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| State Courts of LIMITED JURISDICTION |
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| Courts that have jurisdiction over MISDEMEANORS and conduct preliminary investigations of felony charges. |
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| Courts of GENERAL JURISDICTION |
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| STATE OR FEDERAL COURTS that have jurisdiction over FELONY OFFENSES AND MORE SERIOUS CIVIL CASES involving more than a dollar amount set by the legislature |
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| A court that reconsiders a case that has already been tried in orer to determine whether the measures used complied with accepted rules of criminal procedure and were in accordance with constitutional doctrines. |
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| A court that HANDLES THE FINAL APPEAL on a matter. The U.S Supreme Court is the official court of last resort for criminal matters |
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| An order of a superior court requesting that the record of an inferior (lower) court (or administrative body) be brought forward for review or inspection |
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| A decision handed down by the U.S Supreme Court that becomes the law of the land and serves as a precedent for resolving similar legal issues. |
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| The process of deciding a case by a group of persons selected and sworn in to serve as jurors at a criminal trial, often as a 6 or 12 person jury. |
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| A federal trial judge who is appointed by a district court judge and who presides over various civil cases with the consent of the parties and over certain misdemeanor cases |
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| The people's attorney, who is responsible for representing the public in criminal matters. |
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| An attorney usually employed (at no cost to the accused) by the government to represent poor persons accused of crime. |
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| The process of publicly pitting the prosecution and the defense against one another in pursuit of the truth |
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| The U.S constitutional amendment containing various criminal trial rights, such as the right to public trial, the right to trial by jury, and the right to confrontations of witnesses |
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| Without the means to hire an attorney |
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| The 1963 U.S Supreme Court case that granted counsel to indigent defendants in felony prosecutions |
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| A lawyer appointed by the court to represent a defendant in a criminal case because the person is too poor to hire counsel |
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| Contract system (attorney) |
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| Providing couinsel to indigent offenders by having attorneys under contract to the county handle all (or some) such cases. |
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| Critical pretrial processes and decisions, including bail, arraignment, and plea negotiation |
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| The monetary amount for or cindition of pretrial release, normally set by a judge at the initial appearance. The purpose of bail is to ensure the return of the accused at subsequent proceedings |
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| Holding an offender in secure confinement before trial. |
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| (ROR) Release on Recognizance |
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| A nonmonetary condition for the pretrial release of an accused individual; An alternative to monetary bail that is granted after the court determines that the accused has ties in the community, has no prior record of default, and is likely to appear at subsequent proceedings. |
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| The innovative experiment in bail reform that introduced and successfully tested the concept of release on recognizance. |
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| The monetary amount set by a judge at a hearing as a condition of pretrial release; the percentage of the total bond required to be paid by the defendant. |
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| Federal legislation that provides for both greater emphasis on release on recognizance for non-dangerous offenders and preventative detention for those who present a menace to the community |
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| The practice of holding dangerous suspects before trial without bail |
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| The report of a grand jury investigation, which usually includes a recommendation of indictment |
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| The action by a grand jury when it finds that probable cause exists for prosecution of an accused suspect |
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| The action by a grand jury when it votes not to indict an accused suspect. |
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| A written accusation submitted to the court by a prosecutor, alleging that a particular individual committed the offense in question |
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| A hearing that occurs in lieu of a grand jury hearing, when the prosecutor charges via information. Three issues are decided: whether a crime was committed, whether the court has jurisdiction over the case, and whether there is sufficient probable cause to believe the defendant committed the alleged crime. |
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| No judicial settlement of a case in which the defendant exchanges a guilty plea for some consideration, such as a reduced sentence. |
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| A noncriminal alternative to trial, usually featuring counseling, job training, and educational opportunities. |
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| The trial of a criminal matter by a judge only. The accused waives any constitutional right to trial by jury |
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| A finding of a jury or a judge on questions of fact at a trial |
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| The determination of guilt or innocence; a judgement concerning criminal charges. The majority of offenders charged plead guilty; of the remainder, some cases are adjudicated by a judge and a jury. Some are adjudicated by a judge without a jury, and others are dismissed |
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| A part of the Six amendment that establishes the right of a criminal defendant to see and cross-examine all the witnesses against him or her |
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| Testimony that is not firsthand but, rather, relates information told by a second party |
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| Compelling the production of witnesses via a subpoena. |
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| Literally "for oneself" ; presenting one's own defense in a criminal trial; self-representation |
