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47 Cards in this Set

  • Front
  • Back
Bill of Atainder
Pass a law that punishes you without a trial. Prohibitted in the US by the Constitution.
Capital Punishment
Death Penalty
Change of Venue
Changes in location of trial.
Court Reporter
She/he is the person thatis in charge of typing out the trial.
Direct Examination
Talking with your witness
District Attorney
(DA) prosecutor
Double Jeopardy
A person will never be charged in America with the exat same crime twice.
Eminent Domain
This is when the government takes away private property, but must pay reperations which is granted in the fifth ammendment
Exclusionary Rule
Anything that was not aquired properly by the authorities will not be admited in court.
Extradition
When a person fleas because they were trying to escape capture, and then they are brought back for trial
Felony
This is when a person can be charged with a sentence of more than a year in prison.
Misdemeanor
This is when a person can be charged with one year or less in county prison.
Traffic Ticket
The real name for this is an infraction.
Fourth Waiver
This is when a person gives up certain rights in order to be free. This is when a person goes on parole.
Grand Jury
Look at evidence in order in order to decide whether there should be a case or not.
Habeas Corpus
This means that the authorities must produce a body. They must produce evidence in order to keep a person in custody. Other wise they must let the person go within 24 hours
Hung Jury
When it is not a 9-3 court in California. or in a criminal case it has to be a 12-0 or it is a no go.
Indictment
This is a formal acusation by a grand jury.
Miranda Rule
This is dirived from the court case Miranda v. Arizona. These are the rights that the police need to say to the person that they take into custody.
Plaintiff
this is the suer
Plea Bargin
This is a bargain made between the proseutor and the defendant. This is when sometimes the proseutor will offera lower sentence in order to make sure that the defendant to confess to the crime in question.
Pro Bono
This is when a Laywer of legal advisor will work for free.
Public Defender
This is the attorney that is appointed to you if you cannot afford your own.
Recidivism
This is when a person is charged with the same offense over and over again. This also covers crimes of our fathers.
Regulatory Taking
The value of your land decreases becuse of something that is built in your area. Like when an air port is built near your house and the value of your land goes down. When you sell your house for less the Government will pay the difference.
Sequesteration
This is when a jury is put up in a hotel while they are on a case in order to keep the impartial.
Tort Law
This is when there is an unspoken understanding that something will happen in exchange for money. Often times at a theme park when you buy a ticket you expect to stay safe. If you get injured you are able to sue under tort law.
Voire Dire (Jury Selection)
This is when the American people are put into a pot each year in order be picked for jury duty. They are then forced to show up and if theyare needed that day then they will serve. Some people don't have to serve because of prior commitments.
Warrent
Propable Cause/reason
Details of the place
Who/What
Approved by a judge
NO WARRENT SEARCH
Consent
Plain View
Emergency
Hot Pursuit
Ex Post Facto Law
A retroactive law this is when a law convicts people for breaking a law before it is made. This often used by dictators in order to repress their opposition.
Wire Tap
This is when a person listens in on conversations with a warrent the warrent does not need to be shown to the accused.
Mapp v. Ohio (1961) 1.
Evidence in plain view canbe used in court.

Exclusionary View
Gideon v. Wainwright (1963) 2.
Person needing an attorney will have one appointed to them.

Public Defender
Escobedo v. Illinois (1964) 3.
Exclusionary Rule, must have an attorney present while confessing or the confession may not be used in court.
Escobedo v. Illinois (1964) 3.
Exclusionary Rule, must have an attorney present while confessing or the confession may not be used in court.
Miranda v. Arizona (1966) 4.
Whatever you say can and will be used against you in the court of law. You have the right to an attorney if you can't afford an attorney one will be appointed to you
In re Gault (1967) 5.
Juviniles have the same rights under due process. Phone calls, Attorney, Opportunity to face their accusor.
Katz v. United States (1967) 6.
Wire taps are legal with a warrent.
Furman v. Georgia (1972) 7.
Death penalty is unconstitutional because there were more african americans that were being prosecuted then whites.
Richmond Newspapers v. Virginia (1980) 8.
This was the case that said that media cannot be excluded from criminal court cases.
New Jersy v. T.L.O. (1985) 9.
Students that are at school give up certain rights like thier searches and seizures. The are able only on school property to searh only on hearsea (reasonable suspicion)

School is Parent or Legal Guardian
Wilkins v. Missouri (1989) 10.
People that are convicted over the age of sixteen can and will be charged like an adult would be.
Greg v. Georgia 11.
This was the case that reinstated the death penalty. The states are now able to decide whether they will have the death penalty or not and how they will administer it.
Federal Judges
Federal Judges are appointed by the president and approved by the senate, and thier term is for life.
State Juges
They are often either voted into office or they are appointed by the governor of that state. They also have a limited term.
Judicial Federalism
This means that no state may have less that the federal requirements only more. Say that the longest a person may wait for it to be considered not a speedy trial is 100 days then the states can only say that it is less.