Term
| Court of General Jurisdiction |
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Definition
| A court that can hear nearly any type of case. |
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| courts of limited jurisdiction |
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| a specialty type of court that can hear only cases of a certain type |
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| A court's legal power to hear a particular case, must involve citizens of different states of at least $75,000 |
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| an appeals case presided over by a larger than usual panel of judges (more than three) |
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| another kind of specialized court; if a judge takes an interest in an offender's reintegration into society, that concern will have a positive effect on the offender's rehabilitation |
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| written document containing legal arguments in an appellate case, submitted to a court by attorneys for one party |
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| the act by which an appellate court sends a case back to a lower court for further proceedings |
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| the highest court to which a case can be appealed |
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| a request that a case be heard by an appellate court such as the U.S. SC |
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| meeting that occurs b/w attorneys and a judge in the judge's office rather than in the courtroom |
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| the act by which a judge removes herself from a case b/c she may be biased, or may have the appearance of being biased |
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| the right guaranteed by the 5th and 14th amendments, that laws and processes be fair |
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| magistrate & justice of peace |
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| a judge who handles matters such as warrants, infractions, and the early stages of a criminal case |
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| people who preside over the early stages of some criminal trials, or serve as judges in specialized courts |
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| people who preside over the early stages of some criminal trials, or serve as judges in specialized courts |
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| nominated by president of the US and the Senate must approve; once they have been approved they hold office for life |
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| a prosecutor who is appointed specifically for one particular case, usually because of his specialized knowledge or experience |
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| a state's head law enforcement officer; also the head of US Department of Justice |
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| a lawyer who prosecutes criminal cases at the local level |
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| the prosecutor's power to determine when to bring criminal charges and which charges to bring |
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| the lawyer who represents the defendant in a crim case. May conduct pretrial investigations, be present during some police questioning, bargain w/ the prosecution & judge over bail amounts, engage in plea bargaining, etc |
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| attorney-client privilege |
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Definition
| the right of a person to prevent the gov't. from asking his lawyer to provide evidence of the content of discussions b/w the person and his attorney. |
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Definition
| a shared understanding of how cases should be processed |
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Definition
| a generally agreed-upon sentence for a defendant based on the crime and prior record |
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| panel of citizens who may investigate certain crimes and determine whether sufficient evidence exists to bring a defendant to trial |
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| small groups of citizens who determine whether a criminal defendant is guilty of the crimes with which he is charged |
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| a group of people called to be prospective jurors |
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| the process of questioning prospective jurors about their background, opinions, and knowledge relevant to a particular case |
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| excusing potential jurors from a jury b/c they might be biased in that case |
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| an attorney removes a prospective juror she feels will not be sympathetic to her side of the case |
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| the power of juries to refuse to apply criminal laws when they feel applying them would be unjust |
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| a person who has personally seen or heard information relevant to the case at hand; also called a fact witness or eye-witness |
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| people who have specialized knowledge of some scientific or technical matter that may help in the decision of a case |
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| a legal document ordering a person to appear in court |
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Definition
| violation of a court's order, punishable by fine, jail time, or both |
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| Guarantees criminal defendants the right to confront and cross-examine their accusers and to have witnesses testify in their defense |
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| $$$ deposited by a defendant with a court to ensure the defendant's appearance at trial |
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| the practice of holding a suspect w/o bail b/c he is believed to pose a potential danger to the community of at risk of fleeing the jurisdiction |
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| relocation of a case to another court b/c the case had received to much publicity in the original jurisdiction for the defendant to receive a fair trial |
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| the 5th Amendment prohibition against subjecting anyone twice to "jeopardy of life or limb" for the same offense |
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| a hearing before a judge or magistrate during which the complaint is formally read |
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| a defendant's formal denial or admission of guilt |
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| no contest (nolo contendere) |
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Definition
| a plea in which a defendant admits that sufficient evidence exists to convict him, but he does not actually admit to be guilty |
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Definition
| a document issued by a grand jury after it finds probably cause, formally listing the charges against the defendant |
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Definition
| a proceeding in which a judge determines whether probably cause exists to bring the defendant to court to face trial for the crimes with which he has been charged |
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| a document filed by a prosecutor after a preliminary hearing, formally listing the charges against the defendant |
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| the process in which an attorney requests the opposing counsel or other parties provide certain evidence or information |
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| a clause of the US Constitution that represents the proposition that government law and proceedings must be fair |
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| the burden falls on the party that must prove a particular thing in court |
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Term
| preponderance of the evidence |
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Definition
| the standard of proof required to win a civil lawsuit |
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Term
| beyond a reasonable doubt |
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Definition
| the standard of proof required to criminally convict a person |
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Term
| clear and convincing evidence |
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Definition
| an intermediate standard of proof, sometimes required for certain defenses such as insanity |
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Definition
| a jury that is kept separate fro outside contact during a trial |
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| initial statements made by attorneys to a jury outlining the case they will present during the trial |
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| a stage in a criminal trial during which a party presents the main body of evidence |
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| a stage in trial when an attorney questions his own witness |
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| a motion made by a defense attorney after the prosecution has rested its case; the motion asks for the judge to direct the jury to find the defendant guilty due to the prosecution's failure to meet its burden of proof |
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| a judge's ruling that declares a trial invalid, often because of a hung jury |
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| a 2 part trial in which the first part decides guilt and the second decides the penalty whether the defendant was insane |
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| cruel and unusual punishment |
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Definition
| a sentence or conditions of confinement that at that time period goes beyond what is acceptable to society |
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| a written judicial order requiring that a prisoner's case be reviewed in court to determine if he is being held unconstitutionally |
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Term
| Presentence Investigation Reports (PSI) |
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Definition
| reports that provide the court with a basis for making a sentencing decision by including a personal history of the offender, often a victim impact statement, a recommendation for sentencing. |
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| a sentencing goal focused on punishing the convicted for the crime |
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| a sentencing goal focused on convincing the offender or others not to commit crime |
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| a sentencing goal that aims to make it impossible for the offender to commit a future crime b/c he is imprisoned |
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| the offender is given a range of time he can serve, such as 5 to 7 years, dependent on how he behaves while in prison |
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| specifies a precise period of time that the offender needs to serve |
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| presumptive sentencing models |
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Definition
| a sentencing model assuming that judges should sentence within sentencing guidelines, or within ranges, specified for particular charges |
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| the minimum sentence set by a legislature that must be imposed for a particular crime |
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| laws that create enhanced penalties for repeat offenders |
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| offenders who have been previously convicted of crimes |
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