court procedures

parens patriae

The state can intervene when parents fail in their responsibilities

Juvenile courts

Based primarily on civil law

In re Gault

The case that gave juveniles the right to notice, counsel, confrontation of witnesses, and protection against self-incrimination

Purpose of juvenile courts

Created mostly to separate youth from adult offenders and emphasize rehabilitation

Jury trials in juvenile courts

Juveniles generally do not get jury trials

Juvenile records

Do not transfer automatically to adult court

Constitutional right to a jury trial

Juveniles are not guaranteed jury trials in delinquency cases

Focus of juvenile court

Courts consider both the child's best interest and the community's interest

Types of cases juvenile courts handle

Delinquency cases, Status offenses, Children in need of supervision / child-victims

In re Winship (1970)

The Supreme Court ruled that in juvenile delinquency cases, the government must prove guilt beyond a reasonable doubt when the offense would be a crime for an adult

Purpose of juvenile courts vs. adult courts

Juvenile courts were created to treat children differently from adults by focusing on rehabilitation instead of punishment

adjudicated

Judicial determination (judgment) that a youth is a delinquent or status offender

adjudicatory hearing

Court hearing to determine whether a youth is responsible for an offense and therefore should be adjudicated a delinquent

automatic waivers

Require adult criminal courts to handle all subsequent offenses allegedly committed by a juvenile after an initial transfer to adult court

blended sentencing

A sentencing scheme that allows criminal court judges to impose juvenile dispositions on youthful offenders transferred to criminal court under certain circumstances

child-victims

A type of juvenile court case involving a child who has been abused and/or neglected by parents or legal guardians

children in need of supervision

A type of juvenile court case involving a child who has been abused and/or neglected by parents or legal guardians

conference

Juvenile court proceeding roughly equivalent to a preliminary hearing, in which the suspect is informed of his or her rights and a disposition decision may be reached

delinquency

An act committed by a juvenile that would require an adult to be prosecuted in a criminal court

detention

Holding a youth in custody before case disposition

dismissal

Cases terminated (including those warned, counseled, and released) with no further disposition anticipated

disposition

A court decision about what will happen to a youth who has not been found innocent

initial hearing

In juvenile court, an often informal hearing during which an intake decision is made

intake decision

The decision made by a juvenile court that results in the case being handled either informally at the intake level or more formally by petition and scheduled for an adjudicatory or transfer hearing

judicial waiver

Laws that permit—and sometimes even require—juvenile court judges to transfer jurisdiction over a juvenile delinquency case to adult court for criminal prosecution

juveniles

Youth at or below the upper age of juvenile court jurisdiction

juvenile court

Any court that has jurisdiction over matters involving juveniles

lower age of jurisdiction

Minimum age at which a youth may be transferred to adult court.

nonpetitioned cases

A case handled informally by duly authorized court personnel

other dispositions

Miscellaneous dispositions, including fines, restitution, community service, and referrals outside the court for services, with minimal or no further court involvement anticipated.

petition

The state as parent; the state as guardian and protector of all citizens (such as juveniles) who are unable to protect themselves

placement

Cases in which youths are placed in a residential facility or otherwise removed from their homes and placed elsewhere.

probation

Punishment for a crime that allows the offender to remain in the community without incarceration but subject to certain conditions

probation officers

Employee of probation agency, responsible for supervision of convicted offenders who have been released to the community under certain conditions of good behavior.

prosecutorial waivers

Laws granting prosecutors the discretion to file delinquency petitions in juvenile court or file criminal charges in adult court.

referral

A request by a law enforcement agency, governmental agency, parent, or individual that a juvenile court take jurisdiction of a youth. A referral initiates court processing.

reverse waivers

A process that allows a juvenile to petition a criminal court to transfer jurisdiction over an offense to a juvenile court.

status offenses

Behavior that is considered an offense only when committed by a juvenile—for example, running away from home.

statutory exclusion/legislative waivers

Laws that grant exclusive jurisdiction over certain offenses to adult criminal courts regardless of the age of the offender.

summons

A legal document ordering an individual to appear in court at a certain time on a certain date.

transfer to criminal court

A case is moved to a criminal court because of a waiver or transfer hearing in the juvenile court.

upper age of jurisdiction

The oldest age at which a juvenile court has original jurisdiction over an individual for behavior that violates the law.

dual court system

The United States has two separate court systems: the federal courts and the state courts.

concurrent jurisdiction

Both the federal and state courts have the power to hear the same type of case. For example, drug crimes can be tried in either system.

Judiciary Act of 1789

It created the federal court system, including district courts, and established the structure and function of the judiciary.

U.S. Court of Appeals

It reviews cases that have already been decided in U.S. district courts to ensure the law was applied correctly.

rule of four

At least four justices must agree to hear a case in order to grant a writ of certiorari.

Supreme Court

The Supreme Court chooses which cases it hears through the certiorari process.

Federal district courts

The trial courts in the federal system that handle trials and original jurisdiction for federal cases.

Magistrate judges

Judges who handle preliminary felony proceedings but cannot preside over felony trials.

Jurisdiction

A court's power to decide a case.

Types of jurisdiction

Geographical, subject matter, personal, and hierarchical jurisdiction.

Writ of certiorari

The order used by the Supreme Court to review a lower court decision.

Venue

The specific geographic location where a court case should be heard within the court's jurisdiction.

Appellate courts

Courts that review lower court decisions and ensure the law was applied properly without retrying cases or hearing witness testimony.

