FREE CJBAT Memory and Recall Test 2
Particularly, the hearing in front of a court with authority over a criminal matter in which the defendant's identity is established, the defendant is notified of the charge and his or her rights, and the defendant is required to enter a plea.
The arraignment is a crucial step in the criminal justice process as it formally initiates the legal proceedings against the defendant and ensures that they are informed of their rights and the charges they are facing.
Refers to a legal standard used in criminal law to determine whether there is enough evidence to justify a search, an arrest, or the filing of criminal charges against an individual.
In simpler terms, probable cause is a reasonable belief, based on facts and circumstances, that a crime has been committed and that a specific person is likely responsible for that crime.
A group of individuals chosen in accordance with the law and sworn to hear the case and decide if there is enough evidence to prosecute the defendant.
The grand jury reviews evidence presented by the prosecution and determines whether there is probable cause to believe that a crime has been committed and that the accused individual should be formally charged with the offense.
In a trial, the crown prosecutor:
Crown prosecutor, also known as the prosecution, is responsible for presenting the case against the defendant in a criminal trial. This includes presenting evidence, calling witnesses, and making arguments to demonstrate that the accused is guilty of the charges brought against them.
What is it known as when the crown prosecutor is required to prove every element of a case?
The onus of proof is a fundamental principle in criminal law that ensures the accused is presumed innocent until proven guilty and places the responsibility on the prosecution to demonstrate the defendant's culpability.
Examining in court the questions of fact and pertinent law in a case with the intention of finding the defendant guilty or innocent in a criminal case.
A trial is a formal legal proceeding during which evidence is presented, witnesses are called, and arguments are made by both the prosecution and the defense.
A perspective on criminal justice that prioritizes individual rights throughout the entire judicial system's processing.
The due process model is a framework within the criminal justice system that emphasizes the protection of individual rights and the fair treatment of defendants throughout all stages of the legal process.
Fairness and equity are states of being or having what?
Both fairness and equity are fundamental principles in various contexts, including law, education, social welfare, and more, to ensure that individuals are given their due rights and opportunities.
In a trial, the defense lawyer:
This includes presenting evidence, cross-examining witnesses, and making arguments to demonstrate that the accused is not guilty of the charges brought against them.
What does "Identity of the Accused" mean?
In legal terms, it means confirming that the person being accused and brought to court is indeed the same person who is believed to have carried out the unlawful act. This process is important to prevent cases of mistaken identity or wrongful accusations. The prosecution must provide evidence that convincingly links the accused person to the crime in question.
What is the meaning of Mens Rea?
"Mens rea" is a Latin term that refers to the mental element or state of mind associated with a criminal offense. It involves the intention, knowledge, recklessness, or negligence of the defendant in relation to the prohibited act (actus reus) that constitutes the crime.
Establishment of the time, date, and location.
The indictment serves as the foundation for the legal proceedings against the accused, outlining the charges they are facing and providing a basis for further action within the criminal justice system.
An official procedure used by law enforcement or correctional administration to document an entry into detention following an arrest and to identify the subject, the location, the time, the nature of the arrest, and the arresting authority.
Booking is the official process carried out by law enforcement or correctional administration when a person is taken into custody following an arrest. It involves documenting various details related to the arrest and the individual, including their personal information, the charges, the circumstances of the arrest, and other relevant data.
What does "Actus Reus" mean?
Actus reus encompasses various actions, omissions, behaviors, or circumstances that are outlined in the definition of a specific crime. It's the observable behavior or the external aspect of the criminal offense that needs to be proven for a conviction to occur.
What is the justice system?
The justice system refers to the institutions, procedures, and processes that are in place within a society for the application and enforcement of laws. It encompasses the legal framework, courts, law enforcement agencies, correctional facilities, and various components that work together to maintain law and order, ensure fairness, and administer justice in accordance with established laws and regulations.
A criminal justice perspective that places an emphasis on the prompt capture and conviction of criminals.
The crime-control model is a perspective within the criminal justice system that prioritizes the swift identification, capture, and conviction of criminals. This model emphasizes the importance of maintaining public safety by aggressively addressing crime and apprehending offenders.