CCJ 274: Criminal Justice System - Exam 3 Study Guide

Comprehensive vocabulary flashcards covering the key terms, legal concepts, court structures, pretrial and trial procedures, and sentencing doctrines for CCJ 274: Criminal Justice System Exam 3.

Acquit

A formal judicial ruling or jury verdict certifying that an accused person is not guilty of the criminal charges brought against them.

Adjudicate

The formal legal process of resolving a dispute, hearing evidence, and making a judicial ruling or decision in a case.

Adversarial & inquisitorial systems

Two distinct court frameworks: an adversarial system pits opposing parties (prosecution and defense) against each other before an impartial judge and jury, whereas an inquisitorial system features an active judge who directly directs the investigation, gathers evidence, and interrogates witnesses.

Advocacy model

A legal model where lawyers zealously argue and represent the legal interests of their client within the confines of the law, irrespective of personal beliefs regarding the client's guilt or innocence.

Allen charge

An instruction delivered by a judge to an apparent deadlocked or hung jury encouraging minority jurors to reconsider their viewpoints in order to reach a unanimous verdict and prevent a mistrial.

Alternative dispute resolution (ADR)

Techniques and procedures, such as mediation and arbitration, designed to resolve legal disputes outside of formal courtroom litigation.

Arraignment

A formal court appearance where the defendant is officially notified of the criminal charges, informed of their constitutional rights, and asked to enter an official plea.

Bail Bonds

A financial agreement or pledge, typically arranged through a commercial bail agent for a fee, guaranteeing that a defendant will appear for scheduled court proceedings in exchange for pretrial release.

Bail Reform Act of 1966

Federal legislation creating a statutory presumption favoring release on personal recognizance for non-capital defendants, establishing that bail should not be based solely on financial means.

Bench & Jury trials

Court trials where a bench trial is heard and determined solely by a judge who acts as finder of fact and law, whereas a jury trial is decided by a panel of selected citizens.

Beyond a reasonable doubt

The standard of proof required to convict a defendant in a criminal case, requiring that the evidence leave factfinders with an abiding conviction of the truth of the charge.

Bifurcated trial

A two-stage trial proceeding, frequently used in capital cases, separating the trial into a guilt phase to establish liability and a distinct sentencing phase to determine the penalty.

Bounty Hunters/Bail Recovery Agents

Individuals contracted by commercial bail bond agencies to track down, capture, and return defendants who have failed to appear in court and forfeited their bail.

Challenge for cause

A motion during jury selection to excuse a potential juror based on a specific, articulable reason demonstrating bias, prejudice, or statutory inability to remain impartial.

Challenge to the array

A formal objection challenging the entire jury pool (venire) prior to selection, arguing that the pool was improperly selected, biased, or unrepresentative of the community.

Change of Venue

The transfer of a trial to another judicial jurisdiction or county, often granted to ensure a fair trial when pervasive pretrial publicity has prejudiced the local jury pool.

Circumstantial evidence

Indirect evidence that relies on an inference to connect it to a conclusion of fact rather than establishing the fact directly.

Civil trials

Adversarial legal proceedings between private parties, individuals, or organizations regarding legal responsibilities, rights, and monetary compensation rather than criminal punishment.

Complaint

A formal written document submitted to a judicial officer or magistrate alleging that a designated individual has committed a specific criminal act, often used to initiate proceedings.

Court of last resort

The highest appellate court in a state or the federal system, such as the U.S. Supreme Court, whose decisions represent the final legal authority on questions within its jurisdiction.

Courtroom Workgroup/ Courtroom Community

The professional collaborative collective made up of the judge, prosecutor, and defense attorney who work together regularly and share informal norms to manage court caseloads efficiently.

Crime Victims’ Rights Act & Victim bill of rights

Federal and state statutes granting crime victims formal procedural protections, including the right to be protected, to receive timely notification of proceedings, and to be heard at key court events.

Criminal defenses: Failure of proof, Justification, Excuse

Categories of substantive defenses: failure of proof demonstrates that the prosecution failed to establish all elements beyond a reasonable doubt; justification asserts the act was lawful and right under the circumstances (e.g., self-defense); excuse asserts that the defendant lacked capacity or culpability (e.g., insanity or duress).

Criminal trials

Judicial proceedings in which the government prosecutes an individual accused of violating criminal law, determining guilt or innocence based on presented evidence.

CSI Effect

The phenomenon whereby media and television depictions of forensic science lead jurors to expect unrealistic amounts of sophisticated physical evidence in criminal trials.

Deadlocked

The condition of a jury that is hopelessly deadlocked and cannot reach the consensus or unanimity required for a verdict after prolonged deliberation.

Death qualified & Death penalty

The death penalty refers to capital punishment; a death-qualified jury is one in which prospective jurors opposed to capital punishment under any circumstance are excluded so that all selected jurors can consider imposing the death sentence.

Defense attorney (Private, Public Defenders, Pro bono)

Legal counsel who represent criminal defendants, including privately retained attorneys paid by clients, state-employed public defenders representing indigent defendants, and pro bono attorneys volunteering services without compensation.

