Chapter 20

Burden of proof

Burden of proof can define the duty placed upon a party to prove or disprove a disputed fact, or it can define which party bears this burden. In criminal cases, the burden of proof is placed on the prosecution, who must demonstrate that the defendant is guilty before a jury may convict him or her.

Change of venue

the removal of a trial out of one jurisdiction into another.

Miranda rule

the requirement set by the U. S. Supreme Court in Miranda v. Alabama (1966) that prior to the time of arrest and any interrogation of a person suspected of a crime, he/she must be told that he/she has: "the right to remain silent, the right to legal counsel, and the right to be told that anything he/she says can be used in court against" him/her. Further, if the accused person confesses to the authorities, the prosecution must prove to the judge that the defendant was informed of them and knowingly waived those rights, before the confession can be introduced in the defendant's criminal trial.

Presentment

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Procedural due process

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Speedy trial act 1974

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Substantive due process

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Wiretapping

A concealed listening or recording device connected to a communications circuit.

Grand jury

A jury of 12 to 23 persons convened in private session to evaluate accusations against persons charged with crime and to determine whether the evidence warrants a bill of indictment.

Bill of attainder

A special legislative enactment that imposes a death sentence without a judicial trial upon a particular person or class of persons suspected of committing serious offenses, such as Treason or a felony.

Bench trial

A trial conducted before a judge presiding without a jury.

Writ of habeas corpus

A writ (court order) that commands an individual or a government official who has restrained another to produce the prisoner at a designated time and place so that the court can determine the legality of custody and decide whether to order the prisoner's release.

Indictment

An indictment is found and presented by a Grand Jury legally convened and sworn. It originates with a prosecutor and is issued by the grand jury against an individual who is charged with a crime.

Capital punishment

Capital punishment, the death penalty, or execution is the killing of a person by judicial process as a punishment for an offense. Crimes that can result in a death penalty are known as capital crimes or capital offences.

Ex post facto laws

Ex post facto laws retroactively change the rules of evidence in a criminal case, retroactively alter the definition of a crime, retroactively increase the punishment for a criminal act, or punish conduct that was legal when committed. They are prohibited by Article I, Section 10, Clause 1, of the U.S. Constitution. An ex post facto law is considered a hallmark of tyranny because it deprives people of a sense of what behavior will or will not be punished and allows for random punishment at the whim of those in power.

Bail

In general, an individual accused of a crime must be held in the custody of the court until his or her guilt or innocence is determined. However, the court has the option of releasing the individual before that determination is made, and this option is called bail. Bail is set by the judge during the defendant's first appearance.

Preventive detention

Preventive detention is a special form of imprisonment. Most persons held in preventive detention are criminal defendants, but state and federal laws also authorize the preventive detention of persons who have not been accused of crimes, such as certain mentally ill persons.

The patriot act

Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001. The acronym was created by a 23 year old Congressional staffer, Chris Cylke,who was recognized for his contribution in William Safire's book The Right Word in the Right Place at the Right Time.

Probable cause

Reasonable grounds for belief that an accused person may be subject to arrest or the issuance of a warrant.

8th amendment

The Eighth Amendment (Amendment VIII) to the United States Constitution is the part of the United States Bill of Rights which prohibits the federal government from imposing excessive bail, excessive fines or cruel and unusual punishments. The U.S. Supreme Court has ruled that this amendment's Cruel and Unusual Punishment Clause applies to the states. The phrases employed originated in the English Bill of Rights of 1689.

5th amendment

The Fifth Amendment (Amendment V) to the United States Constitution, which is part of the Bill of Rights, protects against abuse of government authority in a legal procedure. Its guarantees stem from English common law which traces back to the Magna Carta in 1215. For instance, grand juries and the phrase "due process" both trace their origin to the Magna Carta.

Double jeopardy

The Fifth Amendment to the U.S. Constitution provides, "No person shall ... be subject for the same offence [sic] to be twice put in jeopardy of life or limb." This provision, known as the Double Jeopardy Clause, prohibits state and federal governments from prosecuting individuals for the same crime on more than one occasion, or imposing more than one punishment for a single offense.

9th amendment

The Ninth Amendment (Amendment IX) to the United States Constitution, which is part of the Bill of Rights, addresses rights of the people that are not specifically enumerated in the Constitution.

7th amendment

The Seventh Amendment (Amendment VII) to the United States Constitution, which is part of the Bill of Rights, codifies the right to a jury trial in certain civil trials. Unlike most of the Bill of Rights, the Supreme Court has not incorporated the amendment's requirements to the states under the Fourteenth Amendment.

6th amendment

The Sixth Amendment (Amendment VI) to the United States Constitution is the part of the United States Bill of Rights which sets forth rights related to criminal prosecutions. The Supreme Court has applied the protections of this amendment to the states through the Due Process Clause of the Fourteenth Amendment.

10th amendment

The Tenth Amendment (Amendment X) to the United States Constitution, which is part of the Bill of Rights, was ratified on December 15, 1791.[1] The Tenth Amendment explicitly states the Constitution's principle of federalism by providing that powers not granted to the federal government nor prohibited to the states by the Constitution of the United States are reserved to the states or the people.

13th amendment

The Thirteenth Amendment to the United States Constitution officially abolished and continues to prohibit slavery and involuntary servitude, except as punishment for a crime. It was passed by the Senate on April 8, 1864, passed by the House on January 31, 1865, and adopted on December 6, 1865.

Treason

The betrayal of one's own country by waging war against it or by consciously or purposely acting to aid its enemies.

Exclusionary rule

The exclusionary rule is designed to exclude evidence obtained in violation of a criminal defendant's Fourth Amendment rights. The Fourth Amendment protects against unreasonable searches and seizures by law enforcement personnel. If the search of a criminal suspect is unreasonable, the evidence obtained in the search will be excluded from trial.

Jury trial

a trial of a lawsuit or criminal prosecution in which the case is presented to a jury and the factual questions and the final judgment are determined by a jury.