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33 Cards in this Set

  • Front
  • Back

What is the part of the Preamble that shows the U.S. will have laws that give a safe, orderly society?

Insure domestic tranquility

Criminal Law

Anything that deals with or defines the punishments for a criminal offense (ex: theft, murder)

Civil Law

Anything that deals with the relationships between private individuals and/or groups (ex: a landlord and tenant fighting over an insect problem)

Plaintiff

The alleged victim in the case

Defendant

The alleged wrongdoer in the case

Who is the plaintiff represented by?

Prosecutor

Who is the defendant represented by?

Defense attorney

Penal Code

A long list of criminal offenses and their respective punishments written down by a state

What do most criminal offenses come with?

Mandatory sentences

What do civil cases begin with?

When someone files a lawsuit

Plea Bargain

When the defendant says he/she is guilty, but receives a lesser punishment; saves time, effort, and money

Incarceration

Time in jail, prison, or a youth detention center

Probation

When a convicted person must behave in a certain way to get a suspended sentence (ex: get drug treatment, stay away from a certain place/person)

What is the difference between unsupervised and supervised probation?

Unsupervised probation is where no one is checking in on the convicted criminal, while supervised probation is where the convicted criminal must report to a probation officer who monitor him/her on a regular basis

What does a grand jury do?

Decides if there is enough evidence to move forward in a case

How can you get out of jury duty?

You can show you aren't qualified to serve, prove you have just cause for being dismissed, fail the process of voir dire, or be too young

Voir Dire

Attorneys from both sides ask you questions to see if you are biased one way or another

Sequestered

You are isolated from the rest of society to make sure you are not influenced by outside factors (ex: media coverage)

**** Make sure you look at the section on the costs of serving on a jury **** (Free question; answer: 21 :D)

21

Adversarial System

Basically an argument between 2 sides (plaintiff vs. defendant)

Issues of Fact

The decision should be overturned because certain facts may have been left out of the case (ex: new evidence)

Issues of Law

The decision should be overturned because trial procedures were not followed properly or the defendant's rights were violated in some way

What do appellate courts (courts of appeal) use instead of a jury?

They have a panel of judges that hear arguments/ make decisions

Majority Opinion

The written statement that presents the majority side's decision and how it was reached

Dissenting Opinion

The written statement of the judges who voted differently based on their different conclusions

Writ of Certiorari

The power of the higher courts to request lower court decision to be sent to them for review

Retribution

Punishing a person convicted of a crime

Deterrence

Meant to prevent future crimes

Rehabilitation

Transforming criminals into law abiding citizens

State Prison

For serving more than 1 year in prison

County Jail

For serving less than 1 year

3-Strike Laws

You are sentenced for a long time if convicted of 3 or more serious laws

What is the most serious form of retribution?

Death penalty (also capital punishment)