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Definition
Federal Courts
State Courts
Trial of limited jurisdiction, trial of general jurisdiction, appellate courts
Both use adversarial process, and inquisitorial process |
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Definition
| Only handle federal cases, US Supreme Court is the last resort; US Circuit Court of Appeals= Appellate Court |
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| Monitor decisions within state by interpreting state constitution; state court of appeals; state supreme court= last resort |
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Initial Appearance
Bail
Pretrial Detention
Preliminary Hearing/Grand Jury
Arraignment
Defendant' Rights |
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Definition
| Accused appears before judge; told what charges are and if pretrial release is allowed |
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Definition
| Amount of money determined by judge to be paid as a condition of pretrial release to ensure their court appearance |
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Definition
| Used to hold suspect for trial based on judge’s belief that they would endanger people or flee |
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| Preliminary Hearing/Grand Jury |
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Definition
| Prosecution presents evidence to jury to decide if suspects should have charges filed |
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Definition
| Suspect appears in court to have charges read to them and they enter a plea of guilty or not guilty |
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Definition
Innocent until proven guilty
Lawyers can be provided and all felonies but be proved beyond reasonable doubt |
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Definition
Prosecutors
Defense Attorneys
Judges
Plea Bargaining |
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Term
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Definition
| Elected officials who delivers criminal charges to suspects; represent the community of it's jurisdiction |
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Definition
| Represent the accused and the convicted criminals in the criminal justice system |
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Definition
| Appointed officials by community to preside over trials and act as adjudicator, negotiator, and administration |
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Definition
| A defendants guilty plea in exchange for a reduction of charges or a reduced sentence |
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| Trials- Bench and Jury Trials |
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Definition
Structures and Procedures- Prosecution and defense compete before jury so truth emerges
Defendant's right- fair and speedy trial; choice for trial by jury |
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Term
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Definition
Sentencing structure
Types of sentences |
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Definition
| Must follow sentence guidelines and sentence must be fair for crime committed |
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Definition
Determinate- certain amount of time
Indeterminate- minimum and maximum
Mandatory- minimum amount must be served |
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Definition
Retribution- deserved punishment
Deterrence
Incapacitation
Rehabilitation |
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Definition
Incarceration
Intermediate
Probation
Death |
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Term
| Issues related to the death penalty |
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Definition
Very expensive
Time consuming for state
Very few exceptions |
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Definition
Local Jails
State Prisons
Federal Prisons |
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Term
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Definition
| Rights are protected by constitution and give right to sue state officials over violation of rights |
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Term
| Probation, Parole and Intermediate Sanctions Goals |
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Definition
| Give first time and minor offenders a second chance to rehabilitate and reintegrate with society |
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Term
| Probation, Parole and Intermediate Sanctions Usage |
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Definition
| Used with first time or minor misdemeanors and drug, property, violence, or weapons felonies |
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Term
Probation, Parole and Intermediate Sanctions
Effectiveness |
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Definition
| Most people complete probation while some get reincarcerated |
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Term
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Definition
| Writ seeking judicial review, an order by a higher court directing a lower court, tribunal, or public authority to send the record in a given case for review |
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Definition
| Protection against unreasonable search and seizure |
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Definition
| Right against self-incrimination and double jeopardy |
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Definition
| Right to counsel, to a speedy and fair trial, and to a jury trial |
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Definition
| Right to protection against excessive bail, excessive fines and cruel and unusual punishment |
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Definition
| State government officials must treat all people justly with decisions being made according to procedures prescribed by law |
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Term
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Definition
| amount of reliable information indicating that it is more likely than not that evidence will be found in a specific location or that a specific person is guilty of a crime |
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Term
| Suspicion beyond a reasonable doubt |
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Definition
| Standard used by a jury to decide if the prosecution has provided enough evidence for conviction. |
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Term
| Courts of limited jurisdiction |
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Definition
| Criminal Courts with trial jurisdiction over misdemeanor cases and preliminary matters in felony cases. Sometimes these courts hold felony trials that may result in penalties below a specific limit |
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| Courts of general jurisdiction |
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Definition
| Criminal courts with jurisdiction over all offenses, including felonies. In some states, these courts also hear appeals |
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Definition
| Courts that do not try criminal cases but hear appeals of decisions of lower courts |
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Definition
| A questioning of prospective jurors to screen out people the attorneys think might be biased or otherwise -able of delivering a fair verdict |
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Definition
| Removal of a prospective juror without giving any reason. Attorneys are allowed a limited number of such challenges |
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Term
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Definition
| Removal of a prospective juror by showing that he or she has some bias or some other legal disability. The number of such challenges available to attorneys is unlimited. |
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Definition
