CRIM VOCAB

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ahine1
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236872
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CRIM VOCAB
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2013-09-24 19:54:36
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CRIM VOCAB
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CRIM VOCAB
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  1. Bill of rights
    the first ten amendments to the U.S. Constitution
  2. Case citation
    indicates where a case may be found in legal publications
  3. Double jeopardy
    being punished more than once for the same offense
  4. Dual court system
    the United States has two court systems: one for federal cases and another for state cases
  5. Dual sovereignty
    federal and state governments are both considered sovereign
  6. Judicial review
    the power of courts to declare law or acts unconstitutional
  7. Jurisdiction
    the power of a court to try a case
  8. Venue
    the place where a case is to be tried
  9. Original jurisdiction
    the case is brought to the court directly instead of on appeal
  10. Rule of four
    at least four justices must agree for the court to consider the case on its merits
  11. Rule of law
    no person is above the law; every person, from the most powerful public official down to the least powerful individual, is subject to the law and can be held accountable in court for his or her actions
  12. Stare decisis
    to abide by or adhere to, decided cases
  13. Judicial precedent
    decisions of courts have value as precedent for future cases similarly circumstanced
  14. Statutory law
    law passed by legislatures
  15. Case law
    law promulgated in cases decided by the courts
  16. Common law
    law generally derived from ancient usages or from judgments and decrees of courts recognizing, affirming, and enforcing them
  17. Incorporation controversy
    issue of whether the Bill of Rights protects the public only against violations of rights by federal officials or whether it also protects against violations of rights by state officials
  18. Selective incorporation
    only those rights considered fundamental should be applied to the states
  19. Total incorporation
    all the rights in the Bill of Rights should be held as applying to the States
  20. Total incorporation plus
    examines the facts of a specific case to determine whether there is an injustice so serious as to justify extending the provisions of the Bill of Rights to this particular case
  21. Case-by-case incorporation
    examines the facts of a specific case to determine whether there is an injustice so serious as to justify extending the provisions of the BOR to this particular case
  22. Criminal procedure
    the process followed by the police and the courts in the apprehension and punishment of criminals
  23. Complaint
    a charge made before a proper law enforcement or judicial officer alleging the commission of a criminal offense
  24. Arrest
    the taking of a person into custody for the purpose of criminal prosecution or interrogation
  25. Citation
    an order issued by a court or law enforcement officer requiring the person to appear in court at a specified date to answer certain charges
  26. Summons
    a writ directed to the sheriff or other officer requiring the officer to notify a person that he or she must appear in court on a day named and answer the complaint
  27. Bench warrant
    a process issued by the court for the attachment or arrest of a person
  28. Booking
    making an entry in the police blotter or arrest book indicating the suspects name, the time of arrest, and the offense involved
  29. Miranda warnings
    the warnings about the right against self-incrimination and the right to counsel that must be given to a person who is under custodial interrogation
  30. Bail
    the security required by the court and given by the accused to ensure the accuseds attendence in court at a specified time
  31. Release on recognizance (ROR)
    the release of a person without monetary bail
  32. Preliminary hearing
    a hearing held before a judge or magistrate within a reasonably short time after arrest
  33. Discovery
    the procedure used in a case to obtain information from the other party
  34. Nolle prosequi motion
    a motion seeking dismissal of charges
  35. Indictment
    a written accusation of a crime filed by the grand jury
  36. Information
    a criminal charge filed by the prosecutor without the intervention of a grand jury
  37. Grand jury
    a jury that usually determines whether a person should be charged with an offense
  38. Arraignment
    the apperance of an accused in court where he or she is informed of the charges and asked to plead
  39. Capias
    a warrant issued by the court for an officer to take a defendant into custody
  40. Plea
    an accuseds response in court to the indictment or information
  41. Nolo contendere plea
    a plea of no contest
  42. Alford plea
    a plea in which the defendant claims innocence yet pleads guilty for other reasons
  43. Plea bargain
    defendant agrees to plead guilty in exchange for a lower charge, a lower sentence, or other considerations
  44. Venire
    a group of prospective jurors assembled according to procedures established by law
  45. Voire dire
    a process in which prospective jurors are questioned to determine whether there are grounds for challenge
  46. Challenge for cause
    a challenge for the dismissal of a juror based on causes specified by law
  47. Peremptory challenge
    the dismissal of a prospective juror for reasons that need not be stated
  48. Rebuttal evidence
    evidence presented to destroy the credibility of witnesses or any evidence presented by the other side in a case
  49. Motion
    a request made orally or in writing, asking the judge for a legal ruling on a something related to the case
  50. Prima facie case
    a case that is strong enough to prevail if it is not contradicted by opposing party
  51. Motion for a directed verdict of acquittal
    a motion filed by the defense seeking acquittal of the accused before the prosecution failed to introduce sufficient evidence to convict the defendant
  52. Motion for mistrial
    a motion filed seeking for the trial to be declared invalid before it is completed alleging improper conduct
  53. Sequestration
    an order by the court keeping the jurors together during trial or deliberation and not allowing them to go home at night or weekends
  54. Verdict
    the pronouncement of defendants guilt or innocence. A third pronouncement relating to mental health can occur in some states
  55. Hung jury
    a jury that cannot agree to convict or acquit an accused
  56. Jury nullification
    when a jury decides a case contrary to the weight of the evidence presented during trial
  57. Bifurcated procedure
    a trial procedure where the guilt-innocence stage and the sentencing stage are separate
  58. Affirmation
    the decision of the lower court is upheld on appeal
  59. Reversal
    the decision of the lower court is overthrown on appeal
  60. Reverse-and-remand decision
    the lower courts decision is reversed but the lower court can hear further arguments and give another decision in the case
  61. Habeas corpus
    a writ directed to a person detaining another commanding that person to produce the body of a person who is imprisoned or detained in court and explain why detention should be continued
  62. Felony
    a crime usually punishable by death or imprisonment in prison for more than one year
  63. Misdemeanor
    a crime usually punishable with jail time or other nonprison penalties
  64. Probable cause
    more than bare suspicion; it exists when the facts and circumstances within the officers knowledge and of which they had reasonably trustworthy information are sufficient in themselves to warrant a man of reasonable caution in the belief that an offense has been or is being committed
  65. Man of reasonable caution
    refers to the average man or woman on the street. It does not refer to a person with training in the law
  66. Level of proof
    the degree of certainty required by the law for an act by government agents to be legal
  67. Reasonable suspicion
    Quantum of knowledge sufficient to induce an ordinarily prudent and cautious man under similar circumstances to believe criminal activity is at hand.

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