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Criminal Procedure Overview

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Juror Selection

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The process of selecting a jury from a pool of candidates, which involves questioning and screening for biases or conflicts of interest.

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Juvenile Adjudication

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The process in the juvenile justice system where a decision is made regarding whether a young person has committed a delinquent act.

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Entrapment Defense

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A defense that argues the defendant was induced by law enforcement to commit a crime they would not have otherwise committed.

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Prosecutorial Misconduct

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Improper or illegal acts by a prosecutor, such as withholding evidence, that can potentially impact the fairness of a criminal trial.

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Insanity Defense

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A legal defense asserting that a defendant was unable to understand the nature of their actions or distinguish right from wrong due to a severe mental disease or defect.

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Alibi Defense

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A defense claim that the defendant was elsewhere when the crime was committed, and therefore could not have been the perpetrator.

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Mandatory Sentencing Laws

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Statutes requiring a judge to impose a predetermined punishment for certain crimes, limiting judicial discretion.

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Jury Deliberation

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The process by which the jury retreats to a private setting to discuss the evidence and reach a verdict on the guilt or innocence of the defendant.

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Civil Forfeiture

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A legal process where the government seizes assets from individuals suspected of involvement with crime without necessarily charging the owners with wrongdoing.

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Plea Bargains

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Negotiated agreements between the prosecution and the defendant in which the defendant pleads guilty to a lesser charge in exchange for a reduced sentence or dropping of other charges.

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Right to Counsel

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The constitutional guarantee that a defendant has a right to have the assistance of counsel and if they cannot afford an attorney, one will be provided.

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Booking Process

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Administrative procedure post-arrest, where personal information, photographs, and fingerprints are collected from the suspect.

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Pre-Trial Motions

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Legal requests made to the court before a trial begins to set parameters, such as motions to suppress evidence, or change of venue requests.

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Closing Arguments

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The final statements made by both the prosecution and defense in a trial, summarizing the evidence and making a last appeal to the jury.

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Verdict Announcement

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The formal decision stated by the jury or judge regarding the defendant’s guilt or innocence based on the evidence presented during the trial.

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Witness Examination

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The process where witnesses provide testimony under oath and are questioned by both the prosecution and defense attorneys.

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Search Warrant Issuance

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The process of obtaining a court order authorizing law enforcement to conduct a search of a specific location and seize evidence.

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Public Trial Guarantee

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The right of a criminal defendant to have their trial open to the public to prevent abuses of the judicial process and assure a fair trial.

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Bail Determination

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The process of setting an amount of money a defendant must pay to secure temporary release from custody before trial, ensuring their return for court appearances.

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Arraignment

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A court proceeding where the suspect officially hears the charges against them, enters a plea, and a trial date may be set.

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Trial

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The formal examination of evidence by a judge or jury in open court to determine the guilt or innocence of the defendant.

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Probation and Parole

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Court-ordered supervisory conditions for a defendant instead of incarceration (probation) or after release from prison (parole) to facilitate reintegration into society.

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Speedy Trial Right

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The constitutional right of a criminal defendant to have a prompt trial to avoid prolonged pre-trial detention and to minimize anxiety and concern of the accused.

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Arrest Procedures

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The process of detaining a suspect by law enforcement. Its purpose is to bring an alleged offender into custody for formal charges.

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Opening Statements

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The initial remarks made by both the prosecution and defense attorneys summarizing their positions and outlining the case they intend to present.

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Impartial Jury Right

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The constitutional right to be tried by a jury that is objective and not biased against the defendant.

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Victim Impact Statements

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Statements made by crime victims or their families during the sentencing phase of a trial to inform the court of the emotional and financial impact of the crime.

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Exclusionary Rule

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A legal principle that prohibits evidence collected or analyzed in violation of the defendant's constitutional rights from being used in a court of law.

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Sentencing

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The post-verdict phase where the judge determines the appropriate punishment for the convicted defendant based on statutory guidelines and discretion.

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Appeal Filing

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The process of formally requesting a higher court review the case for legal errors that could affect the verdict or sentence.

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Execution of Sentence

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The administrative action of carrying out the punishment prescribed by the court, such as imprisonment, probation or payment of a fine.

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Reading of Miranda Rights

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Legally required notification of rights to a suspect in custody before interrogation to ensure awareness of the right to remain silent and have an attorney.

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Sealing of Records

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The legal process of concealing certain criminal records from the public view, which may occur after a period of time or under specific conditions.

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Habeas Corpus Petitions

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Legal filings that challenge the lawfulness of the petitioner's detention or imprisonment and request relief from unlawful custody.

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Discovery Process

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The pre-trial phase where both the prosecution and defense exchange information and evidence that is relevant to the case.

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Restitution Orders

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Court orders for the convicted defendant to compensate the victim for financial losses caused by the criminal act.

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Community Service Sentencing

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A form of punishment where the offender is ordered to perform unpaid work for the community instead of serving time in prison.

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Self-Incrimination Protection

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A legal right guaranteed by the Fifth Amendment of the U.S. Constitution that allows a defendant to refuse to testify against themselves in a criminal case.

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Capital Punishment

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The legal authorization for the death penalty as a consequence for committing certain crimes, such as murder.

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Expungement of Convictions

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The legal process of removing a criminal conviction from public records, often after the defendant has demonstrated rehabilitation.

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Double Jeopardy

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A legal protection that prevents a defendant from being tried again on the same (or similar) charges following a legitimate acquittal or conviction.

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