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| a disagreement whose settlement is based on personal vengeance and physical violence |
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| in medieval German and English law, a practice by which a defendant could establish innocence by taking an oath and having a required number of people swear the they believed the oath |
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| an ancient custom found in many cultures in which the accused was required to perform a test to prove guilt |
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| in archaic usage, considered the first type of jury that determined the ownership of land; currently a type of investigation |
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| the 12th century English law that established judicial procedure and the grand jury system |
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| Court of the Star Chamber |
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| an old english court comprising the kings councilors that was separate from common-law courts |
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| the Court of the Star Chamber was notable for its abuses, such as the following: |
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Definition
-interrogation of suspects in secret
-the use of torture as a fact-finding tool
-no right to a trial by jury
-accusation brought without evidence
-the accused not informed of the identity of people making accusations |
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| under the 6th amendment, defendants charged with serious offenses are entitled to a jury trial |
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| Established the judiciary as equal to the executive and legislative branches of govt |
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| Established that the court could find that the constitution included implied powers that could be deduced from its nature and language |
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| Held that a Louisiana law that mandated "equal but separate accommodations for the white and colored races" on all railroad cars was reasonable |
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| subject-matter jurisdiction |
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| the authority of a court to hear a case based on the nature of the case |
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| the authority of a court to hear a case based on the location of the offense |
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| hierarchical jurisdiction |
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| the authority of a court to hear a case based on where the case is located in the system |
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| a court that holds sessions at intervals within different areas of a judicial district |
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| the lowest level of the federal court system,created in 1968 to ease the caseload of the US district courts |
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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 |
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| the "court of last resort"; the highest court in the US, established by article III of the constitution, hears only appeals, with some exceptions |
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| an order from a superior court calling up for review the record of a case from a lower court |
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| powell v. state of alabama |
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| this is the first case in which the US supreme court applied the constitutional right to counsel to a specific prosecution; powell also provides a historic look at racism within the criminal justice system |
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| general courts and special courts funded and run by each state |
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| a rule that states that at least four of nine supreme court justices must vote to hear a case |
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| a brief in which someone who is not a part of the case gives advice or testimony |
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| sometimes called inferior courts, in reference to their hierarchy; these courts receive their authority and resources from local county or municipal govts |
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| a term describing how similar cases have been settled by a given set of judges, prosecutors, and attorneys |
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| the primary administrative officer of each court who manages nonjudicial functions |
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| a 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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| an employee of a private, for-profit company that provides money for suspects to be released from jail; also called bondsman |
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| an officer appointed by the court to protect the interests of the child and to act as a liaison among the child, the child's family, the court, and any other agency involved with the child |
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| the attorney general's office is responsible for: |
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Definition
-executive direction and management offices
-litigation
-investigatory and law enforcement agencies
-policy and assistance offices |
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| the final determination of a case or other matter by a court or other judicial entity |
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| defendants have the right to an attorney if an offense, regardless of its seriousness, is punishable by incarceration |
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| states may incarcerate offenders only if they have been represented by counsel; state are no obliged to appoint counsel for offenders who have not been sentenced to incarceration, even if incarceration is a possible punishment |
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| evidence may be admitted if the fault for a bad warrant rests with the court and not with the police |
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| a judicial nomination 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; also called merit selection |
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| a compromise reached by the defendant, the defendant's attorney, and the prosecutor in which the defendant agrees to plead guilty or no contest in return for a reduction of the charges' severity, dismissal of some charges, further information about the offense or about others involved in it, or the prosecutor's agreement to recommend a desired sentence. |
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| a written statement of the facts of the offense that is charged against the accused |
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| a formal, written accusation against a defendant submitted to the court by a prosecutor |
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| the questionining of a witness about issues uncovered during cross-examination |
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| direct verdict of acquittal |
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| an order from a trial judge to the jury stating that the jury must acquit the accused because the prosecution has not proved its case |
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| beyond a reasonable doubt |
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| 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"; refers to the questioning of jurors by a judge and/or attorneys to determine whether individual jurors are appropriate for a particular jury panel |
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| a term describing a jury in a criminal case that is deadlocked or that can not produce a unanimous verdict |
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| a trial that takes place before a judge, but without a jury, in which the judge makes the decision; sometimes called a court trial |
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| the Supreme Court established that the use of peremptory challenges to racially manipulate a jury violates the defendant's right to an impartial jury |
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| denying bail and pretrial release to a suspect who may be a danger to society is constitutional |
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| the decision set forth that the administration of the death penalty constituted cruel and unusual punishment, not the death penalty itself |
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| the Supreme Court effectively reinstated the death penalty, finding that it did not constitute cruel and unusual punishment as long as its implementation was fair |
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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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| a prison term that is determined by law and states a specific period of time to be served |
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| a sentence that may be adjusted by the judge depending on aggravating or mitigating factors |
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| mandatory minimum sentence |
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| a sentence determined by law that establishes the minimum length of prison time that may be served for an offense |
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| most advantageous; by pleading guilty or nolo contendere the defendant can reduce the potential for a harsh sentence |
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| defendant pleases guilty to a charge in exchange for other charges being dropped |
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| the defendent is assured a specific less-than-maximum sentence and the prosecutor gets a conviction without having to go to trial |
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| several types of convictions do an extra measure of damage to a defendant's chances of receiving a light sentence |
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| 3 fundamental issues that guide the practice of plea bargaining |
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Definition
1. presumption of factual guilt
2. costs and risks of trial
3. what to do with the guilty |
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Definition
1. indictment
2. defendant's plea
3. prosecution opening statement
4. defense opening statement
5. witness and evidence presented
6. defense closing arguments
7. prosecution closing arguments
8. judge's instructions to jurors about procedures
9. judge's instructions to jurors about verdicts
10. final verdict
11. defendant released if acquitted or sentenced if convicted |
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Term
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Definition
-filing of charges
-initial appearance
-grand jury
-indictment and informations
-arraignment
-the plea |
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| statements by witnesses that are given under oath |
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| consists of objects that can be readily observed (fingerprints) |
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| both real evidence and testimony; ascertainable by the 5 senses |
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| circumstantial evidence; demonstration that the defendant has similar objects as in the case |
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| right to a speedy trial & right to confront witnesses & right to an impartial jury |
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| right against self-incrimination |
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| right against excessive bail |
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| Offenses likely to carry mandatory minimums |
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Definition
-weapons violations
-repeated drunk driving
-drug-sales and drug-kingpin laws
-three-strikes-and-you're-out laws
-truth in sentencing |
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| federal courts hear cases involving these issues |
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Definition
-cases in which the US govt or one of its officers is being sued
-cases between two or more states
-cases involving counsels, ambassadors, and other public ministers
-cases involving laws enacted by congress, treaties and laws related to maritime jurisdiction, and commerce on the high seas |
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| US district courts hear these types of cases |
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Definition
-federal questions
-diversity of jurisdiction
-prisoner petitions |
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| types of local community courts |
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Definition
-conflict resolution programs
-family courts
-magistrate courts |
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