Chapter 9-11 Vocab for Test

Sentencing

Imposition of a penalty on a person convicted of a crime.

Retribution

The act of taking revenge on a criminal perpetrator.

Incapacitation

The use of imprisonment or other means to reduce the likelihood than an offender will commit future offenses.

Deterrence

A goal of criminal sentencing that seeks to inhibit criminal behavior through the fear of punishment.

Recidivism

The act of relapsing into a problem or criminal behavior during or after receiving sanctions, or while undergoing an intervention due to a previous behavior or crime.

Rehabilitation

The attempt to reform a criminal offender. Also, the state in which a reformed offender is said to be.

Restoration

A goal of criminal sentencing that attempts to make the victim and the community "whole again."

Proportionality

A sentencing principle that holds that the severity of sanctions should bear a direct relationship to the seriousness of the crime committed.

Equity

A sentencing principle, based on concerns with social equality, that holds that similar crimes should be punished with the same degree of severity, regardless of the social or personal characteristics of the offenders.

Aggravating Circumstances

Circumstances relating to the commission of a crime that make it more grave than the average instance of that crime.

Diversion

The official suspension of criminal or juvenile proceedings against an alleged offender at any point after a recorded justice system intake, but before the entering of a judgement, and referral of that person to a treatment or care program administered by a nonjustice or private agency. Also, release without referral.

Capital Punishment

The death penalty. The most extreme of all sentencing options.

Mitigating Circumstances

Circumstances relating to the commission of a crime that may be considered to reduce the blameworthiness of the defendant.

Writ of habeas corpus

A writ that directs the person detaining a prisoner to bring him or her before a judicial officer to determine the lawfulness of the imprisonment.

Wrongful Conviction

An unfair criminal conviction, often made on the basis of inadequate representation by counsel, inaccurate forensic analysts, eye witness misidentification, and improper behavior by prosecutors, law enforcement officers, or jury members.

Exoneration

The reversal of a criminal conviction by appropriate judicial authority.

Pretrial Release

The release of an accused person from custody, for all or part of the time before or during prosecution, on his or her promise to appear in court when required.

Bail Bond

A document guaranteeing the appearance of a defendant in court as required and recording the pledge of money or property to be paid to the court if he or she does not appear, which is signed by the person to be released and anyone else acting on his or her behalf.

Release on Recognizance

The pretrial release of a criminal defendant on his or her written promise to appear in court as required. No cash or property bond is required.

Conditional Release

The release of a pretrial defendant by a judge, typically involving conditions that the defendant must meet in order to avoid custody prior to or during a trial.

Plea

In criminal proceedings, the defendant's formal answer in court to the charge contained in a complaint, information, or indictment that he or she is guilty of the offense charged, is not guilty of the offense charged, or does not contest to the charge.

No Contest

A plea of no contest. Is used when the defendant does not wish to contest conviction. Because the plea does not admit to guilt, it cannot provide the basis for later civil suits that might follow a criminal conviction.

Plea Bargaining

The process of negotiating an agreement among the defendant, prosecutor, and the court as to an appropriate plea and associated sentence in a given case.

Adversarial System

Two-sided structure under which American criminal trial courts operate. This system pits the prosecution against the defense. In theory, justice is done when the most effective adversary is able to convince the judge or jury that his or her perspective on the case is the correct one.

Peremptory Challenge

The right to challenge a potential juror without disclosing the reason for the challenge.

Voir Dire

During jury selection when both prosecution and defense attorneys question potential jurors in a process.

Sequestered Jury

A jury that is isolated from the public during the course of a trial and throughout the deliberation process.

Evidence

Anything useful to a judge or jury in deciding the facts of the case. Evidence may take the form of witness testimony, written documents, videotapes, magnetic media, photographs, physical objects, and so on.

Direct Evidence

Evidence that, if believed, directly proves a fact. Eyewitness testimony and videotaped documentation account for the majority of all direct evidence heard in the criminal court room.