Trial courts

Courts that handle original cases, hear witnesses, review evidence, conduct trials, and determine guilt or innocence.

Appellate jurisdiction

The authority of a court to hear, determine, and render judgment in an action on appeal from an inferior court.

Article I

Section of the U.S. Constitution concerning the legislative branch of the national government.

Article III

Section of the U.S. Constitution concerning the judicial branch of the national government.

Bankruptcy judges

Judicial officers who preside over the legal procedure under federal law by which a person is relieved of all debts after placing all property under the court's authority.

Bivens Civil Rights actions

The class of civil lawsuits that may be filed against federal officials for an alleged deprivation of one's constitutional rights.

Constitutional courts

Federal courts created by Congress by virtue of its power under Article III of the Constitution to create courts inferior to the Supreme Court.

Circuit justice

The justice of the U.S. Supreme Court assigned to issue temporary rulings for a judicial circuit.

Diversity of citizenship

When parties on opposite sides of a federal lawsuit come from different states, allowing jurisdiction of the U.S. district courts if the case involves a controversy concerning $75,000 or more.

En banc

French term referring to the session of an appellate court in which all the judges of the court participate.

Enemy combatants

People the United States regards as unlawful combatants, who do not qualify for prisoner-of-war status under the Geneva Conventions.

Extradition

Legal process whereby officials of one state or country surrender an alleged criminal offender to officials of the state or country in which the crime is alleged to have been committed.

Federal question

A case that contains a major issue involving the U.S. Constitution or U.S. laws or treaties.

geographical jurisdiction

Geographical area over which courts can hear and decide disputes.

habeas corpus

Latin phrase meaning "you have the body"; a writ inquiring of an official who has custody of a person whether that person is being lawfully imprisoned or detained.

habeas corpus petitions

The petition a person in custody files with a court, seeking the court to order his or her release by granting a writ of habeas corpus on the grounds that the continued detention of the person violates the constitution.

hierarchical jurisdiction

Refers to differences in the functions of courts and involves original as opposed to appellate jurisdiction.

legislative courts

Judicial bodies created by Congress under Article I (legislative article) and not Article III (judicial article).

mandamus petitions

A type of lawsuit in which a plaintiff seeks a court order commanding someone to perform an act or duty imposed by law as an obligation.

motions to vacate sentence

Filings by prisoners who seek to have their sentences set aside or changed on the grounds that the sentence was imposed in violation of the Constitution or laws of the United States.

original jurisdiction

Jurisdiction in the first instance; commonly used to refer to trial jurisdiction as opposed to appellate jurisdiction.

personal jurisdiction

The power of a court over a particular person or legal entity (such as a partnership or corporation).

prisoner petitions

Civil lawsuit filed by a prisoner alleging violations of his or her rights during trial or while in prison.

Section 1983

The shorthand way of referring to 42 U.S.C. § 1983, a statute that allows a person to sue someone acting under color of state law for an alleged deprivation of constitutional rights.

subject matter jurisdiction

Types of cases that courts have been authorized to hear and decide.

stay

The temporary suspension of a case or of specific proceedings within a case.

trial court

Judicial body with primarily original jurisdiction in civil or criminal cases. Juries are used, and evidence is presented.

U.S. courts of appeals

Intermediate appellate courts in the federal judicial system.

U.S. district courts

Trial courts established in the respective judicial districts into which the United States is divided. These courts are established for the purpose of hearing and deciding cases in the limited districts to which their jurisdiction is confined.

U.S. magistrate judges

Judicial officers appointed by the U.S. district courts to perform the duties formerly performed by U.S. commissioners and to assist the court by serving as special masters in civil actions, conducting pretrial or discovery proceedings, and conducting preliminary review of applications for post-trial relief made by individuals convicted of criminal offenses.

U.S. Supreme Court

The nation's highest court, composed of nine justices nominated by the president and confirmed by the Senate.

presumption of innocence

Presumption of innocence means that a person accused of a crime is considered innocent until proven guilty in court.

purpose of corrections

The purpose of corrections is to punish, rehabilitate, and supervise individuals who have been convicted of crimes.

burden of proof in a criminal case

The burden of proof in a criminal case is the obligation to prove the defendant's guilt beyond a reasonable doubt.

Burden of proof

In a criminal case, the burden of proof is 'beyond a reasonable doubt,' meaning the prosecution must prove the defendant's guilt to a high level of certainty.

CSI Effect

The CSI Effect has caused some juries to expect more forensic evidence in trials and hesitate to convict without it, even when other strong evidence exists.

Miranda Rights

Miranda Rights inform suspects of their right to stay silent and their right to have an attorney present.

Body cameras

Body cameras can miss important angles, fall off, malfunction, or fail to capture the entire situation.

Plea bargaining

The process of negotiating a plea before trial is called plea bargaining.

Due process

Due process is the requirement that the government must follow fair legal procedures and respect all legal rights of an individual.

Parole

Parole allows offenders to finish their sentence in the community after serving time in prison.

Stages of the criminal justice process

The criminal justice process starts with investigation and arrest when police find probable cause, followed by charges, initial hearing, hearings, plea negotiations, trial, sentencing, and possible appeal.

Assembly-line justice

Assembly-line justice means that cases are processed quickly and impersonally, treating defendants as objects to be moved through the system rather than as individuals.

Discretion

Discretion is the lawful ability of government officials—like judges, prosecutors, and police—to make decisions and exercise judgment without strict rules controlling every choice.

Courtroom work group

The main members of the courtroom work group are the judge, prosecutor, and defense attorney, who work together regularly to process cases.