1–10: Overall Understanding
What is criminal law?
Criminal law involves crimes against the state or society. It aims to punish and deter unlawful behavior.
What is the difference between criminal law and civil law?
Criminal law addresses crimes subject to fines, imprisonment, or both. Civil law is concerned with disputes between private parties, typically involving compensation.
Read Also:
- https://insightfullawhelp.com/20-criminal-law-scenarios-and-their-legal-interpretations/
- https://insightfullawhelp.com/25-frequently-asked-questions-about-criminal-trials-and-their-answers/
- https://insightfullawhelp.com/30-myths-about-criminal-law-and-the-truth-behind-them/
Who initiates criminal charges?
The government (state or federal) files charges. A prosecutor represents the government.
What are felonies and misdemeanors?
Felonies are serious crimes (e.g., murder, robbery) with harsher penalties, while misdemeanors are less severe (e.g., petty theft, disorderly conduct).
What is a criminal statute?
A law defining criminal conduct and specifying punishments.
What does “beyond a reasonable doubt” mean?
The standard of proof required to convict someone in a criminal trial, meaning there’s no reasonable doubt of guilt.
What is probable cause?
Reasonable grounds for making an arrest, conducting a search, or pressing charges.
What is a prosecutor?
He or she represents the government in criminal cases and proves the defendant is guilty.
What does a defense attorney do?
Protects the rights of the accused; fights the prosecution’s evidence; advocates for the best possible result.
What is a plea bargain?
An agreement with an accused who pleads guilty to a lesser charge as a form of reduced penalties.
11–20: Arrest and Rights
What occurs during an arrest?
The police arrest a suspect of a crime and charge the suspect, and sometimes read Miranda rights.
What are Miranda rights?
To remain silent and also have a lawyer when questioned by the police.
Do police need a warrant to arrest you?
No, they can arrest you without a warrant if they see you commit a crime or have probable cause.
Can you refuse to answer police questions?
Yes, you have the right to remain silent and to an attorney.
What is bail?
A sum of money or property paid to secure the defendant’s release from custody until trial.
What is an arraignment?
The defendant is advised of charges, enters a plea, and the court grants bail or detains the defendant.
What are types of pleas?
Guilty, not guilty, and no contest. That is, neither admitting nor denying guilt.
What is a public defender?
A court-appointed lawyer for indigent defendants who cannot afford private counsel.
What happens if you miss a court date?
A warrant for your arrest may be issued, and you could be charged with an additional crime, failure to appear.
Can you record the police during an interaction?
Yes, in most states, as long as you’re not interfering with their duties.
21–30: Evidence and Trials
What is evidence in a criminal case?
Evidence introduced at trial, which include documents, objects, and testimony from witnesses.
What is hearsay and can it be used in court?
Hearsay is information repeated from someone else. It is not allowed, with some exceptions.
What is a jury’s function?
To determine whether the defendant is guilty or not, as presented by the evidence
Can I defend myself in a criminal trial?
You can, but it is not advisable because criminal law is very complex.
What is the procedure for a criminal trial?
The prosecution and defense submit their evidence and arguments, then a verdict from the judge or jury.
What is a mistrial?
A trial that has been invalidated by errors, misconduct, or a hung jury.
Can a criminal case be retried after an acquittal?
No, by protection of double jeopardy.
What is cross-examination?
A witness is questioned by the opposing party to discredit the testimony of that witness.
What is an alibi?
Evidence proving the defendant was elsewhere at the time of the crime.
Can past convictions be used in court?
Sometimes to establish patterns or credibility, but generally not to prove guilt on the current charge.
31–40: Sentencing and Appeals
What is the purpose of sentencing?
To punish, deter, rehabilitate, and protect society.
What are common criminal penalties?
Fines, imprisonment, probation, community service, or restitution to victims.
What is probation?
A court-ordered period of supervision instead of jail time, with conditions the defendant must meet.
What is parole?
Conditional release from prison before completing a sentence, requiring compliance with specific terms.
What is a criminal record?
A record of a person’s criminal history, accessible by law enforcement and others in certain cases.
Can criminal records be expunged?
Yes, in some cases, expungement removes or seals records from public access.
What is an appeal?
A request for a higher court to review and possibly overturn a lower court’s decision.
What is a suspended sentence?
A sentence that is delayed or not enforced unless the defendant violates certain conditions.
What is a pardon?
An act of clemency that forgives a crime and removes penalties, typically granted by a governor or president.
What happens if you’re wrongfully convicted?
You can seek an appeal, post-conviction relief, or compensation for wrongful imprisonment.
