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Criminal Justice Test 3
Chapters 7-9 in Schmallager (Intro)
28
Other
Undergraduate 2
04/05/2009

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Cards

Term

Appellate Jurisdiction

Definition
courts that have the authority to review a decision made by a lower court.
Term
Trial de Novo
Definition
on appeal, when a trial court of general jurisdiction offers a new trial instead of the review of the lower court's decision.
Term

Bail

Definition
the main purpose is to help ensure the reappearance of the accused at trial.
Term

Alternatives to Bail

Definition
Release on Recognizance, Property Bond, Deposit Bail, Conditional Release, Third-Party Custody, Unsecured Bonds, Signature Bonds.
Term

First Appearance

Definition

1) given a formal notice of the charges against them,

2) to be advised of their rights,

3) to be given the opportunity to retain a lawyer or to have one appointed to represent them, and

4)perhaps to be afforded the opportunity for bail.

Term

Release on Recognizance (ROR)

Definition
The pretrial release of a criminal defendant on his or her own written promise to appear in court as required. No cash or property bond is required.
Term

No Contest

Definition
most similar to a guilty plea.
Term
Manhattan Bail Project
Definition
tested the effectivness of ROR alternative
Term
Prelim Hearing
Definition
to give the defendant an opportunity to challenge the legal basis for his or her detention; establish mental competence to stand trial.
Term
Professionals in the Court Room
Definition
Judge, Prosecuting Attorney, Defense Counsel, Bailiff, Local Court Administrators, Court Reporter, Clerk of Court, Expert Witnesses.
Term
Roles of Defense Attorney
Definition
attorney, negotiator, investigator, confidant, family and personal counsel, social worker, bill collector.
Term
Bailiff
Definition
keeps order and announces the judges entry into the courtroom.
Term
Outsiders in the Courtroom
Definition
lay witnesses, jurors, the victim, the defendant, spectators and the press.
Term
Motion for the Change of Venue
Definition
asks the court to move the trial to some other location to ensure the defendant receives a fair trial.
Term
Adversarial System
Definition
The two-sided structure under which American criminal trial courts operate that pits the prosecution against the defense.
Term
Real Evidence
Definition
Weapons, tire tracks, and fingerprints are what type of evidence.
Term
Trail Stages
Definition
1. Trial Initiation
2. Jury Selection
3. Opening Statements
4. the Presentation of Evidence
5. Closing Arguments
6. The judge’s charge to the jury
7. Jury deliberations
8. the Verdict
Term
Subpoena
Definition
A written order issued by a judicial officer or grand jury requiring an individual to appear in court and to give testimony or to bring material to be used as evidence.
Term
Circumstantial Evidence
Definition
Evidence that requires interpretation or that requires a judge or jury to reach a conclusion base on what the evidence indicates.
Term
Juries
Definition
12, with 1 or 2 alternatives.
Term
Sequestered Jury
Definition
A jury that is isolated from the public during the course of a trial and throughout the deliberation process.
Term
Perjury
Definition
The intentional making of a false statement as a part of the testimony by a sworn witness in a judicial proceeding on a matter relevant to the case at hand.
Term
Retribution
Definition
act of taking revenge on a criminal perpetrator.
Term
Restoration
Definition
A goal of criminal sentencing that attempts to make the victim “whole again."
Term
Indeterminate Sentencing
Definition
A model of criminal punishment that encourages rehabilitation through the use of general and relatively unspecific sentences (such as a term of imprisonment of from one to ten years).
Term
Proportionality
Definition
holds that the severity of sanctions should bear a direct relationship to the seriousness of the crime committed.
Term
Presentence Investigation
Definition
when a judge prior to sentencing requests information on the background of a convicted defendant.
Term
Aggravating Circumstances
Definition
opposite of mitigating circumstances.
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