Deliberation

The confidential and private discussion among jurors in which they review the trial evidence, apply the jury instructions, and attempt to agree on a verdict.

Determinate & Indeterminate sentencing

Sentencing systems: determinate sentencing mandates a fixed, predetermined prison term, whereas indeterminate sentencing provides an open-ended range (e.g., 5 to 10 years) where a parole board determines actual release based on rehabilitation.

Deterrence

A philosophy of punishment seeking to discourage criminal offenses by imposing sanctions, divided into specific deterrence (aimed at the individual offender) and general deterrence (aimed at the broader public).

Direct evidence

Evidence that directly proves a fact in dispute without requiring an inference, assumption, or presumption, such as eyewitness testimony or clear surveillance footage.

Discovery

The formal pretrial procedure where the prosecution and defense are required to disclose evidence, witness lists, and case-related information to one another.

Discretion

The authority of criminal justice actors (such as judges, prosecutors, and police officers) to choose between different courses of action based on professional judgment.

Diversion

Programs that redirect criminal offenders out of the traditional court processing system and into rehabilitative treatment, community service, or educational programs.

Double jeopardy

A Fifth Amendment constitutional protection preventing an individual from being tried twice for the same specific offense following an acquittal, conviction, or certain mistrials.

Dual court system

The organizational structure of the American judiciary divided into two parallel, independent systems: the federal court system and state court systems.

Dying declaration

A recognized exception to the hearsay rule allowing out-of-court statements made by an individual who believes their death is imminent regarding the circumstances or cause of their impending demise.

Electronic Monitoring

A technological community-supervision tool using GPS or radio-frequency devices to track the movements and ensure curfew compliance of defendants or probationers.

En blanc

A term referring to en banc court proceedings, where all the active judges of an appellate court sit together as a whole panel to hear and decide a case rather than dividing into smaller panels.

Equity

A doctrine of jurisprudence emphasizing fairness, justice, and natural rights, providing remedies where strict statutory or common law rules would lead to unjust results.

Excited utterance

A hearsay exception that admits out-of-court statements made spontaneously in response to a startling event or condition while the speaker was still under the stress of excitement.

Exculpatory evidence

Any evidence favorable to the defense that tends to exonerate, clear, or reduce the criminal liability or guilt of an accused person.

Factual guilt

The objective reality of whether an individual physically committed the criminal act, irrespective of whether the government can legally establish guilt in a court of law.

Federal Rules of Evidence

The codified body of uniform statutory rules governing the introduction, admissibility, and examination of evidence in all federal court proceedings.

Federal Sentencing Guidelines Act

Federal legislation establishing structured, uniform sentencing ranges based on crime severity and prior criminal records, aiming to eliminate nationwide sentencing disparities.

Gideon’s Army documentary

A documentary tracking the personal and professional struggles of young public defenders in the American South, examining systemic underfunding, immense caseloads, and the fight for indigent defense.

Hearsay & Hearsay rule

An out-of-court statement offered by someone other than the declarant to prove the truth of the matter asserted; the hearsay rule generally excludes such testimony from trial due to the inability to cross-examine, subject to specific legal exceptions.

House Arrest

A court-ordered intermediate sanction or pretrial condition requiring an individual to remain confined to their primary residence, often supervised through electronic monitoring.

Hung jury

A jury unable to reach a unanimous verdict after extensive deliberation, requiring the judge to declare a mistrial.

Indictment

A formal written charge issued by a grand jury declaring that there is probable cause to hold an accused individual for trial on specified criminal allegations.

Information

A formal criminal charging document filed directly by a prosecuting attorney against a defendant without requiring a grand jury indictment, typically following a preliminary hearing.

Judicial review

The power of judicial courts to evaluate and invalidate legislative acts, executive directives, or lower court decisions that conflict with the Constitution.

Judiciary Act of 1789

Foundational federal legislation that created the multi-tiered structure of the federal court system, establishing district courts and circuit courts beneath the Supreme Court.

Jurisdiction

The statutory and constitutional authority of a court to hear, decide, and deliver legal judgments regarding specific legal matters or within defined geographic boundaries.

Jury nullification

The practice whereby a jury acquits a factually guilty defendant because it believes the law is unfair, misapplied, or the punishment would be excessively harsh.

Legal guilt

The standard achieved when the prosecution proves a defendant's guilt beyond a reasonable doubt in an established court of law while strictly adhering to constitutional procedural guarantees.

Mandatory minimum

Statutorily set minimum prison sentences that judges are legally obligated to impose upon conviction for certain offenses, eliminating judicial discretion.

Media trial

A high-profile criminal case that receives intense, pervasive press and broadcast attention, potentially influencing public opinion and jury impartiality.

Mediation & Arbitration

Alternative dispute resolution methods: mediation employs an impartial third party to assist parties in reaching a voluntary agreement, whereas arbitration involves a neutral arbitrator who renders a definitive, often binding resolution.

Missouri Plan

A merit selection method for judicial appointments combining a nonpartisan nominating commission, executive appointment, and periodic retention elections by voters.

Mistrial

A trial terminated before a valid verdict can be reached, declared by a judge due to procedural errors, severe misconduct, or a hung jury.

