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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