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Chapter 5

Legal and Ethical Responsibilities

law a rule recognized as binding and enforced by a controlling authority
criminal law crimes against the state punishable by a fine and/or incarceration and/or death
Who is the state? US citizens
The state is represented by the district attorney (DA) AKA the state's prosecutor AKA prosecuting attorney
beyond a reasonable doubt proven in a thorough convincing way
In a criminal case the district attorney (DA) has to prove beyond a reasonable doubt.
burden of proof giving convincing legal proof
Who has the "burden of proving guilt" in a criminal trial? The district attorney (DA)
cited (citation) a reference to a law
forum a court
court a place for the administration of justice
district court has jurisdiction for a small geographic area (Brooksville courthouse)
jurisdiction authority
superior court has jurisdiction over a large geographic area and tries more serious crimes
evidence something that provides proof
preponderance of evidence more convincing evidence than your opponent (adversary)
trial a venue where evidence is examined and legal disputes are settled
venue a county or geographic area where a court may try a case
misdemeanor a crime less serious than a felony and punishable by imprisonment for less than 1 year and/or a fine
felony a crime more serious than a misdemeanor and punishable by imprisonment for more than one year or death
plaintiff one who brings court action against the defendant
defendant defends against the plaintiff's allegations (accusations)
deposition a written legal statement taken under oath AKA affidavit
indictment a written legal accusation by a grand jury
grand jury a group of licensed drivers who determine if there is sufficient evidence for a trial
direct examination the first interrogation of a witness in court
cross examination the second interrogation of a witness in court
motion a legal application for a court ruling
An example of this legal application is a motion to suppress evidence
testimony evidence given by a witness
witness a person testifying under oath to what they have seen or heard
subpoena (summons) a court ordered command to testify
forensics the investigation of crime scenes and the presentation of evidence at trial
credible believable
Examples of credible witnesses include: 1. Clergy. 2. Police 3. Strangers
perjury a false statement under oath
jury a group of licensed drivers selected to evaluate evidence and render a verdict
mitigating make less severe because of fairness or mercy
malice to commit an intentional (deliberate) crime
verdict a jury's decision AKA judgement or ajudication
acquittal (acquit) to be found not guilty (innocent)
An acquittal can be achieved if the defendant can show reasonable doubt
culpable guilty
If a unanimous decision cannot be reached by the jury, it is called a mistrial (hung jury)
sanction a penalty AKA sentence, punishment, or retribution
sequester isolation of a jury to ensure impartiality
fraud a deliberate deception intended to produce unlawful gain
capital punishment execution
deterrence (deterrent) punishment designed to prevent crime
Examples of deterrents include: 3 strikes, capital punishment, DUI penalties, 10-20-life
precedent a decision made by a judge that becomes law and applies to future cases
bench trial no jury, the judge decides the verdict (Judge Judy)
assault an attempt or threat to inflict bodily harm
battery illegal touching of another
theft stealing property
larceny stealing, usually to convert to cash
robbery personal property stealing with physical injury or threat of injury
Examples of robbery include: mugging, liquor store hold up, bank robbery
burglary breaking and entering to commit a crime
murder killing intentionally
first degree murder premeditated murder
manslaughter unpremeditated (accidental) killing
rape unlawful intercourse
statutory rape sexual relations with a minor
sodomy unnatural sexual acts
Sodomy includes oral sex, anal sex, and sex with animals
conspiracy secret planning with another to commit an illegal act
accomplice one who participates with another in a criminal act
self defense right to protecting oneself reasonably from acts of violence or threat of violence
The most reasonable (prudent) action is to call the police and/or escape if possible
civil law (lawsuit) crimes against a person(s) with damages awarded
damages monetary awards sought by plaintiffs in lawsuits
compensatory damages monetary compensation for an actual loss
punitive damages monetary compensation designed as a punishment for the offender
garnishment a court ordered payment of a portion of the employee's paycheck directly to their creditors until the debt is resolved
liability insurance insurance coverage for negligent acts or omissions
statute of limitations a time limit within which one person can sue another
The statute of limitations for filing a medical malpractice lawsuit is usually 2 years
Created by: magsterk9