Amendments & Due Process Protections
This amendment protects against unreasonable searches and seizures and requires probable cause for warrants.
4th Amendment
This is a less serious crime that usually carries a fine and less than one year in jail
Misdemeanor
This is when police take a suspect into custody until they can be brought before the court.
Arrest
These short-term facilities are usually run by counties, house defendants awaiting trial, and hold those convicted of misdemeanors.
Jails
Who files or brings the case when a crime has occurred?
The government
This process focuses on making sure the right rules are followed and the correct steps are taken.
Procedural Due Process
This personal crime involves intentional physical contact or offensive touching without the victim's consent
Battery
This agreement usually involves the defendant pleading guilty to a lesser charge to avoid a potentially long, expensive trial.
Plea Bargain
Confinement in jail (short-term, county-run) or prison (long-term, state/federal).
Incarceration
Personal injury, lawsuits, divorce proceedings, child custody cases
This amendment protects against double jeopardy, self-incrimination, and requires due process, and mandates a grand jury for capital crimes.
5th Amendment
This property crime involves taking property from another person through force, intimidation, or threat of force.
Robbery
This formal charge is brought by a grand jury and is required for capital offenses
Indictment
Most severe sentence; reserved for the most heinous crimes; availability set by each state.
Capital Punishment
In criminal cases, which party can file an appeal?
The defendant
This amendment extends Bill of Rights protections to state and local governments and provides "equal protection under the laws."
14th Amendment
These are crimes that were begun but not completed, such as attempted robbery
Inchoate Crimes
This court proceeding is when the defendant hears the charges and enters a plea of guilty or not guilty.
Arraignment
Felonies are often punished by sentencing to a year or more in ____________.
Prison
In a criminal case, a defendant is found guilty or not guilty. In a civil case, the defendant is found _______ or not __________.
Liable
This process ensures the government cannot take away rights without a really good reason and protects fundamental rights like privacy
Substantive Due Process
Name four types of property crimes.
This standard of proof means the judge or jury must be 100% certain that the evidence supports a verdict of guilty.
Beyond a Reasonable Doubt
This is the most frequently used criminal sanction and is served in lieu of incarceration with strict conditions
Probation
This is the standard of proof in civil cases, meaning at least 51% likely or "more likely than not."
Preponderance of the evidence