Part II Vocabulary: Legal System & Violent Crimes

Chapter 1: Law & Science

Steps in pursuing justicePolice evaluate crime report

prosecutionIf probable cause warrantArrest booking Miranda rights

Arraignment:go before judge enter pleaGuilty judge sentencesNot Guilty judge determines if enough

evidence to go to court

Steps in pursuit of justice1.Arrest: may be first or may happen later 2.Booking: photo, fingerprint3.Arraignment: charges explained, enter

plea (guilty or not guilty: 72 hoursGuilty: hearing before judge for sentencingNot guilty: evidentiary hearing before judge

or before….4. Grand jury: decide if there is enough

evidence to go to trial. In murder trial always get grand jury

5. Court : trial goes to court

Expert witnessA specialist in their subject, called to testify

in court to present their expert opinion

EyewitnessA person who saw the crime happen

District Attorney/ ProsecutorRepresents the state in court, burden of

proof falls on them

Defense attorneyDefends the accused in court making sure

their rights aren’t violated

Public defenderIf you cannot afford an attorney, a public

defender is appointed to you

Grand JuryIf you commit a homicide in Massachusetts,

a grand jury decided whether there is enough evidence to go to trial

Infractionminor offense, penalty: fine Example: littering, jaywalking,

under1ounce of marijuana

MisdemeanorLess serious crimes, punishable by no more

than 1 year in jail Some examples: Public intoxication,

disorderly conduct, vandalism

Felonyserious crimes, 5 year to life in jail or death

penalty in most statesExamples: homicide, rape, kidnapping,

armed robbery

Assaultrequires no offensive touching but the

intentional frightening or threat of battery

Batteryrequires offensive touching

Robberytaking of another persons property by force

or threat

BurglaryBreaking and entering property by force or

threat

Statutory RapeSex between adult and minor

HomicideThe unlawful killing of a human being with

malice aforethought

1st degree murderMurder that is deliberate and premeditated

2nd degree murderIntentional killing that is not premeditated

or planned nor committed during the “heat of passion”

Killing caused by dangerous conduct and the offender's obvious lack of concern for human life

2nd degree murderFor example, Dan comes home to find his

wife in bed with Victor. At a stoplight the next day, Dan sees Victor riding in the passenger seat of a nearby car. Dan pulls out a gun and fires three shots into the car, missing Victor but killing the driver of the car.

Voluntary ManslaughterKilling that occurs in the “heat of passion”

Involuntary manslaughterKilling of another human being

unintentionally