Term
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Definition
| the prosecutor's primary interest is in doing justice, not simply winning cases |
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Term
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Definition
| prosecutors enjoy qualified immunity from lawsuits concerning advice given to police |
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Term
| "Office Conservator" (Prosecution) |
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Definition
| a new prosecutor who, upon taking office, is satisfied with the status quo and focuses on continuity of his predecessor's rules and standards |
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Term
| "Courthouse Insurgents" (Prosecution) |
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Definition
| a new prosecutor who, upon taking office, is dissatisfied with the status quo and is prepared to do battle to change it. Challenges the courthouse community and does not shy away from open conflict. |
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Term
| "Policy Reformers" (Prosecution) |
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Definition
| a new prosecutor who, upon taking office, is dissatisfied with the status quo but is cautious and often conciliatory in his approach |
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Term
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Definition
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Term
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Definition
| Indigent defendants in a capital case in state court have the right to court-appointed counsel |
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Term
| Gideon v. Wainwright (1963) |
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Definition
| Indigents in state court have the right to court appointed counsel |
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Term
| Douglas v. California (1963) |
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Definition
| Indigents have the right to court-appointed counsel during the first appeal |
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Term
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Definition
| Gave right to counsel to juveniles |
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Term
| Argersinger v. Hamlin (1972) |
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Definition
| Limited the right of nonfelony defendants to have court-appointed counsel |
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Term
| Strickland v. Washington (1984) |
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Definition
| Defense attorney is ineffective only if proceedings were unfair and the outcome would have been different |
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Term
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Definition
| the right of criminal defendants to represent themselves |
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Term
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Definition
| involve the appointment by the court of private attorneys from a list of available attorneys |
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Term
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Definition
| private attorneys bid to represent all criminal defendants found indigent in return for a fixed payment |
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Term
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Definition
| a salaried public official representing all indigent defendants |
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Term
| Federal judges have terms that last _________. |
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Definition
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Term
| One of the most frustrating aspects of being a judge is ______ and _________. |
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Definition
| the heavy caseload.... corresponding administrative problems |
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Term
| _________________ of the original U.S. states elected their judges. |
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Definition
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Term
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Definition
| the nominee's political party is listed on the ballot |
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Term
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Definition
| the nominee's party is not listed on the ballot |
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Term
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Definition
| the name given to a method of judicial selection combining merit selection and popular control in retention elections |
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Term
| judicial conduct commission |
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Definition
| made up of judges, lawyers and prominent laypersons investigates allegations of judicial misconduct |
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Term
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Definition
| Uniform Crime Report, published annually by the FBI |
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Term
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Definition
| 8 Offenses referred to as index crimes |
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Term
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Definition
| less serious, but more numerous, crimes ranging from theft to simple assault |
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Term
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Definition
| taking a person into custody for committing an offense |
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Term
| Initial Appearance ("Gernstein Hearing") |
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Definition
| when the suspect is brought before a judge and given the reasons for his?her arrest and an initial determination is made about whether or not there was probable cause for the arrest |
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Term
| County of Riverside v. McLaughlin (1991) |
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Definition
| an expectation that an initial appearance will occur within 48 hours of a warrantless arrest |
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Term
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Definition
| held a prompt judicial determination of probable cause is required when someone is arrested without an arrest warrant |
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Term
| A lawyer is appointed during the ___________. |
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Definition
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Term
| ________ defendants do not enter a plea during the initial appearance because ______. |
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Definition
| Felony...... it's a court of limited jurisdiction |
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Term
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Definition
| provides a brief description of the date and location of the offense. All the essential elements of the crime must be specified. |
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Term
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Definition
| Charging document, must be supported by oath or affirmation of either the victim or arresting officer |
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Term
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Definition
| charging document, virtually identical to a complaint, except it's signed by the prosecutor |
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Term
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Definition
| charging document, virtually identical to a complaint, except it's signed by the prosecutor |
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Term
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Definition
| charging document, issued by a judicial officer, usually a lower court judge |
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Term
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Definition
| a formal accusation of a criminal offense made against a person by a grand jury |
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Term
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Definition
| on behalf of you and other people similarly situated |
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Term
| A defendant must be provided with a prompt judicial determination of probable cause to reconcile competing interests such as: |
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Definition
| protecting the public and an individuals liberty (job, family) |
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Term
| If a probable cause determination is not made by the court within 48 hours then the burden in on the _________________ |
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Definition
| government to show a "bona fide emergency or other extraordinary circumstance" justifying the delay |
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Term
| The ____________ decides whether charges should be filed |
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Definition
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Term
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Definition
| a hearing where the magistrate determines whether probable cause exists to believe the felony was committed and the defendant committed it |
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Term
| if a judge finds probable cause during the preliminary hearing he ___________ the defendant for trial |
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Definition
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Term
| Right to a Speedy and Public Trial is defined in which amendment? |
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Definition
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Term
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Definition
| determined that a right to a speedy trial is relative, not absolute. Court ruled that Barker was not seriously prejudiced by more than a 5 year delay. |
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Term
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Definition
| A defendant does not have to have lawyer skills for self-representation |
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Term
| How does an individual become a federal judge? |
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Definition
| Federal Judges are appointed by the President |
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