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| disagreement whose settlement is based on personal vengeance and physical violence |
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in medieval german and english law
defendant takes oath swearing they are telling the truth + then has people they know say they believe them |
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| accused was required to perform a test to prove guilt |
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first type of jury that determined ownership of land
currently, a type of investigation |
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| established judical procedure and the grand jury system |
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| court of the star chamber |
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Definition
old english court
comprised of king's councilors that was separate from common-law courts
dealt with offenses such as riots, perjury, criminal libel, conspiracy |
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| subject-matter jurisdiction |
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Definition
authority of a court to hear a case based on the nature of the case
seriousness of the offense |
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| authority of a court to hear a case based on where the case is located in the system |
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| hierarchical jurisdiction |
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Definition
authority of a court to hear a case based on where the case is located in the system
whether the case is being heard for the first time or is on appeal |
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| court that holds sessions at intervals with different areas of a judicial district |
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lowest level of the federal court system
created in 1968 to ease the caseload of the U.S. district courts |
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| List: three types of jurisdiction |
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Definition
1. subject matter jurisdiction
2. geographic jurisdiction
3. hierarchical jurisdiction |
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Term
| explain subject matter discretion + give an example |
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Definition
nature of cases determines which court will have jurisdiction
US court systems are divided into divisions such as criminal, civil law, family, and probate. These courts only hear cases that pertain to their jurisdiction.
for example: A person charged with a felony cannot be tried in a criminal court authorized to hear only misdemeanor cases. |
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| explain geographic jurisdiction and give an example |
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location of offense dictates which court can hear the case
for example, if a person commits a crime on a native american reservation, then the native american courts will hear it. |
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| explain hierarchical jurisdiction and give an example |
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Definition
There are two types of courts: appellate and trial courts
trial courts hear facts of the case, determine guilt, and impose a sentence.
appellate courts review cases which have already been reviewed by other courts and determine if case was handled within constraints of constitution.
for example, if somebody was arrested for larceny and sentenced....but the appellate court reviewed the case and found out that they were arrested without being read their miranda rights then the case can be overruled and the sentence can be dropped |
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| courts of general jurisdiction that try felony cases involving federal laws and civil cases involving amounts of money over $75,000 |
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intermediate courts that dispose of many appeals before they reach the supreme court
consists of 11 district courts
cases dealing with civil rights violations, sex discrimination, etc |
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"court of last resort"
highest court in the U.S.
hears only appeals
only has about 80 cases each year
cases must concern constitution or federal law |
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| order from a superior court calling up for review the record of a case from a lower court |
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| 4 out of the 9 supreme court justices must vote to hear a case |
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| a brief in which someone who is not a part of a case gives advice or testimony |
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| general courts and special courts funded and run by each state |
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inferior courts
receive their authority and resources from local county or municipal governmments |
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| term describing how cases have been settled by a given set of judges, prosecutors, and attorneys |
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| primary administrative officer of each court who manages nonjudicial functions |
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| court officer who records and transcribes an official verbatim record of the legal proceedings of the court |
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| an officer responsible for the mechanical necessities of the court, such as scheduling courtrooms, managing case flow, administering personnel, procuring furniture, and preparing budgets |
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| employee of a private, for-profit company that provides money for suspects to be released from jail |
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| officer appointed by the court to protect interests of the child and to act as a liason among the child, childs family, the court, and any other agency involved |
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| final determination of a case or other matter by a court or other judicial entity |
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| missouri bar plan (AKA merit selection) |
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Definition
judicial nominating commission presents a list of candidates to the governor, who decides on a candidate
after a year in office, voters decide on whether to retain the judge
judges must run for such re-election each term |
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Definition
compromise reached by the defendant, attorney, and prosecutor
defendant agrees to pleas guilty or no contest in return for a reduction of the charges' severity, dismissal of some charges |
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Definition
| written statement of the facts of the offense that is charged against the accused |
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| formal, written acusation against a defendant submitted to the court by a prosecutor |
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Definition
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Term
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Definition
| the questioning of a witness about issues uncovered during cross-examination |
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Term
| directed verdict acquittal |
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Definition
| an order from a trial judge to the jury stating that the jury must acquit the accused because the prosecution has not proven its case |
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Term
| beyond a reasonable doubt |
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Definition
