Original jurisdiction is the authority of a court to hear a case when it is first brought to court.

Special Jurisdiction is the power of a court to hear only certain kinds of cases.

Appellate Jurisdiction the power of a court to review a case for errors of law.

Personal Jurisdiction a court's authority over the parties to a lawsuit.

Subject Matter Jurisdiction is the power of a court to hear a particular type of case.

a. Affirm and let stand

b. Modify without total reversing

c. Reverse requiring no further action

d. Reverse and remand

• Usually refered to as lower courts.
• Deal with minor cases.
• Not a court of record.
• May be called: city courts, county courts, justice of the peace, district courts, ect.

A defendant is a person who legal action is brought against, a warrant is issued , or an indictment is found.

A defence attorney is the effective assitance of councel that a defendant has the right to have help them.

• Community's chief LEO
• Have authority to: charge or not charge, procecute or not, and help decide what the charge will be.

a. Determine probable cause

b. Sign warrents

c. Inform suspects of rights

d. Set/ revolk bail

e. Arraign defendants

f. Accept guilty pleas

g. Manage staff

h. Allow jury to reach verdict

1. white

2. male

3. upper-middle class

4. prodistant

5. better educated than most

6. over 50

7. practice privately before becoming a judge.

1. A crime has been committed

2. A perpetrator can be identified

3. Sufficient evidence to dupport a guilty verdict

Nolle Presequi (Nol Pro) The notation placed on the official records of a case when prosecutors elect not to persecute.

1. Exculpatory evidence- evidence favorable to defendant

2. Weakness- defence finds the weaknesses in the case

1. Election- elected by public on a ballot

2. Merit Selection- someone steps down or passes away the most qualified takes the rest of there term

An amount of money deposited with the court to see that a suspect or defendant will appear at a later trial.

1. Defendant promises to stay out of trouble.

2. If the defendant makes restitution (pays for damage, ect.) 

3. Defendant seeks medical attention.

Presumptive sentencing is sentencing that allows a judge ot retain some sentencing discretion, subject to appellate review. (usually the legislature determines a sentences range for each crime)

Retribution is justification for punishment that imples repayment for an offense committed.

(clean up graffiti, pay for broken window, ect.)

Restoration places emphasis on victims rights nd needs and successful intigration of offenders into society.

Rehabilation is the attempt to correct the personality and behavior of convicted offenders through education, vocational, or therapeutic treatment and to return them to society as law-abiding citizens.

Victims rights are the right the victims have. Sometimes they are able to make statements on the harm and suffering caused by a certain crime.

1. Secial or Specific Deterrence- prevention by punishment

2. General Deterrence- punishment done to one person to make an example so others won't do it

Presentence Investigation Report

Usually prepared by the probation officer.

Sometimes includes:

Officers recommended sentence

Just a written report

A pretrial stage in which a defendant is brought before a lower court to be given notice of the charge(s) and advised of her or his constitutional rights.

Preventive detention is holding suspects or defendants in jail without giving them an opportunity to post bail, because of the threat they pose to society.

Information is a document that outlines the formal charge(s) against a suspect, the law(s) that have been violated and the evidence to support the charge(s).

A complaint is a charging document specifying that an offense has been committed by a person or persons named or described; usually used for misdemeanors and ordinance violations.

A subpoena is a written order issued by a court that requires a person to appear at a certian time and place to give testimony. It can also require that documents and objects be made available for examinatioin by the court.

An indictment is a document that outlines tha charge or charges against a defendant.

Nola contendere is Latin for "no contest." When defendants plead nolo, they do not admit guilt but are willing to acceplt puishment.

1. Do justice

2. Appear to do justice

3. Forum for resolving disputes

4. Censure wrongdoing

5. Incapacitation

6. Punishment

7. Rehabilitation

8. General deterrence

9. Determine legal status

10. Protect citizens against arbitrary government action

Commutation is a reduction of the original sentence given by executive authority, usually a state's government.

A public defender is a court appointed attorney provided when a person charged with a crime can not afford an attorney. Usually paid a set salary and instead of being assigned to a client they are assigned to a court room.

The police have 48 hours for a judge to decide whether the arrest is justified, or they have to release the suspect.

ROR is release on own recognizance which is simply a release secured by a suspect's written promis to appear in court.

Beyond a reasonable doubt is when there is enough evidence that there is no doubt the crime was committed.

The death penalty is when someone is put to death for a crime they committed. If you are sentenced to death there is an automatic appeal trial.

The U.S. supreme Court ruled that juries and not judges alone must determine whether death is the appropriate penalty in a capital case.

The court held that the capital punishment statutes in this and 2 other cases were unconstitutional because they gave the jury complete discretion to decide whether to impose the death penalty or a lesser punishment in capital cases. After this the death sentence was suspended for the first time in history. (June 29, 1972)

The Court wrote statutes that struck a reasonable balance between giving the jury some guidance and allowing it to consider the background and character of the defendadnt and the circumstances of the crime.

1. Lethal Injection

2. Electricution

3. Lethal Gas

4. Hanging

5. Firing Squad

1. Retribution

2. Incapacitation

3. Deterrence

4. Rehabilitation

5. Restoration has been gaining more attention as a punishment rationale

1. Original Jurisdiction

2. Appellate Jurisdiction

3. General Jurisdiction

4. Special Jurisdiction

5. Subject Matter Jurisdiction

6. Personal Jurisdiction

1. Birurcated Trial- A two-stage trial(unlike a one-stage trial in other felony cases) consisting of a guilt phase and a separate penalty phase.

2. Guidelines for judges and juries- consider all the facts or situations that are blameworthiness and/or punishable.

3. Automatic appelte review- provide for automatic appellate review of all death sentences, regardless of the defendant's wishes.