Vocab Terms
The initial court proceeding, in which the state formally charges the defendant with a crime.
arriagnment
An officer pulls over Sheila at a traffic stop. The officer smells marijuana and asks to search the car. Sheila says that is okay.
Consent
Legal standard for a request for information
An articulable reason
What does it mean to appeal a case?
to formally ask a higher court to review a lower court’s decision for legal errors
Money or other security provided by the defendant or by others on her behalf to assure that she will appear at the required stages of the trial process.
Bail
An officer responds to a call from a resident in an apartment complex stating that he heard yelling and what sounded like a gunshot come from his next-door neighbor. The police do not obtain a warrant before entering the neighbor's apartment.
Emergency
Legal standard for inquiry
Founded suspicion that criminality is afoot
What is one difference between a civil case and a criminal case?
In a criminal case, the state brings charges. In a civil case, an individual/group brings charges.
Criminal cases can result in jail or prison. Civil cases usually result in money damages
Criminal cases require proof beyond a reasonable doubt. Civil cases usually require proof by a preponderance of the evidence (more likely than not).
A serious crime for which the state can imprison a person for more than one year.
Felony
Helen steals clothing from walmart. As she is walking out the door, a police officer approaches her. She runs past him, through the parking lot, and to her home across the street. The police officer chases after her into the house.
hot pursuit
legal standard for forcible stop
reasonable suspicion
why might parties want to settle a case rather than going to trial?
To save money, time, or resources.
The outcome is more predictable.
When someone repeats criminal behavior after having already been punished for that behavior
Recidivism
Mike is pulled over for a traffic stop. While the officer is speaking with Mike through the car window, he sees an open alcohol container. The officer seizes the container.
Plain View
legal standard for frisk
Reasonable fear for safety
What are "damages" in a civil case?
Compensation, usually money, awarded to a party who was injured.
A theory of redressing crime where someone convicted of a crime is assisted in both understanding the harm that they have caused and finding ways to address or heal that harm.
Restorative Justice
List the six things that happen at an arraignment.
1.
2.
3.
4.
5.
6.
Chris is arrested for robbing a jewelry store. He is taken to the police station , where the officers seize his backpack with the jewelry inside.
Search incidet to lawful arrest.
legal standard for arrest
probable cause
what is an activity or thing that unreasonably and substantially interferes with a person's use or enjoyment of their property (Ex. smoking in an apartment complex)?
nuisance