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Part 3:Courts and Adjudication
N/A
71
Criminal Justice
Undergraduate 2
11/09/2011

Additional Criminal Justice Flashcards

 


 

Cards

Term
State Courts of LIMITED JURISDICTION
Definition
Courts that have jurisdiction over MISDEMEANORS and conduct preliminary investigations of felony charges.
Term
Courts of GENERAL JURISDICTION
Definition
STATE OR FEDERAL COURTS that have jurisdiction over FELONY OFFENSES AND MORE SERIOUS CIVIL CASES involving more than a dollar amount set by the legislature
Term
Appellate Court
Definition
A court that reconsiders a case that has already been tried in orer to determine whether the measures used complied with accepted rules of criminal procedure and were in accordance with constitutional doctrines.
Term
Court of LAST RESORT
Definition
A court that HANDLES THE FINAL APPEAL on a matter. The U.S Supreme Court is the official court of last resort for criminal matters
Term
Writ of Certiorari
Definition
An order of a superior court requesting that the record of an inferior (lower) court (or administrative body) be brought forward for review or inspection
Term
Landmark Decision
Definition
A decision handed down by the U.S Supreme Court that becomes the law of the land and serves as a precedent for resolving similar legal issues.
Term
Jury Trial
Definition
The process of deciding a case by a group of persons selected and sworn in to serve as jurors at a criminal trial, often as a 6 or 12 person jury.
Term
U.S magistrate Judge
Definition
A federal trial judge who is appointed by a district court judge and who presides over various civil cases with the consent of the parties and over certain misdemeanor cases
Term
Prosecutor
Definition
The people's attorney, who is responsible for representing the public in criminal matters.
Term
Public Defender
Definition
An attorney usually employed (at no cost to the accused) by the government to represent poor persons accused of crime.
Term
Adversarial Procedure
Definition
The process of publicly pitting the prosecution and the defense against one another in pursuit of the truth
Term
Sixth Amendment
Definition
The U.S constitutional amendment containing various criminal trial rights, such as the right to public trial, the right to trial by jury, and the right to confrontations of witnesses
Term
Indigent
Definition
Without the means to hire an attorney
Term
Gideon v. Wainwright
Definition
The 1963 U.S Supreme Court case that granted counsel to indigent defendants in felony prosecutions
Term
Assigned Counsel
Definition
A lawyer appointed by the court to represent a defendant in a criminal case because the person is too poor to hire counsel
Term
Contract system (attorney)
Definition
Providing couinsel to indigent offenders by having attorneys under contract to the county handle all (or some) such cases.
Term
Pretrial Procedures
Definition
Critical pretrial processes and decisions, including bail, arraignment, and plea negotiation
Term
Bail
Definition
The monetary amount for or cindition of pretrial release, normally set by a judge at the initial appearance. The purpose of bail is to ensure the return of the accused at subsequent proceedings
Term
Pretrial detention
Definition
Holding an offender in secure confinement before trial.
Term
(ROR) Release on Recognizance
Definition
A nonmonetary condition for the pretrial release of an accused individual; An alternative to monetary bail that is granted after the court determines that the accused has ties in the community, has no prior record of default, and is likely to appear at subsequent proceedings.
Term
Manhattan Bail Project
Definition
The innovative experiment in bail reform that introduced and successfully tested the concept of release on recognizance.
Term
Deposit Bail
Definition
The monetary amount set by a judge at a hearing as a condition of pretrial release; the percentage of the total bond required to be paid by the defendant.
Term
Bail Reform Act of 1984
Definition
Federal legislation that provides for both greater emphasis on release on recognizance for non-dangerous offenders and preventative detention for those who present a menace to the community
Term
Preventive detention
Definition
The practice of holding dangerous suspects before trial without bail
Term
Presentment
Definition
The report of a grand jury investigation, which usually includes a recommendation of indictment
Term
Indictment
Definition
The action by a grand jury when it finds that probable cause exists for prosecution of an accused suspect
Term
No Bill
Definition
The action by a grand jury when it votes not to indict an accused suspect.
Term
Information
Definition
A written accusation submitted to the court by a prosecutor, alleging that a particular individual committed the offense in question
Term
Preliminary Hearing
Definition
A hearing that occurs in lieu of a grand jury hearing, when the prosecutor charges via information. Three issues are decided: whether a crime was committed, whether the court has jurisdiction over the case, and whether there is sufficient probable cause to believe the defendant committed the alleged crime.
Term
Plea bargaining
Definition
No judicial settlement of a case in which the defendant exchanges a guilty plea for some consideration, such as a reduced sentence.
Term
Diversion
Definition
A noncriminal alternative to trial, usually featuring counseling, job training, and educational opportunities.
Term
Bench Trial
Definition
The trial of a criminal matter by a judge only. The accused waives any constitutional right to trial by jury
Term
Verdict
Definition
A finding of a jury or a judge on questions of fact at a trial
Term
Adjudication
Definition
The determination of guilt or innocence; a judgement concerning criminal charges. The majority of offenders charged plead guilty; of the remainder, some cases are adjudicated by a judge and a jury. Some are adjudicated by a judge without a jury, and others are dismissed
Term
Confrontation Clause
Definition
A part of the Six amendment that establishes the right of a criminal defendant to see and cross-examine all the witnesses against him or her
Term
Hearsay evidence
Definition
Testimony that is not firsthand but, rather, relates information told by a second party
Term
Compulsory Process
Definition
Compelling the production of witnesses via a subpoena.
Term
Pro Se
Definition
Literally "for oneself" ; presenting one's own defense in a criminal trial; self-representation
Term
First Amendment
Definition
The amendment to the U.S Constitution that guarantees freedom of speech, religion, press, and assembly, and the right of the people to petition the government for redress of grievances.
