Term
| Primary Court Systems in U.S. |
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Definition
~State Courts
~Fed Courts
(our dual court system can be attributed to our founding fathers; this system assures a seperation between Fed and State govs |
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| State Courts consist of... |
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Definition
~Trial courts (district courts)
~Appellate courts
~State Supreme Courts |
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| Federal Courts consist of... |
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Definition
~District court
~U.S. Court of Appeals
~U.S. Supreme Court |
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| The territory, subject matter, or people over which a court or other justice agency may exercise lawful authority, or determined by statute or constitution |
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| First colony to have own court.... |
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Definition
| Massachusetts Bay Colony, 1629 |
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| Pennsylvania Referee System |
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Definition
~Established that each man could rep themselves
~Done away w in 1766
~Helped usher in Magistrate system and the Justice of the Peace systems |
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Definition
~Appellate courts are only in 39 states
~Defined as the court authorized by law to hear the final appeal on a matter
~All states have a State Supreme Court |
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Definition
~lowest level of Fed courts
~System is made up of 94 of these
~considered to be the trial courts of Fed system |
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Definition
~Northern (ATL)
~Middle (Macon)
~Southern (Savannah) |
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Definition
~Intermediate appellate court
~System = 13 circuit courts
~Have mandatory jurisdiction over decisions of district courts within their circuit |
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~THE final court of appeal
~Consists of 9 Judges (Justices)
~Approx 5,000 requests for reviews are filed; 200 actually heard |
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| The power of a court to review actions and decisions made by other agencies of gov |
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| This case established the Supreme Court's authority as the final interpreter of Constitution |
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Definition
~An appearance before a magistrate during which the legality of the arrest is assessed and the defendant is informed of the charges on which they're being held
~Bail may also be set or pretrial release may also be arranged |
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| Is responsible for creating the notion that a suspect should have his/her first appearance within 48 hours of arrest |
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| Where does the the suspect NOT have the right to present evidence but is entitled to representation by counsel? |
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| A document guaranteeing the appearance of the defendant in court as required and recording the pledge of $ or property to be paid to the court if he/she doesn't appear, which is signed by the person to be released and any other persons acting on his/her behalf |
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| The pretrial release of a criminal defendant on his/her written promise to appear in court as required. No $ or property bond is required |
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| A law intended to prevent the pretrial release of criminal defendants judged to represent a danger to others in the community |
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| Held that Congress was justified in providing for denial of bail to offenders who represent a danger to the community |
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~The Fed gov and about 1/2 of the states use a GJ as a part of the pretrial process
~GJs serve primarily as filters
~GJ hearings are secret;the defendant has NO right to appear, present evidence, or cross-examine witnesses
~If a state doesn't have a GJ system, then it will use a prelim hearing
~The purpose is challenge the legal basis of the detention |
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| A finding by a court, when the defendant's sanity is @ issue, that the defendant has sufficient present ability to consult w/ his/her attorney w a reasonable degree of rational understanding |
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| Competent to stand trial? |
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~Once indicted, the accused will be formally charged
~It's @ this point that the defendant is again informed of the charges against them. They're then asked to enter a plea |
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Definition
~Guilty
~Not guilty
~Nolo contendre |
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Term
| A plea of no contest. This plea is used when the defendant doesn't want to contest conviction. The plea doesn't admit guilt. It cannot provide a basis for later civil actions that may follow criminal conviction |
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| The process of negotiating an agreement among the defendant, the prosecutor, and the court as to an approp plea and associated sentence in a given case. Circumvents the trial process and dramatically reduces the time required for the resolution of a criminal case |
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| Held that a defendant may withdraw a plea after it's made |
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~the courtroom is made up of actors:
~judges
~prosecuting attorneys
~court reporters
~security (bailiffs)
~defense attorneys
~public defenders |
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| An elected or appointed official who presides over a court of law and who is authorized to hear and sometimes to decide cases and to conduct trials |
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~Primary duty: ensure justice
~A judge holds ultimate authority on matters of law, evidence, and decorum |
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| An attorney whose official duty is to conduct criminal proceedings on behalf of the state or the people against those accused of having committed criminal offenses |
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~The decision-making power of the prosecutor. Includes:
~Setting time for trial
~How defendants are handled
~Acceptance of plea bargaining |
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| Most important power of Prosecutor? |
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Definition
| To charge or not to charge |
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Definition
~Brady vs. Maryland(disclosure of evidence by the DA)
~U.S. vs. Bagley(disclosure of evidence to the defense)
~Imbler vs. Pachtman(provides for immunity of the DA) |
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| A licensed trial lawyer, hired or appointed to conduct the legal defense of a person accused of a crime and to rep him/her before a court of law |
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Definition
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| Defense court's resposibilities |
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Definition
~Defense attorney reps the accused after arrest
~Defense attorney ensures that the defendant's civil rights are not violated |
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| An attorney hired by the gov to rep defendants who cannot afford one |
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| An officer of the court who maintains order and calls court into session. Are also responsible for the security of the Jury |
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| This person maintains administrative order within all of the courts. This person also maintains all court records |
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| An individ that has a special expertise in a specific area (anthropolgist, pathologist, fingerprinter) which the court recognizes (also may express their opinion) |
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| An eyewitness character witness, or any other person who is called upon to testify that is not an expert witness; they are not allowed to draw conclusions or express opinions |
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| A written order issued by a judicial officer or a grand jury requiring an individ to appear in court, and to give testimony or to bring materials to be used as evidence |
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| The movement of a trial of a lawsuit to anoth location within the same jurisdiction. Ensures fairness. Reasons: Pretrial, publicity, community's familiarity w the defendant, victim(s), or entity |
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| Called "voir dure" process. Both the prosecution and the defense are allowed to ? potential jurors; they will eith retain or strike potential jurors |
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1. Challenge to the array(whole pool)
2. Challenge for cause(specific reason)
3. Peremptory challenge(no reason given) |
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| A jury that's isolated from the public during the course of a trial and throughout the deliberation process |
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| Anything useful to a judge/jury in deciding the facts of a case |
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| Oral evidence offered by sworn witnesses on the witness stand |
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| The international making of a false statement as part of the testimony by a sworn witness |
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| The decision of the jury is a jury trial or of a judicial officer in a non-jury trial |
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