Glossary
Bill of Rights
The first ten amendments to the U.S. Constitution, which outline fundamental rights and liberties, including many protections for the accused.
Example:
The Bill of Rights ensures that citizens have freedoms like speech, religion, and protection against unreasonable searches.
Double Jeopardy
A constitutional protection, found in the Fifth Amendment, that prevents an individual from being tried twice for the same crime after an acquittal or conviction.
Example:
After being found not guilty of robbery, a person cannot be tried again for the same robbery due to the protection against Double Jeopardy.
Due Process Clause
A clause in the Fifth and Fourteenth Amendments that prevents the government from depriving individuals of life, liberty, or property without following fair procedures.
Example:
Before a state can revoke a driver's license, it must provide a hearing, demonstrating adherence to the Due Process Clause.
Exclusionary Rule
A legal principle that prohibits the use of illegally obtained evidence in a criminal trial, serving to deter police misconduct.
Example:
If police conduct a search without a warrant and find drugs, the Exclusionary Rule might prevent that evidence from being used against the suspect in court.
Exigent Circumstances
An exception to the warrant requirement that allows law enforcement to enter a property without a warrant if there is an immediate, pressing need to prevent harm, destruction of evidence, or escape.
Example:
Police can enter a burning building without a warrant under Exigent Circumstances to save lives or prevent further destruction.
Fifth Amendment
Guarantees several rights related to criminal and civil legal proceedings, including protection against self-incrimination, double jeopardy, and the right to due process.
Example:
During a trial, a defendant can invoke their Fifth Amendment right to remain silent, refusing to answer questions that might incriminate them.
Fourth Amendment
Protects individuals from unreasonable searches and seizures by the government and requires warrants to be issued based on probable cause.
Example:
Police generally need a Fourth Amendment warrant to search your home, unless there are specific exceptions like exigent circumstances.
Habeas corpus
A writ (court order) requiring a person under arrest to be brought before a judge or into court, especially to secure the person's release unless lawful grounds are shown for their detention.
Example:
A prisoner's attorney filed a writ of habeas corpus, challenging the legality of their client's detention.
Inevitable Discovery Rule
An exception to the exclusionary rule that allows illegally obtained evidence to be admitted in court if the prosecution can prove that the evidence would have been discovered lawfully anyway.
Example:
Even if police found a weapon illegally, if they can prove they were already on their way to legally search the area where it was found, the Inevitable Discovery Rule could apply.
Jury nullification
The power of a jury in a criminal case to acquit a defendant, even if they believe the defendant is guilty, because they disagree with the law or its application.
Example:
Despite clear evidence of guilt, a jury might engage in jury nullification if they believe the law itself is unjust or unfairly applied.
Miranda Rights
A set of rights that police must inform criminal suspects of before custodial interrogation, including the right to remain silent and the right to an attorney.
Example:
Before questioning a suspect in custody, officers must read them their Miranda Rights, ensuring they understand their constitutional protections.
Objective Good Faith Exception
An exception to the exclusionary rule where evidence obtained by officers acting in reasonable reliance on a search warrant issued by a detached and neutral magistrate, but ultimately found to be invalid, may still be admissible.
Example:
If police execute a search warrant they believe is valid, but it's later found to have a technical flaw, the Objective Good Faith Exception might allow the evidence to be used.
Pretrial detention
The practice of holding a defendant in custody before their criminal trial, typically because they are deemed a flight risk or a danger to the community.
Example:
After arrest, the judge ordered pretrial detention for the suspect, citing concerns that they might flee the jurisdiction.
Pro se representation
The act of representing oneself in court without the assistance of a lawyer.
Example:
Despite being advised against it, the defendant chose pro se representation and argued their own case before the jury.
Self-Incrimination
The act of exposing oneself to criminal prosecution, often by making statements that admit guilt or provide evidence of a crime.
Example:
A witness can refuse to answer a question in court if their answer would lead to self-incrimination.
Sixth Amendment
Guarantees rights to criminal defendants, including the right to a speedy and public trial, an impartial jury, the right to confront witnesses, and the right to an attorney.
Example:
If arrested, the Sixth Amendment ensures you have the right to consult with an attorney before police questioning.
Speedy Trial
A constitutional right, guaranteed by the Sixth Amendment, ensuring that a criminal defendant is tried within a reasonable time after being accused.
Example:
The right to a Speedy Trial prevents a defendant from being held indefinitely without their case moving forward.
Warrant
A legal document, issued by a judge or magistrate, that authorizes law enforcement to conduct a search, seizure, or arrest.
Example:
To search a suspect's computer, police typically need a warrant based on probable cause that evidence of a crime will be found.