| Trials conducted by a judge who acts as fact finder and determines issues of law. No jury participates. |
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Term
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Definition
| Depriving an offender of the ability to commit crimes against society, usually be detaining the offender in prison |
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Definition
| Punishment inflicted on criminals to discourage them from committing future crimes. |
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Definition
| Punishment of criminals that is intended to be an example to the general public and to discourage the commission of offenders |
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Definition
| The goal of restoring a convicted offender to a constructive place in society through some form of vocational or educational training or therapy. |
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Definition
| A period set by a judge, that specifies a minimum and a maximum time to be served in prison. Sometimes after the minimum, the offender may be eligible for parole. |
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Definition
| A sentence that fixes the term of imprisonment at a specific period. |
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Term
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Definition
| A sentence determined by statutes and requiring that a certain penalty be imposed and carried out for convicted offenders who meet certain criteria. |
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Definition
| A mechanism to indicate to judges the expected sanction for certain offenses, in order to reduce disparities in sentencing |
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Definition
| Process of screening children out of the juvenile justice system without a decision by the court |
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Definition
| A reduction of an inmate’s prison sentence, at the discretion of the prison administrator, for good behavior or participation in vocational, educational or treatment programs |
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Term
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Definition
| judicial order requesting the release of a person being detained in a jail, prison, or mental hospital if a judge finds the person is being held improperly, the writ may be granted and the person released |
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Definition
| A sentence that the offender is allowed to serve under supervision in the community. |
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Term
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Definition
| Conditional release of an inmate from incarceration, under supervision, after part of the prison sentence has been served. |
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Term
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Definition
| Hearing to address whether the defendant violated a condition of his parole. |
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Term
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Definition
| hearing to revoke a previously suspended sentence, because of a violation of some condition of probation |
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Term
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Definition
| release of a convict from custody or imprisonment, under conditions which bar him or her from certain activities or associations |
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Term
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Definition
| Repayment- in the form of money or service- by an offender to a victim who has suffered some loss from the offense |
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Definition
| a variety of punishments that are more restrictive than traditional probation but less severe and costly than incarceration |
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Term
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Definition
| defendant serves up to half of his term of imprisonment outside of prison |
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Definition
| A sentence in which the offender is released after a short incarceration and resentenced to probation |
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Term
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Definition
| early release from custody through an intensive 6 month boot camp |
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Term
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Definition
| A sentence requiring the offender to remain inside his or her home during specified periods |
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Term
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Definition
| impose a life sentence to persons who have been convicted of three or more serious criminal offenses |
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Term
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Definition
| A sentence for which the legislature or a commission sets a minimum and maximum range of months or years. Judges are to fix the length of the sentence within that range, allowing for special circumstances. |
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Definition
| Process in which new sentencing options increase rather than reduce control over offenders’ lives |
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Term
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Definition
| Making the best use of expensive and limited prison space by targeting for incarceration those individuals who incapacity will do the most to reduce crime in society. |
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Term
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Definition
| place of work and residence where a great number of similarly situated people, cut off from the wider community for a considerable time, together lead an enclosed, formally administered round of life |
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Term
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Definition
| process of accepting the culture and social life of prison society |
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Term
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Definition
| Release of an inmate from prison to conditional supervision at the discretion of the parole board within the boundaries set by the sentence and penal law |
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Term
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Definition
| required release of an inmate from incarceration to community supervision upon the expiration of a certain period, as specified by a determinate-sentencing law or parole guidelines. |
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Term
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Definition
| A release from the penalty of an offense |
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Term
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Definition
| a defendant’s involuntary confession that is extracted by police violence cannot be entered as evidence and violates the due process clause of the Fourteenth Amendment |
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Term
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Definition
| An attorney must be provided to a poor defendant facing the death penalty |
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Term
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Definition
| Indigent defendants have a right to counsel when charged with serious crimes for which they could face six or more months of incarceration. |
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Term
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Definition
| The death penalty, as administered, constitutes cruel and unusual punishment. |
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Term
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Definition
