KEY TERMS FOR CHAPTER 2
KEY TERMS FOR CHAPTER 2 007312
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This 3 page Study Guide was uploaded by Charlinda Hartfield on Wednesday September 23, 2015. The Study Guide belongs to 007312 at University of Southern Mississippi taught by Michael McPhail in Summer 2015. Since its upload, it has received 13 views. For similar materials see Criminal Law in Criminal Justice at University of Southern Mississippi.
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Date Created: 09/23/15
KEY TERMS CHAPTER 2 Aggravating circumstance Factor that heightens the severity of a crime Bail Money or property that must be deposited before a defendant may be released pending trial Bifurcated proceeding Refers to a legal proceeding delineated into two phases for example trials involving the death penalty consist of a guilt phase and a sentencing phase Checks and balances government system designed to prevent tyranny by any singular branch Civil forfeiture loss of property resulting from legal proceedings Compulsory process Sixth amendment constitutional right to secure presence of witnesses Criminal forfeiture Loss of property as a penalty for committing a crime Deathqualified jury voir dire has established the ability of a jury to consider the death penalty as a possible punishment Determinate sentence legislature proscribes specific terms of incarceration Deterrence Theory that suggests authorized punishments will prevent individuals from engaging illegal acts Doctrine of overbreadth Laws so general that they could criminalize both legal and illegal behavior typically raised in cases involving First Amendment protections such as freedom of assembly and freedom speech Double jeopardy The principle that a person cannot be tried twice for the same offense Dual sovereignty Multiple prosecutions by different governments with lawful authority Due process Fifth Amendment constitutional right requiring government to follow certain procedures when infringing on life liberty or property Eminent domain Fifth Amendment constitutional right requiring citizens be given just compensation when government seizes private property for personal use Equal protection clause Prohibits states from making arbitrary and unreasonable distinctions in terms of rights and freedoms Excessive bail Exceeds an amount that would assure the presence of a person in court Exclusionary rule Prohibits introduction of evidence seized in violation of the Fourth Amendment into criminal trials Executive branch Government entity vested with power to enforce law Federal Sentencing Guidelines Designed to reduce sentencing disparity in federal courts through reducing judicial discretion and providing an objective standard for sentencing Fine Fixed sum of money paid as a penalty for committing a crime Forfeiture Taking or seizing property that was used to commit or facilitate a crime General deterrence Goal of punishment whereby society is deterred from engaging in crime as a result of viewing punishment meted out on others Grand jury Body of citizens authorized to determine whether sufficient proof exists to move forward with criminal charges and trial Habitual offender statutes Imposed mandatory sentence upon conviction of third felony Incapacitation Removal of offenders from society to avoid future harm Incorporation Process wherein Bill of Rights provisions are applied to states Indeterminate sentence Legislature proscribes minimum and maximum incarceration period but trial judge correctional authorities or parole boards determine actual moment of release Information Formal charging document filed by the prosecutor with the court Intensive supervision probation Offenders remain in the community to serve sentence but under supervision and conditions more stringent than customary Judicial activism Occurs when a judge relies on personal ideology to guide decisions as opposed to the facts of the case and rule of law Judicial branch Government entity vested with the power to interpret law Legislative branch Government entity vested with power to make law Mitigating circumstance Factor that diminishes the severity of a crime No bill Grand jury verdict stipulating insufficient evidence to go to trial Parens patriae Latin for quotking is the father and refers to the ability of the state to serve as the ultimate parent or guardian of persons with certain limitations Predicate crime Previous offenses for which a defendant has been convicted Privilege against selfincrimination Fifth Amendment constitutional right prohibiting government from forcing a witness to testify against self Probable cause Good reason to believe that a particular person committed a crime also applied to otherjudicial matters such as search warrants Probation Offender remains in the community while serving sentence under supervision Procedural due process Fair process afforded to accused persons before permitting the deprivation of life liberty or property Proportionality of punishment Constitutional principle that punishment must be graduated and proportioned to the criminal offense Rehabilitation Punishment or sanctions designed to correct or reform Restitution Service or payment form an offender to a victim as compensation for wrongdoing Restorative justice Healing process whereby victims and offenders with the assistance or a trained mediator identify and address consequences of crime Retribution Referred to a quotjust desserts offenders deserve punishment for their wrongs Selective incorporation Process of applying individual constitutional rights to the states Sentencing disparity Markedly different sentences for similar offenses Sentencing Reform Act of 1984 Created the Federal Sentencing Commission and its Federal Sentencing Guidelines Separation of powers Distribution of authority among three branches of government legislative executive and judicial Sovereignty Political independence Specific deterrence Goal of punishment whereby offenders will be deterred or prevented from committing crime because of the severity of punishment Speedy trial Sixth Amendment constitutional right to a trial without unnecessary delay Substantive due process Freedoms and protections inherent in the pursuit of liberty True bill Grand jury verdict stipulating sufficient evidence to go to trial Void for vagueness Law so unclear that the average person is not able to determine what conduct is legal or illegal Voir Dire Questioning of prospective jurors to assess qualification to serve on a jury Wergild Required offenders at common law to pay compensation to the state and victim
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