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23 Cards in this Set
- Front
- Back
Criminal Case
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-1 year - Death Penalty
-must have proof -verdict must be unanimous, if not it is a hung jury (free to go, or brought to another court) -have the right to an attorney, public defender |
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Civil Case
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-$/divorce
-probably guilty/innocent -verdict is majority -attorney isn't required -5th amendment doesn't apply |
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Arraignment
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-1st appearance to judge
-charges are announced -bail is set -plea |
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Grand Jury
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-Serve for 6 mo. or longer
-decide if criminal case is going to trial |
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Petite Jury
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-12 members
-listen to lawsuit and decide if guilty or innocent (jury duty) |
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Bail
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-money owed to be released from jail until hearing
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Change of Venue
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ask judge to move to another courthouse b/c of reasons helping themselves
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Cross Examination
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asking questions of the other side's witnesses
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Plea Bargain
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done by prosecutor, asking if the def. wants to plea guilty to receive a lesser charge
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Indictment
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formal accusation that someone has committed a crime
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Perjury
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knowingly lying while under oath
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Booking
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info of arrest plugged into police station, mugshots, fingerprints, etc.
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Miranda rights
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officer must say these rights to a person being arrested
-5th amend -right to an attorney -anything said can/will be used against you |
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Peremptory Challenges
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right for plantiff/def. to have a juror dismissed w/ out reason
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Pretrial Motions
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arguments that certain evidence/ people shouldn't be mentioned
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Appeal
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when a case is brought to a higher court for better judgement
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Initial Appearance
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1st appearance in front of a judge
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Exigent Circumstances
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warrant isn't required b/c of immediate circumstances
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Search incident to arrest
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search performed by law enforcement when they legally arrest a suspected criminal
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4th amendment
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protects against unreasonable search/seizure, except in immigration, license, borders, and sobriety.
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Exclusionary Rule
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prevents evidence brought illegally by police to be used in the court case
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Probable Cause
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police must have certain evidence against someone, not just suspicion to arrest them
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12 Steps in a Criminal Case
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1. Arrest
2. Booking 3. Initial Appearance 4. Grand Jury 5. Arraignment 6. Pretrial Motions 7. Selection of Jury 8. Opening Arguments 9. Presentation of Evidence 10. Closing Arguments 11. Jury Deliberations 12. Appeal |