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TERM
1. Capital
Crimes
DEFINITION
a felony punishable by death
2. Search
Warrant
a document issued by a judge that authorizes law enforcement officers
to search a person’s property or possessions
3. Exclusionary
Rule
the principle that illegally seized evidence cannot be used in a court of
law
4. Warrantless
Arrest
an arrest of a suspect without a warrant, often at the scene of the
crime
5. Miranda
Warnings
the list of rights that must be read to a criminal suspect at the time of
his or her arrest
6. Grand
Jury
a group of citizens who examine the evidence in a serious criminal case
to decide whether a person accused of a crime should be indicted, or
charged
7. Indictment
a formal accusation of criminal behavior handed down by a grand jury;
this means that the accused person will be brought to trial
TERM
DEFINITION
8. Arraignment
the stage in the criminal process when a person accused of a crime
is informed of the charges and allowed to enter a plea of “guilty” or
“not guilty”
9. Plea
Bargain
10. Acquittal
11. Hung
Jury
12. Sentencing
13. Parole
an agreement whereby a defendant pleads guilty in return for a
lesser charge or reduced sentence
a trial verdict of “not guilty”
a jury that is deadlocked and cannot agree on a verdict
the stage of a trial when the judge announces the punishment for a
crime
an early release from prison based on good behavior
14. Restitution
a repayment by an offender to a victim for losses, damages, or
injuries resulting from a crime
15. Incarceration
imprisonment in a jail, prison, or other correctional facility as
TYPE OF CRIME
MISDEMEANOR
FELONY
EXPLANATION
EXAMPLES
a minor crime,
typically
punishable by a
fine or no more
than one year in
prison
Petty theft (under
$500), Public
Intoxication, Simple
Assault without
intent of injury,
Trespassing,
a serious crime
that is usually
punishable by
more than one
year in prison
DUI/DWI, Burglary,
Treason,
Possession,
Counterfeiting,
Prostitution,
Murder, Assault
and Battery, etc.
CLASS
A
B
C
MAXIMUM
PENALTY
EXAMPLES
• DUI
• 1 year in
• Possession
jail
of Cannabis
• $2,500 fine
•
(10-30
grams)
Reckless
driving
• Possession
• 6 months
of Cannabis
in jail
(2.5-10
• $1,500 fine
grams)
•
Harrassment
• 30 days in • Assault
• Possession
jail
of Cannabis
• $1,500 fine
(Under 2.5
grams)
CLASS
X
1
2
3
4
MAXIMUM PENALTY
EXAMPLES
30 years in
jail
$25,000 fine
•
•
•
15 years in
jail
$25,000 fine
•
•
7 years in jail •
$25,000 fine
Arson
•
•
5 years in jail •
$25,000 fine
Aggravated
battery
•
•
3 years in jail •
$25,000
Aggravated
assault
Stalking
•
•
•
•
•
Aggravated
kidnapping
Possession
with intent to
distribute
Possession of
Heroin, LSD,
Cocaine
TYPE OF DUE PROCESS
DESCRIPTION
SUBSTANTIVE
the principle that the substance of
the laws enforced by the
government must not violate
constitutional rights and liberties
PROCEDURAL
the principle that the procedures
followed by the government in
enforcing the law must not violate
constitutional rights and liberties
SUPREME COURT OVERRULED THE EXECUTION OF JUVENILES IN 2005
JUVENILE OFFENDERS EXECUTED, BY STATE, 1976-2005, WHERE IT WAS LEGAL TO EXECUTE JUVENILES
STATE
Texas
Alabama
Mississippi
Arizona
Louisiana
North Carolina
South Carolina
Florida
Georgia
Pennsylvania
Virginia
Nevada
Missouri
Oklahoma
EXECUTED
13
0
0
0
0
0
1
1
1
0
3
0
1
2
TYPE OF EVIDENCE
DESCRIPTION
DIRECT
information about a
crime provided by a
witness who saw the
crime, or by a video or
audio recording of the
crime
CIRCUMSTANTIAL
information about a
crime that can be
inferred from other
facts
1.
You have the right to remain silent.
2.
Anything you say can be used against you in court.
3.
You have the right to an attorney and to have that attorney present while you
are being questioned.
4.
If you cannot afford an attorney, one will be appointed for you before
questioning begins.
1.
2.
3.
4.
The length of the delay
The prosecutor’s reasons for the delay
The defendant’s views on the delay
Potential harm to the defendant caused
by the delay
USSC CASE
Gideon
v.
Wainwright
Escobedo
v.
Illinois
DESCRIPTION
USSC required that defendants in
criminal cases have the opportunity to
receive legal counsel whether they can
afford it or not
Gideon Case: Clarence Gideon was
accused of burglary and forced to defend
himself in a Florida court. A few years he
was acquitted of all charges.
USSC required that defendants have
opportunity to receive legal counsel in
during police interrogations
Escobedo Case: Danny Escobedo was
accused of murder and was interrogated
for over 14 hours while being denied the
right to speak to his attorney
TYPE
INDETERMINATE
DETERMINATE
EXPLANATION
EXAMPLE
the practice of
assigning a
convicted criminal
a variable term in
prison
10-15 year
sentence with
parole (opportunity
for early release)
the practice of
assigning a
convicted criminal
a fixed term in
prison
Fixed date or
sentence ex.) Life
without parole,
death sentence,
etc.
SENTENCES
DESCRIPTION
Suspended
Sentence
Probation
The defendant does not have to serve time in prison
immediately, but may have to serve time later if he or
she is rearrested or violates a condition of parole.
Home
Confinement
Fine
Rather than a prison sentence, the defendant serves
time at home and can leave only for preapproved
reasons, such as work, appointments, or school.
Restitution
Work
Release
The defendant must report to a probation officer, who
ensures that the defendant is following certain
conditions set down by the judge.
The defendant may be required to pay a certain sum
of money to the government.
repayment by an offender to a victim for losses,
damages, or injuries resulting from a crime
The defendant is imprisoned but is allowed to work in
the community during workdays.
CRIME
VIOLENT
CRIMES
PUBLIC
ORDER
DRUG
RELATED
PROPERTY
CRIMES
PERCENTAGE
8%
35%
51%
6%
*Based on 2008 UN data