Crime
What is a Felony?
More serious then a misdemeanor; A conviction can result in extended prison time or death
In most cases, Police must obtain a _________ from a judge to carry out a legal search
Warrant
What is Bail?
Bail is money given over to a court in exchange for a criminal suspects release from Jail
What does Hung Jury mean?
A jury that is deadlocked and cannot agree on a verdict
Who is ultimately responsible for assigning sentencing?
The Judges
What is "Due Process"
Is a fair treatment through the normal Judicial System especially as a citizens entitlement.
What are the two types of evidence?
Direct and Circumstantial Evidence
What is Plea Bargin?
An agreement in which the defendant pleads guilty in exchange for a lighter sentence.
What are the two main rules to evidence?
It must be relevant and the evidence must be competent
What is Prohibition?
The defendant must report to a prohibition officer, who ensures that the defendant is following certain conditions set down by the judge.
What amendments involve due process?
The 5th and the 14th Amendment
What is the Search and Seizure Clause?
It means police officers must have a good reason to arrest a suspect or to seize a suspects property. You must also have a strong legal basis for carrying out a search of someones property or possessions.
What is the purpose of a Preliminary Hearing?
Determine whether there is enough evidence to take a case to trial
What is the most important right of a defendant?
"The right to legal Council"
What is the purpose of a presentencing report?
It provides details about the crime and the surrounding circumstances
What are the 2 types of due process?
Procedural and Substansive
What is the exclusionary rule?
Any evidence obtained illegally will not be used during trial
What circumstances prevents someone from being granted bail?
Depends on the crime; It could also be released due to "flight risk" which is someone that is a danger to society.
What is the name given to the jury selection process?
Voir Dire
What are the basic fundamental rights that protect prisoners under the constitution and both federal and state laws?
Cruel and unusual punishment, due process rights, and equal protection clause.
What are Due Process rights for Juveniles? How are they different?
Juvenile offenders were tried in special courts and housed in reform schools rather than prisons
In what situations can a search and seizure take place without a warrant being issued by the court?
Sobriety Checkpoints, Airport Searches, Student Searches and Consent searches
What is a grand Jury? How are they different from trial juries?
A grand jury weighs the evidence and determines whether a trial is warranted. They hear multiple cases, They are much larger in size and They do not listen to both sides. Trial Juries hear 1 case and are much smaller in size.
What are the four factors that the Courts have listed as factors
1. The length of the delay 2. The prosecutors reason for the delay 3. the defendants views on the delay 4. Any potential harm to the defendant caused by the delay
What does parole mean? How does the parole process vary from state to state?
In some states prisoners must apply for parole by submitting a request to the parole board. In others, the parole board automatically considers parole when criminals have served a certain amount of their sentence.