Chapter 20vocabulary

Constitutional guarantee, set out in the 5 th and 14 th amendments to the National Constitution and in every State’s Constitution, that government will not deprive any person of life, liberty, or property by any unfair, arbitrary, or unreasonable action, and that government must act in accord with established rules.

Power of the State to act to protect and promote the public health, safety, morals, and welfare.

Court order authorizing a search of a suspect’s property or person.

Reasonable ground, a good basis for the belief that something is true—e.g., that a crime has been committed.

Evidence gained by illegal or unreasonable means cannot be used at the court trial of the person from whom it was seized; based upon Supreme Court interpretation of the 4 th and 14 th amendments.

Court order that a prisoner be brought before the court and that the detaining officer show cause why the prisoner should not be released; designed to prevent illegal arrests and unlawful imprisonments.

Legislative act that inflicts punishment upon a person or group without a trial.

Criminal law applied retroactively to the disadvantage of the accused; prohibited by the Constitution.

Body of 12 to 23 persons convened by a court to decide whether or not there is enough evidence to justify bringing a person to trial.

Accusation by a grand jury, a formal finding by that body that there is sufficient evidence against a named person to warrant his/her criminal trial.

Formal accusation of crime brought by a grand jury of its own motion.

Formal charge of crime brought against a named person b the prosecutor directly rather than by a grand jury.

Trial a second time for a crime of which the accused was acquitted in a first trial; prohibited by the 5 th and 14 th amendments.

A trial held without a jury; civil or criminal proceeding at which the judge decides questions of fact as well as questions of law.

A listing of the Constitutional rights that suspects must be advised of before police questioning: (1) they have the right to remain silent; (2) anything they say may and can be used against them in a court of law; (3) they have a right to an attorney before questioning begins; (4) an attorney will be appointed for them if they cannot afford one; (5) they may bring the questioning to the end at any time.

Money the accused may be required to post (deposit with the court) as a guarantee that he/she will appear in court at the proper time.