| refers to the highest level of proof required to win a case; necessary in criminal cases to procure a guilty verdict |
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| the list or pool from which jurors are chosen |
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"to see, to speak"
questioning of jurors by a judge or attorneys to determine whether individual jurors are appropriate for a particular jury panel |
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| term describing a jury in a criminal case that is deadlocked or that cannot produce a unanimous verdict |
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Definition
trial that takes place before a judge, but without a jury, in which the judge makes the decision
aka court trial |
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| a prison term that does not state a specific period of time to be served or date of release |
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Term
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Definition
| prison term that is determined by law and states a specific period of time to be served |
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Term
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Definition
| a sentence that may be adjusted by judge depending on aggravating or mitigating factors |
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| mandatory minimum sentence |
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Definition
| a sentence determined by law that establishes the minimum length of prison time that may be served for an offense |
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Definition
| Ensure defendant comes back for future court appearances |
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Definition
us vs salerno
can deny people bail if they are threat to society (flight threats) and put them in jail instead |
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Term
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Definition
| can deny people bail if they are threat to society (flight threats) and put them in jail instead |
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Term
| two types of plea bargaining: list |
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Definition
1. bargaining for charge
2. bargaining for sentence |
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Term
| plea bargaining: what does it mean to bargain for charge? |
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Definition
1. Reduce charge of felony to a misdemeanor
2. Dropping specific portions of charges
3. Reduce stigmatic charges |
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Term
| plea bargaining: bargaining for sentence |
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Definition
1. Amt of time
2. Type of sentence
3. Concurrent vs consecutive |
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Term
| legal case relating to plea bargaining |
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Definition
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Term
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Definition
| a. Defendants must state that their please were made voluntarily prior to a judge accepting pleas |
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Term
| boykin v alabama: 3 parts |
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Definition
1. knowingly (know rights)
2. voluntarily
3. intelligently |
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Term
| what are the 4 legal cases relating to plea bargaining |
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Definition
boykin v alabama
north carolina v alfred
3. Bordenkircher v hayes
rickets v adamson |
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Term
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Definition
a. A plea of guilty may be accepted for the purpose of a lesser sentence by a defendant who maintains innocence
No contest |
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| Defendant must uphold plea agreement or risk going to trial and receiving a more severe sentence |
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Term
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Definition
1. geographical
2. subject matter
3. hierarchical |
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Term
| subject matter jurisdiction |
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Definition
type of crime committed
felony or misdemeanor affects where a case is sent |
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Term
| hierarchical jurisdiction |
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Definition
| original (has authority to try a case and sentence) vs appellate court (reviews cases for mistakes) |
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Term
| geographical jurisdiction |
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Definition
| location of offense dictates which court will hear the case |
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Term
| 2 pre-trial processes that check discretion |
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Definition
1. grand jury: hears prosecutor's evidence against the accused and decides whether it is sufficient to bring the accused to trial
initial appearance: judge informs accused of charges and decides whether there is probable cause for detention |
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Term
| what rights do you waive when you make a plea negotiation? |
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Definition
6th amendment: right to a speedy trial by jury
5th amendement: self-incrimination
6th amendment: right to cross examine accusers |
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Term
| identify supreme court cases that waive constitutional rights in plea bargaining |
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Definition
1. Boykin v. Alabama
2. Brady v. United States
3. |
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Term
| Explain the responsibility of the judge in the plea bargaining process and what he/she is supposed to determine. |
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Definition
| make sure that defendant understands that they are waiving their rights |
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Term
| how do you become a state judge? 3 ways |
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Definition
1. executive appointment by governor
2. elections: partisan or nonpartisan
3. merit system |
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| How does a fed judge get their job? |
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Definition
| Appointed by the president with approval of the US senate |
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| who are the primary members of the courtroom workgroup? |
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Definition
| Judges, prosecutor, defense attorney |
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Term
| how does prosecutor get their job? |
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Definition
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Term
| how does prosecutor get their job? |
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Definition
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| How does a defense attorney get their job? |
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Definition
| Law degree; limited number in criminal cases |
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Term
| Define and clearly explain the two types of plea bargains that criminal defendants may benefit from. |
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Definition
1.Bargaining for charge
-Reduce charge of felony to a misdemeanor
-Dropping specific portions of charges
-Reduce stigmatic charges
2. Bargaining for sentence
-Amt of time
-Type of sentence
-Concurrent vs consecutive |
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