Criminal Procedure

Due Process: The legal requirement that the government must respect all legal rights that are owed to a person.

Fourth Amendment: The Fourth Amendment protects citizens against unreasonable searches and seizures by the government, and requires a warrant or probable cause for any search or seizure.

Fifth Amendment: The Fifth Amendment includes the right to remain silent and the right to due process of law, and prohibits self-incrimination and double jeopardy.

Sixth Amendment: The Sixth Amendment guarantees the right to a fair and speedy trial, a jury of one's peers, and the right to legal counsel.

Miranda Rights: The Miranda warning is a set of rights that must be read to criminal suspects.

Plea Bargaining: Negotiations between the prosecutor and defendant to reach a plea agreement to avoid trial.

Discovery: The process by which each side in a criminal case obtains evidence from the other side.

Grand Jury: A panel of citizens who decide whether there is enough evidence to charge someone with a crime.

Bail: The right to be released from custody pending trial.

Pretrial Motions: Legal requests made by the prosecution or defense to the court.

Trial: A legal proceeding in which the prosecution presents evidence to prove the defendant's guilt.

Sentencing: The process by which a judge determines the appropriate punishment for a convicted defendant.

Appeals: The right to have a higher court review the outcome of a trial.

Right to Counsel: The right to an attorney in criminal cases.

Criminal Responsibility: The mental state required for a person to be convicted of a crime.

Exclusionary Rule: Evidence obtained illegally by the government cannot be used against a defendant in court.

Double Jeopardy: The prohibition against being tried twice for the same crime.

Habeas Corpus: The right to challenge the legality of one's detention or imprisonment.

Pleas: Types of pleas a defendant can make.

Appeals process: The process after the trial in which an individual who was convicted can appeal their conviction.

Arrest: The process by which a person is taken into custody by the police, usually for suspicion of committing a crime.

Booking: The process by which a person is officially processed and charged with a crime. This includes taking fingerprints, recording personal information, and photographing the individual.

Arraignment: The court appearance where the accused is informed of the charges against them, and can enter a plea of guilty or not guilty.

Bail or Bond: The process by which the accused is released from custody while the case progresses, by paying a fee or agreeing to conditions of release.

Preliminary Hearing: The court appearance where the prosecution must demonstrate sufficient evidence to establish probable cause and bind the accused over to trial.

Discovery: The process by which both sides exchange evidence and information about the case.

Plea Bargaining: The process by which the accused and prosecution negotiate a plea agreement, typically for a reduced sentence or charges.

Trial: The formal presentation of evidence and arguments in front of a judge or jury to determine guilt or innocence.

Sentencing: The process by which the judge imposes a sentence on the convicted defendant.

Appeals: The process by which the defendant can challenge the outcome of the trial or sentencing in a higher court.