Legal Procedures

CRIMINAL PROCEDURE 1ST QUIZ STUDY SHEET 1. Criminal Procedures – rules designed to balance important governmental functions maintaining law and order and protecting the rights of citizens. 2. The Adversarial System of Justice- judicial system where the prosecution is in competition with the defense to prove opposing facts in the belief that truth can be best realized through effective debate over the merits of opposing sides. 3. The Bill of Rights- guarantees basic individual liberties 4. Probable Cause- reason to believe someone has committed a specific crime based on evidence 5. Stare Decisis’ (precedents)- requires the judge to recognize earlier similar decisions before making the final ruling ( judge made laws are precedents) 6. Search Warrant- any police entry of an individual’s home always requires a warrant issued by a judge that authorizes law enforcement to conduct the search. 7. Jurisdiction- the geographical location and venue, structure of court system and courts placement in the judicial hierarchy. 8. Federalism- two governments have jurisdiction over its inhabitants 9. Venue- the place where people report for criminal proceedings. 10. Prosecutorial Discretion- is whether to bring charge, whether to investigate, whether to grant immunity and whether to plea bargain. 11. Trial court- original jurisdiction 12. Bench trial- trail by judge 13. Jury trial- responsible for making factual findings such as whether the defendant is guilty of a crime. 14. Criminal Information – the document signed and sworn to only by assistant district attorney or district attorney itemizing all the offences charged. 15. Court of last resort- U.S SUPREME COURT 16. Plea Bargain- a negotiation between the prosecutor and defendant for lessor time. 17. Summons – a court order demanding a defendant’s appearance in court. 18. Arrest Warrant- a document that authorizes law enforcement to take a person