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| The amendment to the U.S Constitution that guarantees freedom of speech, religion, press, and assembly, and the right of the people to petition the government for redress of grievances. |
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| Proof beyond a reasonable doubt |
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| The standard of proof needed to convict in a criminal case. The evidence offered in court does not have to amount to absolute certainty, but it should leave no reasonable doubt that the defendant committed the alleged crime |
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| Preponderance of the evidence |
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| The level of proof in civil cases; more than half the evidence supports the allegations or one side. |
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| The group called for jury juty from which jury panels are selected |
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| The process in which a potential jury panel is questioned by the prosecution and the defense in order to select jurors who are unbiased and objective |
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| A request that a prospective juror be removed because he or she is biased or has prior knowledge about a case, or for other reasons that demonstrate the individual's inability to render a fair and impartial judgment in a particular case |
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| The dismissal of a potential juror by either the prosecution or the defense of unexplained, discretionary reasons |
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| The questioning of one's own (prosecution or defense) witness during a trial |
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| The process in which the defense and the prosecution interrogate witnesses for the other side during a trial. |
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| The right of a judge to direct a jury to acquit a defendant because the state has not proved the elements of the crime or otherwise has not established guilt according to law. |
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| A defense tactic that consist of suggesting that the jury acquit a defendant, despite evidence that he actually violated the law, by maintaining that the law was unjust or not applicable to the case |
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| A request for an appellate court to examine a lower court's decision in order to determine whether proper procedures were followed. |
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| The primary means by which state prisoners have their convictions or sentences reviewed in the federal court; it seeks to determine the validity of a detention by asking the court to release the person or give legal reasons for the incarceration. |
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| A state or federal correctional institution for the incarceration of felony offenders for terms of one year or more. |
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| A crime control policy that depends on the fear of criminal penalties. General deterrence measures, such as long prison sentences for violent crimes, are aimed at convincing the potential law violator that the pains associated with paying for the crime outweigh the benefits. |
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| A crime control policy suggesting that punishment should be severe enough to convince convicted offenders never to repeat their criminal activity |
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| The policy of keeping dangerous criminals in confinement to eliminate the risk of their repeating their offense in society. |
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| Culpable or guilty of participating in a particular criminal offense. |
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| The philosophy of Justice Asserting that those who violate the rights of others deserve to be punished. The severity of punishment should be commensurate with the seriousness of the crime. |
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| The strategy of applying proper treatment so an offender will present no further threat to society |
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| The action or practice of awarding each person what is due him or her; sanctions based on equity seek to compensate individual victims and society in general for their losses due to crime |
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| A term of incarceration with a stated minimum and maximum length, such as a sentence to prison for a period of from 3 to 10 years. The prisoner would be eligible for parole after the minimum sentence has been served. Based on the belief that sentences should fit the criminal |
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| A fixed term of incarceration, such as 3 years' imprisonment. Many people consider determinate sentences too restrictive for rehabilitative purposes; the advantage is that offenders know how much time they have to serve--that is when they are released |
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| A set of standards that define parameters for trial judges to follow in their sentencing decisions. |
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| A statutory requirement that a certain penalty shall be set and carried out in all cases upon conviction for a specified offense or series of offenses. |
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| Prison sentences for two or more criminal acts, served simultaneously and run together |
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| Prison sentences for two or more criminal acts, served one after the other |
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| The view that the low rates of female crime and delinquency are a reflection of the leniency with which police and judges treat female offenders |
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| A postconviction statement by the victim of crime that may be used to guide sentencing decisions |
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| An outcome of capital punishment that enhances, rather than deters, the level of violence in society. The death penalty reinforces the view that violence is an appropriate response to provocation. |
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| The philosophy of Justice asserting that those who violate the rights of others deserve to be punished. The severity of punishment should be commensurate with the seriousness of the crime. |
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1. Testimonial Evidence = Given by the police officers, citizens, and experts, this is the most basic form of evidence. The witness must state under oath what he or she heard, saw, or experienced.
2. Real Evidence = Exhibits that can be taken into the jury room for review by the jury constitute real evidence.
3. Documentary Evidence = This type of evidence includes writings, government reports, public records, business or hospital records, fingerprint identification, and DNA profiling.
4. Circumstantial evidence = AKA Indirect evidence. Often inferred or indirectly used to prove a fact in question. |
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Stage 1: Jury Selection
Stage 2: Opening Statements
Stage 3: Presentation of Evidence
Stage 4: Closing Arguments
Stage 5: Jury Deliberations
Stage 6: Sentencing |
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