Term
| Two systems of criminal courts. |
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Definition
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Term
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Definition
| petition to be heard here, Interpret COnstitution. Highest Court. |
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Term
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Definition
| Review trial court on matters of law. Oral arguments from both sides. |
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Definition
| judge and jury. Rule on evidence, motions, and instruct jury. |
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Term
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Definition
| try only misdemeanors and lesser offenses. |
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Term
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Definition
| commonly hear felony cases. |
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Term
| Rulings that trial judges have to make. |
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Definition
Should the evidence be admitted?
Should that objection be sustained?
What law applies to this case?
Is the law constitutional? |
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Term
| What do judges base their decisions on? |
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Definition
| Statutes, Constitutional Law, prior court cases. |
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Term
| How are federal judges chosen? |
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Definition
| By President, confirmed by the Senate, they serve for life. |
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Term
| How can federal judges be removed? |
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Definition
| The U.S. House of Representatives can vote to impeach and federal judge. Tried by the Senate. 2/3 votes needed. |
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Term
| How are most state judges chosen? |
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Definition
| Governor makes selections from a list prepared by a judicial commision, which searches for the msot qualified judicial candidates. |
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Term
| Requirments to become a lawyer |
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Definition
-Graduate from a four-year college
-Complete three years of law school
-Pass a bar exam in the state they want to pracitce in.
-Certify that they had no criminal record |
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Term
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Definition
| Government employees, that represent their case. |
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Term
| Duties of the prosecutors? |
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Definition
| Prove beyond a reasonable doubt. |
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Term
| What do defense attorneys do? |
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Definition
| Prepare and present defendants' cases at pretrial hearings, at trial, and on appeals. |
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Term
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Definition
| rural areas, judge appoints private counsel from a list. The lawyers are reimbursed by the government. |
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Term
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Definition
| Private firms under contract with the government providing legal services. |
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Term
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Definition
| Most widely used system, Work full-time for the governemtn, They defend indigent defendants. They often work under heavy case loads. |
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Term
| Criticisms against a public defender |
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Definition
-Heavy case load may cause them to dispose of cases quickly
-Working day-after-day with the same judges and prosecutors public defenders feel that they are on the same team and don't vigorously battle in court. |
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Term
| Positives on having a public defender |
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Definition
-More knowledge of law and experience
-They know the prosecutors and judges well and know which tactics work best
-Advocates for their clients. |
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Term
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Definition
| A court order to an official holding someone in custody. Orders the official to deliver the person to the court. |
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Term
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Definition
| A punishmenty by law that occurs before it becomes a law. |
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Term
| Protections of the 6th Amendment |
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Definition
| Speedy Trial, Public Trial, Judged by an impartial jury, notified of the nature and circmstances of the alleged crime, confront witnesses who will testify against the accused, find witnesses who will speak in favor of the accused, and right to an attorney. |
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Term
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Definition
| The temporary release of an accused person awaiting trial, sometimes on the condition that a sum of money be lodged i=to guarentee their return for trial. |
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Term
| Provisions of the 8th Amendment |
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Definition
Excessive Bail
Excessive Fines
Cruel and Unusual Punishments |
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Term
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Definition
| Fair porcedures accorded by English common law. Innocent until proven guilty. |
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Term
| What happens in adversarial process |
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Definition
| opposing attorneys introduce evidence to neutral fact finders- the judge or jury- they decide facts and come to a verdict. |
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Term
| 2 parts of the adversarial process and a goal for each |
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Definition
Prosecution-guilty are tried, convicted and punished. Prove claim beyond a reasonable doubt.
Defense-challegnes the prosecutions case by raising all reasonable doubts about the defendants guilt. Secures the rights and befits under the law and the constitution. |
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Term
| What can be achieved by pitting the two sides against each other? |
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Definition
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Term
| Problems with the adversarial process? |
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Definition
| -Lies told, memories fail, witnesses see the same evidence in different ways, reasonable people differ about what is true, biases and prejudices arise. |
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Term
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Definition
| -witnesses are sworn to tell the truth, udges and jurors can be removed for bias and prejudice, and representation by an attorney. |
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