Definitions Flashcards
(22 cards)
Jurisdiction
The power
Original Jurisdiction
The power to have trials
Appellate Jurisdiction
The power to review a lower courts procedures, decisions, actions to determine if an error has been made; but not the authority to retry the case
Bench Trial
The case is tried by the judge without a jury
Trial
A formal examination of evidence by a court and the determination of whether the complaining party has proven its case
Charging Documents
Government documents issued and signed by prescribed persons that officially bring criminal charges from the government upon a subject
Jury Trial
Both sides present their evidence to a jury
Misdemeanor
Offenses, other than traffic infractions, for which a sentence to a term of imprisonment of not more than 12 months
Felony
An offense for which a sentence to a term of imprisonment of at least one year in the custody of the department of corrections may be imposed
Physical Injury
Substantial physical pain or any impairment of physical condition
Intentionally
The conscious objective is to cause that result or to engage in that conduct.
Intends the results
Knowingly
Aware that his conduct is of that nature or that the circumstances exist.
Knows the circumstances
Wantonly
Aware of and consciously disregards of a substantial and unjustifiable risk.
Knows risk but does not care.
Recklessly
Fails to perceive a substantial and unjustifiable risk that the result will occur or that the circumstances exist.
Ignorant of risk
Inchoate Offense
Anticipatory, incipient, incomplete, and preliminary
Absolute Liability
If it occurs then it does not matter about mental state
Peace Officer
All sworn law enforcement officials in Kentucky
Physical Force
Force used upon or directed towards the body of another person and includes confinement
K.R.S.
Kentucky Revised Statutes
Created January 1, 1975
Probable Cause
Enough evidence to establish reasonable grounds for believing an offense has been committed and that the person committed the offense
Felony Preliminary Hearing
A probable cause hearing that the prosecution must present enough evidence to show there is probable cause to believe the defendant committed the felony charged
Cross Examination
When the prosecution or defense gets to question the others witness