Term
Proof beyond a reasonable doubt
Definition
The standard of proof needed to convict in a criminal case. The evidence offered in court does not have to amount to absolute certainty, but it should leave no reasonable doubt that the defendant committed the alleged crime
Term
Preponderance of the evidence
Definition
The level of proof in civil cases; more than half the evidence supports the allegations or one side.
Term
Venire
Definition
The group called for jury juty from which jury panels are selected
Term
Voir Dire
Definition
The process in which a potential jury panel is questioned by the prosecution and the defense in order to select jurors who are unbiased and objective
Term
Challenge for cause
Definition
A request that a prospective juror be removed because he or she is biased or has prior knowledge about a case, or for other reasons that demonstrate the individual's inability to render a fair and impartial judgment in a particular case
Term
Peremptory Challenge
Definition
The dismissal of a potential juror by either the prosecution or the defense of unexplained, discretionary reasons
Term
Direct Examination
Definition
The questioning of one's own (prosecution or defense) witness during a trial
Term
Cross-examination
Definition
The process in which the defense and the prosecution interrogate witnesses for the other side during a trial.
Term
Directed verdict
Definition
The right of a judge to direct a jury to acquit a defendant because the state has not proved the elements of the crime or otherwise has not established guilt according to law.
Term
Jury Nullification
Definition
A defense tactic that consist of suggesting that the jury acquit a defendant, despite evidence that he actually violated the law, by maintaining that the law was unjust or not applicable to the case
Term
Appeal
Definition
A request for an appellate court to examine a lower court's decision in order to determine whether proper procedures were followed.
Term
Writ of habeas corpus
Definition
The primary means by which state prisoners have their convictions or sentences reviewed in the federal court; it seeks to determine the validity of a detention by asking the court to release the person or give legal reasons for the incarceration.
Term
Penitentiary
Definition
A state or federal correctional institution for the incarceration of felony offenders for terms of one year or more.
Term
General Deterrence
Definition
A crime control policy that depends on the fear of criminal penalties. General deterrence measures, such as long prison sentences for violent crimes, are aimed at convincing the potential law violator that the pains associated with paying for the crime outweigh the benefits.
Term
Specific Deterrence
Definition
A crime control policy suggesting that punishment should be severe enough to convince convicted offenders never to repeat their criminal activity
Term
Incapacitation
Definition
The policy of keeping dangerous criminals in confinement to eliminate the risk of their repeating their offense in society.
Term
Blameworthy
Definition
Culpable or guilty of participating in a particular criminal offense.
Term
Just Desert
Definition
The philosophy of Justice Asserting that those who violate the rights of others deserve to be punished. The severity of punishment should be commensurate with the seriousness of the crime.
Term
Rehabilitation
Definition
The strategy of applying proper treatment so an offender will present no further threat to society
Term
Equity
Definition
The action or practice of awarding each person what is due him or her; sanctions based on equity seek to compensate individual victims and society in general for their losses due to crime
Term
Indeterminate Sentence
Definition
A term of incarceration with a stated minimum and maximum length, such as a sentence to prison for a period of from 3 to 10 years. The prisoner would be eligible for parole after the minimum sentence has been served. Based on the belief that sentences should fit the criminal
Term
Determinant Sentence
Definition
A fixed term of incarceration, such as 3 years' imprisonment. Many people consider determinate sentences too restrictive for rehabilitative purposes; the advantage is that offenders know how much time they have to serve--that is when they are released
Term
Sentencing guidelines
Definition
A set of standards that define parameters for trial judges to follow in their sentencing decisions.
Term
Mandatory Sentence
Definition
A statutory requirement that a certain penalty shall be set and carried out in all cases upon conviction for a specified offense or series of offenses.
Term
Concurrent Sentences
Definition
Prison sentences for two or more criminal acts, served simultaneously and run together
Term
Consecutive Sentences
Definition
Prison sentences for two or more criminal acts, served one after the other
Term
Chivarly Hypothesis
Definition
The view that the low rates of female crime and delinquency are a reflection of the leniency with which police and judges treat female offenders
Term
Victim Impact Statement
Definition
A postconviction statement by the victim of crime that may be used to guide sentencing decisions
Term
Brutalization Effect
Definition
An outcome of capital punishment that enhances, rather than deters, the level of violence in society. The death penalty reinforces the view that violence is an appropriate response to provocation.
Term
Just Desert
Definition
The philosophy of Justice asserting that those who violate the rights of others deserve to be punished. The severity of punishment should be commensurate with the seriousness of the crime.
Term
Types of Evidence
Definition
1. Testimonial Evidence = Given by the police officers, citizens, and experts, this is the most basic form of evidence. The witness must state under oath what he or she heard, saw, or experienced.

2. Real Evidence = Exhibits that can be taken into the jury room for review by the jury constitute real evidence.

3. Documentary Evidence = This type of evidence includes writings, government reports, public records, business or hospital records, fingerprint identification, and DNA profiling.

4. Circumstantial evidence = AKA Indirect evidence. Often inferred or indirectly used to prove a fact in question.
Term
Stages of the Jury Trial
Definition
Stage 1: Jury Selection
Stage 2: Opening Statements
Stage 3: Presentation of Evidence
Stage 4: Closing Arguments
Stage 5: Jury Deliberations
Stage 6: Sentencing
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