
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Term
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Definition
no contest
same consequences as guilty plea except no civil court proof after criminal trial |
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Term
| is plea bargain constitutionally a right or legal term in court room |
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Definition
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Term
| how much % of criminal convictions are plea bargained |
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Definition
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Term
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Definition
reduction of initial charges
reduction of number of counts
recommendation of a lenient sentence
lessened negative label attached to charge
arrange appearance before lenient judge |
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Term
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Definition
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Term
| is the defense counsel required to tell all plea bargaining offers to client |
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Definition
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Term
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Definition
| prosecutors don't have to risk a not guilty plea. |
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Term
| problem with plea bargain |
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Definition
| coercive way to get guilty sentence. someone who is innocent could be tempted to plea guilty out of fear |
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Term
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Definition
| form of security for courts. helps person get ready for court |
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Term
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Definition
| if crime is punishable by death |
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Term
| what changes amount of bail |
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Definition
amount of income
prior record
type of crime |
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Term
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Definition
| the defendant pays the full bail amount |
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Term
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Definition
| defendant deposits a percentage of the bail amount |
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Term
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Definition
| defendant pays a percentage of the bond to a bonding agent, who posts the full bail |
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Term
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Definition
| defendant is released after promising to obey some specified conditions in lieu of cash |
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Term
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Definition
| defendant is released with no immediate requirement of payment |
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Term
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Definition
| eligible defendants are released w/o bail upon their promise to return for trial |
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Term
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Definition
| no constitutional right to have a bail so this allows for no money bail. |
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Term
| percent of people out on bail |
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Definition
5 percent of all murders out on bail
10% of all rapes out on bail
18% drug charges out on bail |
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Term
| are more people in jail or bail |
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Definition
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Term
| is it better to have someone guilty out on streets or innocent who is incarcerated |
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Definition
| the guilty out on streets |
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Term
| why have right to confront witness before trial |
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Definition
| restrict admissibility of hearsay evidence from third parties |
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Term
| when doesn't court guarantee self representation |
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Definition
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Term
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Definition
| if person has felony, indictment has to be filed within 30 days of arrest; 10 days til arraignment; trial in 60 days |
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Term
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Definition
right to counsel
right to be competent at trial
right to confront witness
right to jury trial
right to self representation
right to speedy trial
right to press coverage |
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Term
| state level televised coverage at who's discretion |
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Definition
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Term
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Definition
-voir dire
-prosecutor's opening statement to the jury
-defense attorney's opening statement to the jury
-prosecutor's presentation of evidence and direct examination
-defense attorney's cross examination
-defense attorney's presentation of evidence and direct examination
-prosecutor's cross examination
-defense attorney's closing statement to the jury
-prosecutor's closing statement to the jury
-judge's instructions to the jury
-jury deliberation and voting
-pronouncement of the verdict
-judicial sentencing |
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Term
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Definition
| the process in which a potential jury panel is questioned by the prosecution and defense |
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Term
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Definition
| dismiss person if have bias or stakes in case or impartial and no limits on challenges |
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Term
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Definition
| don't have to tell reason for dismissing jury member and has limit on how many members you can dismiss |
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Term
| 14th amendment equal protection clause |
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Definition
| no removal of jury member based on race or sex |
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Term
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Definition
| no convicted felons, medical doctors, attorneys, public officials |
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Term
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Definition
testimonial;witness tells about crime
real;physical evidence
documentary;government reports or documents
circumstantial:prove indirectly a crime happened but may not be enough to convict |
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Term
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Definition
| the initial questioning of one's own witness during a trial. witness says what prosecutor hopes will convict defender |
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Term
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Definition
| the questioning of a prosecution's witness by the defense or vice versa |
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Term
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Definition
| evidence presented by the prosecution to rebut or disprove defense evidence |
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Term
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Definition
| evidence presented by the defense to refute the prosecution's rebuttal evidence |
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Term
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Definition
| formal request of court to act |
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Term
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Definition
| request to examine the physical evidence, evidentiary documents, and lists of witnesses in the possession of the prosecutor |
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Term
| why motion for change of venue |
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Definition
| hard to find impartial jury |
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Term
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Definition
| request evidence be suppressed |
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Term
| motion for severance of charges |
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Definition
| request charges be separated in trial |
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Term
| motion for severance of defendants |
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Definition
| severe people who worked together on crime |
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Term
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Definition
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Term
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Definition
| defense try to get it thrown out because prosecution has failed to produce sufficient evidence |
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Term
| motion for a directed verdict |
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Definition
| a judge's order directing a jury to acquit because the state has not proven the elements of the crime |
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Term
| when double jeopardy active |
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Definition
| jury in place and judge hears defense during bench trial |
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Term
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Definition
| no unanimous decision. can bring case against defendant a second time |
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Term
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Definition
| jury believes law is unjust and won't convict |
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Term
| as applied jury nullification |
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Definition
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Term
| classic jury nullification |
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Definition
| law has to strict punishment |
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Term
| symbolic jury nullification |
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Definition
| find person not guilty to send political message |
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Term
| what cases do sentencing come immediately |
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Definition
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Term
| how many appeals are a right |
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Definition
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Term
| what makes effects felonies pre sentencing |
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Definition
| investigate background of person to make best punishment |
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Term
| primary sentence for misdemeanors |
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Definition
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