CRJU 100 final review

are federal and state court systems separate?

yes

what court hears cases first

trial courts

What do appellate courts review?

lower court decisions

what are us district courts

federal trial courts

what is the supreme court known as

court of last resort

what do municipal courts handle

misdemeanors

what do common plea courts handle

felonies

who has discrestion when it comes to charges

prosecutors; one of the greatest source of power in the system is the prosecutorial discretion

what does bail help ensure

appearance in court and public safety

what is a release on recognizance

release based on the written promise to appear

how are most cases resolved

plea bargains

what are the three types of plea bargaining

charge, count, and sentencing

motion to suppress

asks court to exclude illegally obtained evidence

motion to dismiss

argues charges are legally insufficent

motion for change of venue

requests trial be moved due to publicity or bias

purpose of a trial

determine guilt or innocence

burden of proof

beyond a reasonable doubt; defendant does not prove innocence, prosecution must prove guilt

6th amendment ensures

right to speedy trial

voir dire

process of determing who will be on the jury

challenge for cause

juror cannot be fair impartial

peremptory challenge

attorney can remove juror without giving a reason

direct evidence

proves a fact immediately

process of a trial

jury selection, opening statements, prosecution case, defense case, closing arguments, jury instructions, deliberation, verdict

circumstantial evidence

requires inference

exculpatory evidence

evidence that excludes; proves innocence

inculpatory evidence

evidence that includes; proves guilt

trial outcomes

guilty, not guilty, hung jury, mistrial

what do appeals focus on?

legal errors, not new evidence

five sentencing goals

retribution, incapacitation, deterrence, rehabilitation, restoration

retribution

punishment should fit the crime

incapacitation

remove offender from society

general deterrence

discourage public offending

specific deterrence

discourage offender from repeating crime

Rehabilitation

enter back into society

restoration

make the community better after the crime

indeterminate sentencing

broad sentencing range (3-15 years)

determinate sentencing

fixed sentence length

mandatory sentence

judge has no flexibility; must be a certain amount

presumptive sentencing

expected range, judge makes decision based on many factors

presentence investigation (psi)

report prepared by a probation officer; includes criminal history and background information; helps judge decide sentence

traditional sanctions

fine, probation, imprisonment, death penalty

probation

court ordered supervision in the community; sentence instead of prison

parole

supervised release after prison

revocation

supervision is cancelled and offender may return to prison

split sentence

short jail sentence followed by probation

shock incarceration

military-style boot camp

prison

long-term facility; houses convicted offenders

jail

short-term facility; often houses pretrial detainees

maximum security prison

very limited movement, guard towers, significant restrictions

medium security prison

high restrictions, some movement

minimum security prison

low-risk nonviolent offenders, shorter sentences, dorm style

ADMAX

highest security, extreme isolation

design capacity

how many a prison was originally built to house

operational capacity

how many inmates a prison can hold based on current staffing

rated capacity

number of inmates officials and experts say the prison should hold

prisonization

adapting to prison life and subculture

deprivation model

prison culture develops because inmates lose freedom, privacy, and autonomy

importation model

inmates bring outside values into prison

parens patriae

state acts as parent for youth

juvenile court process

intake, adjudication, disposition, review

Adjudication

equivalent of a trial

disposition

equivalent of sentencing

transfer to adult court methods

judicial waiver, prosecutorial discretion, statutory exclusion

kent v united states

hearing required before transfer to adult court

in re gault

right to counsel and other due process protections

in re winship

beyond a reasonable doubt required

McKiever v. Pennsylvania

no constitutional right to jury trial in juvenile court

roper v simmons

no death penalty for juveniles

graham v florida

no life without parole for nonhomicide offenses

miller v alabama

mandatory life without parole unconstitutional for juveniles