Circumstantial Evidence

Evidence that requires interpretation or that requires a judge or jury to reach a conclusion based on what the evidence indicates.

Testimony

Oral evidence offered by a sworn witness on the witness stand during a criminal trial.

Perjury

The intentional making of a false statement as part of the testimony by a sworn witness in a judicial proceeding on a matter relevant to the case at hand.

Hearsay

Something that is not based on the personal knowledge of a witness. Witnesses who testify about something they have heard, for example, are offering hearsay by repeating information about a matter of which they have no direct knowledge.

Reasonable Doubt

In legal proceedings, an actual and substantial doubt arising from the evidence, from the facts or circumstances shown by the evidence, or from the lack of evidence.

Reasonable Doubt Standard

The standard of proof necessary for conviction in criminal trials.

Verdict

The decision of the jury in a jury trial or of a judicial officer in a nonjury trial.

Federal Court System

The three-tiered structure of federal courts, comprising U.S district courts, U.S courts of appeal, and the U.S Supreme Court.

State Court System

A state judicial structure. Most states have at least three court levels: trial courts, appellate courts, and a state supreme court.

Jurisdiction

The territory, subject matter, or people over which a court or other justice agency may exercise lawful authority, as determined by statute or constitution.

Original Jurisdiction

The lawful authority of a court to hear or to act on a case from its beginning and to pass judgement on the law and the facts. The authority may be over a specific geographic area or over particular types of cases.

Appellate Jurisdiction

The lawful authority of a court to review a decision made by a lower court.

Courts of Limited Jurisdiction

Courts of law that have jurisdiction on a restricted range of cases, primarily lesser criminal and civil matters, including misdemeanors, small claims, traffic, parking, and civil infractions. Such courts are also called inferior courts or lower courts. They can also handle the preliminary stages of felony cases in some states.

Courts of General Jurisdiction

Courts of law with primary jurisdiction on all issues not delegated to lower courts. Most often called major trial courts, they most often hear serious criminal or civil cases. Cases are also designated to courts courts of general jurisdiction based on the severity of the punishment or allegation or on the dollar value of the case.

Court of Last Resort

The court authorized by law to hear the final appeal on a matter.

Appeal

Generally, the request that a court with appellate jurisdiction review the judgement, decision, or order of a lower court and set it aside (reverse it) or modify it.

Judicial Review

The power of a court to review actions and decisions made by other agencies of government.

Defense Council/Attorney

A licensed trail lawyer hired or appointed to conduct the legal defense of a person accused crime and to represent him or her before a court of law.

Judge

An elected or appointed public official who presides over a court of law and who is authorized to hear and sometimes decide cases and to conduct trials.

Prosecutor

An attorney whose official duty is to conduct criminal proceeding on behalf of the state or the people against those accused of having committed criminal offenses. Also called county attorney; district attorney; state's attorney; U.S attorney.

Exculpatory Evidence

Any information having a tendency to clear a person of guilt or blame.

Public Defender

An attorney employed by a government agency or subagency, or by a private organization under contract to a government body, for the purpose of providing defense services to indigents, or an attorney who has volunteered such service.

Expert Witness

A person who has special knowledge and skills recognized by the court as relevant to the determination of guilt or innocence. Expert witnesses may express opinions or draw conclusions in their testimony.

Lay Witness

An eye witness, character witness, or other person called on to testify who is not considered an expert. They must testify to facts only and may not draw conclusions or express opinions.

Subpoena

A written order issued by a judicial officer or grand jury requiring an individual to appear in court and to give testimony or to bring material to be sued as evidence. Some subpoenas mandate that books, paper, and other items be surrendered to the court.

Change of Venue

The movement of a trial or lawsuit from one jurisdiction to another or from one location to another within the same jurisdiction. A change of venue may be made in a criminal case to ensure that the defendant receives a fair trial.