#1
What is the presumption of innocence?
The defendant is presumed innocent until proven guilty
ExplanationInnocent until proven guilty is a fundamental legal principle where the accused is assumed innocent until evidence establishes guilt.
#2
What is the exclusionary rule?
A rule that excludes evidence obtained illegally from being used in court
ExplanationThe exclusionary rule prevents unlawfully obtained evidence from being presented in court, ensuring the legality of evidence.
#3
Which amendment of the United States Constitution protects against unreasonable searches and seizures?
Fourth Amendment
ExplanationThe Fourth Amendment safeguards against unjustified searches and seizures by requiring warrants based on probable cause.
#4
What is the difference between a felony and a misdemeanor?
Felony is more serious than a misdemeanor
ExplanationFelony offenses are more severe crimes than misdemeanors, carrying heavier penalties.
#5
What is the role of the grand jury in the criminal justice system?
To review evidence and decide whether there is enough to charge the defendant with a crime
ExplanationGrand juries assess evidence to determine if there's sufficient cause to bring criminal charges against an individual.
#6
What is the 'beyond a reasonable doubt' standard?
The standard of proof required in criminal cases
ExplanationThis standard demands evidence so compelling that there is no reasonable doubt about the defendant's guilt.
#7
What is the role of a defense attorney in a criminal trial?
To defend the defendant against the charges
ExplanationDefense attorneys advocate for the accused, ensuring their rights are protected and presenting counterarguments against charges.
#8
What is the purpose of bail in the criminal justice system?
To ensure that defendants appear for trial
ExplanationBail is set to secure a defendant's appearance in court, balancing the presumption of innocence with the need for trial attendance.
#9
What is the role of the prosecutor in a criminal trial?
To present evidence and argue for the defendant's guilt
ExplanationProsecutors build cases against defendants, presenting evidence to convince the jury of the accused's guilt.
#10
What is mens rea?
The guilty mind
ExplanationMens rea refers to the mental state or intent to commit a crime, an essential element in criminal liability.
#11
What is the concept of double jeopardy?
Being tried twice for the same crime
ExplanationDouble jeopardy prohibits trying an individual twice for the same offense, protecting against legal harassment.
#12
What is the difference between murder and manslaughter?
Murder involves premeditation, while manslaughter does not
ExplanationMurder requires intent and premeditation, while manslaughter involves causing death without these elements.
#13
What is the principle of legality in criminal law?
The principle that laws must be clear and understandable to the average person
ExplanationThe principle of legality asserts that laws should be clear, accessible, and not retroactively applied to ensure fairness.
#14
What is the difference between assault and battery?
Assault involves the threat of physical harm, while battery involves actual physical harm
ExplanationAssault is the threat of harm, while battery is the actual physical harm inflicted.
#15
What is the concept of self-defense in criminal law?
The defendant claims they acted to protect themselves from harm
ExplanationSelf-defense asserts that a person used force to protect themselves or others from imminent harm.
#16
What is the difference between probation and parole?
Probation is served instead of a prison sentence, while parole is served after a prison sentence
ExplanationProbation is a non-prison sentence, while parole allows early release from prison under supervision.