24381760
Description
Flashcards by Mish Madison, updated more than 1 year ago
|
|
Created by Mish Madison
almost 4 years ago
|
|
| Question | Answer |
| List the steps in the criminal justice and legal process: | 1. a crime is identified 2. the investigation 3. the arrest 4. the booking process 5. appearance or arraignment 6. preliminary hearing 7. indictment 8. the trial 9. sentencing (if guilty verdict) 10. appeals process 11. prison, jail term or suspended sentence (the appeals process runs concurrently with corrections) 12. probation and parole |
| probable cause | fair probability, given the facts and circumstances known; reasonable evidence that this person is involved in the crime. |
| suspect | a person who is suspected of having committed a crime |
| Four criteria for obtaining a valid and lawful search warrant, as established by the Fourth Amendment: | 1. A police officer, or other official seeking a warrant, 2. must establish probable cause to the satisfaction of a judge, 3. must make an “[o]ath or affirmation” as to the truth of the matters supporting probable cause, 4. and must “particularly describ[e] the [specific] place to be searched, and the persons or things to be seized.” |
| an arrest | When a person is stopped by the police and “deprived of liberty”—that is, prevented from leaving police custody. |
| Miranda Warning | A statement that’s recited to individuals who are taken into police custody that informs suspects of their right to remain silent and to have an attorney present during questioning. Also called Miranda Rights, "reading their rights" or used as the verb "Mirandized." Derived from ruling in 1966 U.S. Supreme Court case Miranda v. Arizona, 384 US 436 (1966). |
| probation | an alternative to a prison or jail term; the offender remains free in the community but under very strict and specific conditions and under the supervision of a probation officer. |
| parole | a form of community release that occurs only after an offender has served a period of incarceration; offender is released into the community to finish out his/her prison term under very strict and specific conditions and under the supervision of a parole officer. |
| interrogation | a formal and systematic method of in-depth questioning (formal questioning) at a police station after being arrested and Mirandized (custodial interrogation) and his/her answers are carefully recorded in writing, audio or video recording |
| definition of custody (as in an arrest) | when someone is arrested or, under other circumstances, where the suspect submits to the authority of a police officer either voluntarily or involuntarily |
| concurrent sentence | two or more prison sentences to be served at the same time |
| consecutive sentence | two or more prison sentences to be served one after another; the sentence for one offense must be completed before starting to serve the sentence for any other offense |
| When an appellate court remands a case | sends the case back to the trial court to fix an error; the case will be re-tried or re-heard by the trial judge based on and within the instructions given by the appellate court. |
| preliminary hearing | is best described as a "trial before the trial" at which the judge decides, not whether the defendant is guilty or not, but whether there is enough evidence to force the defendant to stand trial. (cited from criminal.findlaw.com) |
| grand jury | a standing group of citizens who hear evidence and decide whether the prosecution of a case should proceed. |
| indictment | a formal accusation of a felony |
| adjudication | process of settling a legal case or claim through the court or justice system. Also a legal ruling or judgement (noun). |
| direct examination | the questioning of a witness by the party who has called the witness in order to support the case that is being made, performed to elicit evidence in support of the questioner's case. (Also called "examination-in-chief.) |
| cross-examination | The interrogation of a witness called by one's opponent; the process during a trial whereby counsel questions opposing witnesses. |
| to object (during a trial) means: | to ask the court not to allow a particular question asked of a witness by the opposing lawyer |
| an objection is: | when opposing counsel asks the court (judge) not to allow a particular question or answer based on specific legal restrictions. |
| closing statements | statements by each counsel which summarize the case and their arguments in favor of their side |
| deliberation (as used in jury) | is when the jury will go to a closed room to discuss the case and vote in secret on its outcome |
| hung jury | when all 12 jurors cannot agree unanimously upon a verdict |
| verdict | a decision by a judge or jury after deliberation at the end of a trial |
| voir dire | the process of questioning potential jurors to ascertain their competence and suitability to serve on the jury |
| deliberate | to think about; engage in long and careful consideration |
| sentencing hearing | Hearing wherein witnesses for the defense and for the prosecution testify about the character of the defendant and describe the effects of the crime. The convicted person is allowed to speak if s/he wishes to, as is the victim or victim’s relatives. |
| discretion | freedom of choice |
| restitution | repayment by the guilty to the victim(s) of the crime for financial losses incurred |
| mandatory sentencing | a specific minimum sentence for a crime that is determined the state's legislature and must be applied to certain crimes without exception when the defendant is found guilty |
| presentence investigation | an investigation where information about the offender will be compiled and presented in a report to the judge prior to sentencing |
| Name some punishments for crimes | fines; suspended sentence; probation; imprisonment; orders to make restitution; death penalty (capital punishment) |
| a capital crime | a crime that is treated so seriously or that is so heinous and violent that death may be considered an appropriate punishment |
| an appeal (in law) | a request to a higher court (an appellate court) to review the decision of the lower court |
| Once the appeals process has been exhausted, the appellant may also make an appeal to the Governor of the State seeking a: | pardon, reprieve or commutation |
| a pardon | a complete official forgiveness for an offense |
| a reprieve | a temporary delay in carrying out the sentence |
| commutation | a reduction in the length of the sentence |
| Board of Executive Clemency | a group of several qualified professionals appointed by the Governor to review petitions and make recommendations |
| corrections (system) | a general category that includes: prison facilities; juvenile detention centers; treatment programs; house arrest; group home programs |
| Things taken into consideration when determining the type of facility to which an offender is sentenced are: | the severity of the crime; the needs of the prisoner; age and gender; violence or non-violence of the offender; treatment needs for medical conditions; mental and psychiatric disorders |
| jail | a county or city facility designed to hold people awaiting trial and offenders sentenced to a short term, usually one year or less |
| prison | a large facility designed to hold offenders convicted of more serious crimes or sentence to a lengthy term or who have a prior criminal record |
Want to create your own Flashcards for free with GoConqr? Learn more.