| Death penalty laws are constitutional if they require the judge and the jury to consider certain mitigating and aggravating circumstances in deciding which convicted murderers should be sentenced to death. Proceedings must also be divided into a trial phase and a punishment phase, and there must be opportunities for appeal. |
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Term
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Definition
| The Supreme Court rejects a challenge of Georgia’s death penalty on grounds of racial discrimination |
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Term
| U.S. v. Salerno and Cafero |
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Definition
| Preventive detention provisions of the Bail Reform Act of 1984 are upheld as a legitimate use of government power designed to prevent people from committing crimes while on bail. |
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Term
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Definition
| When a guilty plea rests on a promise of a prosecutor, the promise must be fulfilled. |
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Term
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Definition
| Execution of the mentally retarded is unconstitutional |
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Term
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Definition
| Execution of offenders for crimes committed while under the age of 18 is unconstitutional. |
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Definition
| In order to state a cognizable claim for a violation of eighth amendment rights, a prisoner must allege acts or omissions sufficiently harmful to evidence deliberate indifference to serious medical needs, and that medical malpractice did not rise to the level of “cruel and unusual punishment” simply because the victim was a prisoner. |
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Definition
Adversarial Process
Dual Court System
Jurisdiction
Court Functions |
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Definition
| Two lawyers fight to discover truth |
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Definition
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Term
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Definition
Norm enforcement
Dispute processing
Policy making |
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Term
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Definition
Trial Courts of Limited Jurisdiction
Trial Courts of General Jurisdiction |
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Term
| Dual Court Structure- Federal |
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Definition
Supreme Court of U.S.
Circuit Court of Appeals
District Courts |
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Term
| Dual Court Structure- State |
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Definition
Appellate court of last resort
Intermediate Court of Appeal
Trial court of general jurisdiction
Trial Court of limited jurisdiction |
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Term
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Definition
| Operated funded controlled by local communities |
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Term
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Definition
Pre Arrest
Initial Appearance
Preliminary Hearing
Pretrial
Trial
Sentence |
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Term
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Definition
| Review request for and issue or deny search and arrest warrants |
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Definition
Tell rights
Determine Bail
or Pretrial Release
Decide if case should be dismissed |
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Definition
| Evaluate prosecution and defense claims with regard to probable cause, decide if evidence exists to hold accused for arraignment, rule on bail reduction request |
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Definition
Evaluate indictment or information
advise defendants plea
make sure defendant knows consequences of guilty plea |
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Definition
Rule on pretrial motions
Answer request for continuances |
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Definition
| Jury selection, rule on evidence, instruct jury of legal rules |
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Definition
Evaluate presentence report
Hear Arguments of council
Impose sentence |
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Definition
Adjudicator
Negotiator
Administrator |
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Definition
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Definition
| Negotiation between prosecutor and defense attorney |
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Definition
Direct courtrooms
Manage cases
Problem Solvers |
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Definition
Gubernatorial Appointment
Legislative Selection
Merit Selection
Nonpartisan Election
Partisan Election |
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Term
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Definition
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Term
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Definition
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Term
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Definition
| Nominated then appointed by government when term expires people vote |
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Definition
Trial Counsel for the Police
House Counsel for the Police
Representative of the Court
Elected Official |
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Term
| Trial Counsel for the Police |
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Definition
Side with law enforcement
Crime fighter stance |
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Term
| House Counsel for the Police |
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Definition
| Main function to give legal advice so arrest will stand up in court |
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| Representative of the Court |
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Definition
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Definition
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Term
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Definition
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Term
| Ways of Providing Indigent Counsel |
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Definition
Assigned Counsel
Contract Counsel
Public Defender |
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Term
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Definition
Private attorney appointed to indigent
Attorney's fee is paid by the government with jurisdiction |
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Term
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Definition
| Set for a period of time for all |
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Definition
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Term
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Definition
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Term
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Definition
| Formal reading of information |
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Definition
| Amount of money for pretrial release |
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Term
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Definition
Jury Selection- Voir Dire
Opening Statement
Presentation of Prosecutions Evidence
Presentation of Defense Evidence
Presentation of Rebuttal Witnesses
Closing Argument by Each Side
Judges Instruction to Jury
Decision by Jury |
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Definition
Clerk read indictment
Attorney may make opening statement |
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Definition
| Require to serve certain amount |
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