1. Chapter 16:
The Criminal
Justice System

2. Vocabulary TERM DEFINITION Capital Crimes a felony punishable by death
2. Search
Warrant
a document issued by a judge that authorizes law enforcement officers to search a person’s property or possessions
3. Exclusionary
Rule
the principle that illegally seized evidence cannot be used in a court of law
4. Warrantless
Arrest
an arrest of a suspect without a warrant, often at the scene of the crime
5. Miranda
Warnings
the list of rights that must be read to a criminal suspect at the time of his or her arrest
6. Grand
Jury
a group of citizens who examine the evidence in a serious criminal case to decide whether a person accused of a crime should be indicted, or charged
7. Indictment
a formal accusation of criminal behavior handed down by a grand jury; this means that the accused person will be brought to trial

3. Vocabulary TERM DEFINITION 8. Arraignment
the stage in the criminal process when a person accused of a crime is informed of the charges and allowed to enter a plea of “guilty” or “not guilty”
9. Plea
Bargain
an agreement whereby a defendant pleads guilty in return for a lesser charge or reduced sentence
10. Acquittal
a trial verdict of “not guilty”
11. Hung
Jury
a jury that is deadlocked and cannot agree on a verdict
12. Sentencing
the stage of a trial when the judge announces the punishment for a crime
13. Parole
an early release from prison based on good behavior
14. Restitution
a repayment by an offender to a victim for losses, damages, or injuries resulting from a crime
15. Incarceration
imprisonment in a jail, prison, or other correctional facility as punishment for a crime

4. Types of Crimes MISDEMEANOR FELONY TYPE OF CRIME EXPLANATION EXAMPLES
a minor crime, typically punishable by a fine or no more than one year in prison
Petty theft (under $500), Public Intoxication, Simple Assault without intent of injury, Trespassing,
FELONY
a serious crime that is usually punishable by more than one year in prison
DUI/DWI, Burglary, Treason, Possession, Counterfeiting, Prostitution, Murder, Assault and Battery, etc.

5. A B C X 1 2 3 4 MISDEMEANOR VS. FELONY 1 year in jail $2,500 fine
CLASS
MAXIMUM PENALTY
EXAMPLES A
1 year in jail
$2,500 fine
DUI
Possession of Cannabis (10-30 grams)
Reckless driving B
6 months in jail
$1,500 fine
Possession of Cannabis ( grams)
Harrassment C
30 days in jail
Assault
Possession of Cannabis (Under 2.5 grams)
CLASS
MAXIMUM PENALTY
EXAMPLES X
30 years in jail
$25,000 fine
Aggravated kidnapping
Possession with intent to distribute 1
15 years in jail
Possession of Heroin, LSD, Cocaine 2
7 years in jail
Arson 3
5 years in jail
Aggravated battery 4
3 years in jail
$25,000
Aggravated assault
Stalking

6. Due Process of the Law Due Process: Legal requirement to
recognize an individual’s legal rights
TYPE OF DUE PROCESS
DESCRIPTION
SUBSTANTIVE
the principle that the substance of the laws enforced by the government must not violate constitutional rights and liberties
PROCEDURAL
 the principle that the procedures followed by the government in enforcing the law must not violate constitutional rights and liberties

7. Can a Juvenile
Receive the
Death Penalty?

8. SUPREME COURT OVERRULED THE EXECUTION OF JUVENILES IN 2005
NOT ANYMORE
SUPREME COURT OVERRULED THE EXECUTION OF JUVENILES IN 2005
JUVENILE OFFENDERS EXECUTED, BY STATE, , WHERE IT WAS LEGAL TO EXECUTE JUVENILES
STATE
EXECUTED
Texas 13
Alabama
Mississippi
Arizona
Louisiana
North Carolina
South Carolina 1
Florida
Georgia
Pennsylvania
Virginia 3
Nevada
Missouri
Oklahoma 2

9. Stages of Criminal Justice
Crime
Investigation
Arrest
Pretrial
Trial
Sentencing & Appeals
Corrections

10. information about a crime that can be inferred from other facts
Evidence
TYPE OF EVIDENCE
DESCRIPTION
DIRECT
information about a crime provided by a witness who saw the crime, or by a video or audio recording of the crime
CIRCUMSTANTIAL
information about a crime that can be inferred from other facts

11. Warrantless Search and Seizures
Checkpoints
Airport Searches
Student Searches
Consent Searches

12. Searches Without Warrants
During a
Lawful Arrest
2. When Evidence
Is In Plain View
3. When in
Hot Pursuit
4. Automobile
Searches

13. Miranda Rights You have the right to remain silent.
Anything you say can be used against you in court.
You have the right to an attorney and to have that attorney present while you are being questioned.
If you cannot afford an attorney, one will be appointed for you before questioning begins.

14. What Is a “SPEEDY” Trial?
The length of the delay
The prosecutor’s reasons for the delay
The defendant’s views on the delay
Potential harm to the defendant caused by the delay

15. How many members
Are there on a Jury?
How does a jury
Come to a
Decision?

16. 12 Jurors
Unanimous=
12-0

17. 6th Amendment USSC Cases
DESCRIPTION
Gideon v.
Wainwright
USSC required that defendants in criminal cases have the opportunity to receive legal counsel whether they can afford it or not
Gideon Case: Clarence Gideon was accused of burglary and forced to defend himself in a Florida court. A few years he was acquitted of all charges.
Escobedo
Illinois
USSC required that defendants have opportunity to receive legal counsel in during police interrogations
Escobedo Case: Danny Escobedo was accused of murder and was interrogated for over 14 hours while being denied the right to speak to his attorney

18. the practice of assigning a convicted criminal a fixed term in prison
Sentencing
TYPE
EXPLANATION
EXAMPLE
INDETERMINATE
 the practice of assigning a convicted criminal a variable term in prison
10-15 year sentence with parole (opportunity for early release)
DETERMINATE
the practice of assigning a convicted criminal a fixed term in prison
Fixed date or sentence ex.) Life without parole, death sentence, etc.

19. Other Sentences Suspended Sentence Probation Home Confinement Fine
DESCRIPTION
Suspended
Sentence
The defendant does not have to serve time in prison immediately, but may have to serve time later if he or she is rearrested or violates a condition of parole.
Probation
The defendant must report to a probation officer, who ensures that the defendant is following certain conditions set down by the judge.
Home
Confinement
Rather than a prison sentence, the defendant serves time at home and can leave only for preapproved reasons, such as work, appointments, or school.
Fine
The defendant may be required to pay a certain sum of money to the government.
Restitution
repayment by an offender to a victim for losses, damages, or injuries resulting from a crime
Work
Release
The defendant is imprisoned but is allowed to work in the community during workdays.

20. US Prison Population The USA has the LARGEST
Prison population in the world!
***2.23 Million Prisoners***
***Since 1980, the prison***
***Population has grown 5x***

21. 8% 35% 51% 6% US Prison Population VIOLENT CRIMES PUBLIC ORDER DRUG
PERCENTAGE
VIOLENT
CRIMES 8%
PUBLIC
ORDER
35%
DRUG
RELATED
51%
PROPERTY 6%
*Based on 2008 UN data