| Term | Definition |
|---|
| due process | States that people accused or convicted of crimes must always be treated fairly and according to law- provides protection arbitrary deprivation of life, liberty, or property- 5th and 14th amendments. |
| substantive due process | Constitutional requirement that governments act reasonably and that the substance of the laws themselves be fair and reasonable; limits what a government may do. |
| procedural due process | Constitutional requirement that governments proceed by proper methods; limits how government may exercise power. |
| police power | the ability of a government to protect its citizens and maintain social order. |
| search warrant | a warrant authorizing law enforcement officials to search for objects or people involved in the commission of a crime and to produce them in court. |
| involuntary servitude | forced labor. |
| discrimination | unfair treatment of a person or group on the basis of prejudice |
| writs of assistance | Legal document that allowed British officials to search a ship's cargo without permission. |
| probable cause | the situation occurring when the police have reason to believe that a person should be arrested. In making the arrest, the police are allowed legally to search for and seize incriminating evidence. |
| exclusionary rule | a rule that provides that otherwise admissible evidence cannot be used in a criminal trial if it was the result of illegal police conduct. |
| writ of habeas corpus | a writ ordering a prisoner to be brought before a judge. |
| bill of attainder | law that declares a person, without a trial, to be guilty of a crime; congress forbidden to pass such law. |
| ex post facto law | Latin term meaning "after the fact"; the law makes criminal an act that was legal when it was committed, increases the penalty for a crime after it has been committed. |
| grand jury | A body of 16-23 citizens who listen to evidence of criminal allegations, which is presented by the prosecutors, and determine whether there is probable cause to believe an individual committed an offense. See also indictment and U.S. attorney. |
| indictment | a formal document written for a prosecuting attorney charging a person with some offense. |
| double jeopardy | Being tried more than once for the same crime, 5th amendment prohibits this action from happening. |
| bench trial | A trial without a jury, in which the judge serves as the fact-finder. |
| Miranda Rule | the rule that police (when interrogating you after an arrest) are obliged to warn you that anything you say may be used as evidence and to read you your constitutional rights. The right to a lawyer and the right to remain silent until advised by a lawyer. |
| bail | The release, prior to trial, of a person accused of a crime, under specified conditions designed to assure that person's appearance in court when required. Also can refer to the amount of bond money posted as a financial condition of pretrial release. |
| preventive detention | The jailing of a defendant awaiting trial, usually in order to protect and individual or the public. |
| capital punishment | putting a condemned person to death |
| treason | a betrayal of one's country |
Combine with other sets
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