Due Process in Criminal Justice

Right to Counsel

A defendant has a constitutional right to be represented by an attorney during a trial and the government will appoint one if a person cannot afford one

ex post facto law

A law that makes illegal an act that was legal when it was committed The Constitution prohibits these laws

Search Warrant

A legal document that gives the police permission to search a place for evidence

Exclusionary Rule

A legal rule that bars unlawfully obtained evidence from being used in court proceedings

Miranda Rule

A ruling that law enforcement officers must warn a person taken into custody that he or she has the right to remain silent and is entitled to legal counsel

Petit Jury

A trial jury, decide whether or not the defendant committed the crime as charged 6-12 people

Contempt of Court

Actions which defy a court's authority, cast disrespect on a court, or impede the ability of the court to perform its function

Step 10

Appeals and Writs

Step 3

Arraignment

Step 5

Arraignment in the Superior court

Step 9

Collateral Consequences

Writ of Habeas Corpus

Comments on an individual or government official who has restrained another to produce the prisoner at a designated time and place so court can determine legality of custody and decide whether to order the prisoner's release

Cruel and Unusual Punishment

Constitution guarantees his or her fundamental rights concerning conditions of confinement and treatment by corrections personnel; anything that is inhumane or violates basic human dignity

Due Process of Law

Fair treatment through the normal judicial system, especially as a citizen's entitlement

Step 2

Filing of the Complaint

Self-incrimination

Incrimination of oneself; the giving of testimony which will likely subject one to criminal prosecution

Probable Cause

Law; Evidence that gives someone a reason to think that a crime has or is being committed

Grand Jury

Law; a group of people who look at the evidence against someone who has been accused of a crime in order to decide if they should be on trial

Indictment

Law; an official written statement charging a person with a crime

Double Jeopardy

Law; the act of causing a person to be put on trial two times for the same crime (two judgements for one offense) People judged innocent should no longer be harassed by state for the same charge

Step 6

Pre-trial Conference

Step 4

Preliminary Hearing

Step 8

Sentencing

Step 1

The Arrest

Right to Confrontation

The Constitutional guarantee in the 6th amendment to the US Constitution which requires that an accused person have the right to be confronted with the witnesses against him Unknown person cannot present secret accusations against a citizen

Speedy and Public Trial

The Sixth Amendment guarantees all persons accused of criminal wrongdoing the right to a speedy trial

Right to Compel Witness to Testify

The court has the right to force uncooperative witnesses to testify

Capital Punishment

The legally authorized killing of someone as punishment for a crime

Bail

The temporary release of a prisoner in exchange for security given for the due appearance of the prisoner ex: cash or property bond to guarantee their appearance in court

Step 7

Trial