Mitigation

Evidence and circumstances presented during sentencing that suggest reduced personal culpability, justifying a less severe or more lenient sanction.

Motion for change of venue

A formal motion requesting that a trial be relocated to a different geographical jurisdiction to safeguard the defendant's right to an unbiased jury.

Motion for discovery

A formal application asking the court to compel the opposing side to release specified evidence, documents, and witness statements prior to trial.

Motion for expenses of experts

A pretrial motion filed on behalf of indigent defendants asking the court to allocate state funding for expert witnesses or investigative services necessary for an adequate defense.

Motion for recusal

A formal request asking a presiding judge to remove themselves from a case due to a potential conflict of interest, bias, or appearance of partiality.

Motion in limine

A pretrial motion requesting a judge's preliminary order prohibiting the opposing party from mentioning or introducing certain prejudicial or inadmissible evidence at trial.

Motion to suppress

A motion asking the court to exclude specific evidence from trial because it was gathered unlawfully or in violation of the defendant's constitutional rights.

Normal Crime

A sociological concept describing routine criminal offenses that courtroom actors encounter regularly and dispose of quickly through standardized plea bargaining patterns.

OJ Simpson trial

A landmark 1995 celebrity criminal trial that became a defining media trial, spotlighting issues of race, DNA evidence, pretrial publicity, and police procedure in the American court system.

Parole board

An administrative correctional authority with the statutory power to grant, deny, or revoke conditional early release for incarcerated individuals serving indeterminate sentences.

Pattern jury instructions

Pre-drafted, standardized legal instructions used by judges to inform the jury regarding legal principles, elements of the crimes, and burdens of proof.

Perjury

The criminal act of willfully giving false testimony or stating untrue information under an official oath during a judicial proceeding.

Petit juries

Standard trial juries, typically composed of 6 to 12 persons, sworn to determine facts and return a verdict in civil or criminal cases.

Plea bargains

Mutually negotiated agreements in criminal cases where a defendant agrees to plead guilty in exchange for concessions such as reduced charges or lighter sentences.

Preemptory challenge

The procedural right during voir dire to excuse a limited number of prospective jurors without offering any explanation, provided it is not based on race or gender.

Preliminary hearing

An open court hearing before a judge to determine whether there is sufficient probable cause to justify binding a defendant over for trial.

Presentence investigation

A background investigation and report compiled by a probation officer detailing an offender's personal and criminal history to assist the judge in crafting an appropriate sentence.

Pretrial Detention

Holding a defendant in jail prior to trial because they were denied bail or are financially unable to meet bail conditions.

Pretrial Publicity

News and media dissemination regarding a crime or defendant prior to trial that may create community bias and complicate impartial jury selection.

Pro se

A Latin term designating a legal party who elects to represent themselves in court without the assistance of legal counsel.

Proportionality

A constitutional and philosophical principle of sentencing dictating that the severity of a criminal punishment must match the gravity and blameworthiness of the crime.

Prosecutor/ District Attorney/ State Attorney

The government attorney authorized to bring criminal charges against individuals on behalf of the state and conduct the prosecution of the case.

Reading of the verdict

The formal public announcement in open court wherein the jury foreperson delivers the verdict and the judge or clerk reads the findings on the record.

Rebuttal

The presentation of additional witnesses or evidence by a party to discredit, contradict, or disprove evidence brought forward by the opposing party.

Recognizance

The pretrial release of an arrested defendant without requiring a financial bail bond, conditioned solely on the individual's formal written promise to appear in court.

Reputation concerning character

A hearsay exception admitting evidence regarding an individual's general moral reputation and character within their community or among their peers.

Restoration

A sentencing goal focusing on repairing the harm and losses suffered by victims and communities as a result of a crime.

Restorative justice

A criminal justice philosophy that emphasizes healing, victim restitution, offender accountability, and dialogue among victims, offenders, and the community.

Risk Assessment Tools

Actuarial, evidence-based instruments used to evaluate a defendant's risk of flight, failure to appear, or reoffending to guide bail and sentencing decisions.

Sentencing Guidelines

Standardized grids and rules specifying sentence length ranges based on the severity of the offense and the offender's criminal history, aimed at reducing disparities.

Sequestration

The legal isolation of jurors from outside influences, the media, and their families throughout the duration of a high-profile trial or deliberations.

Social debt

A sentencing principle suggesting that an offender's accumulated criminal record represents an unpaid debt to society justifying enhanced punishment for subsequent offenses.

Specialized courts

Problem-solving courts (such as drug, mental health, or veterans courts) that focus on treating underlying behavioral issues through judicial monitoring and social services.

Strict interpretation

A judicial philosophy that interprets constitutional provisions and statutes strictly according to their plain, literal textual meaning.

Three-strikes laws

Statutory mandates requiring extended prison terms or mandatory life sentences for individuals convicted of a third serious felony offense.

Traffic hearings

Specialized quasi-judicial proceedings focused on adjudicating minor moving violations, traffic citations, and administrative driving infractions.

Trial management order

A comprehensive order issued by a judge establishing operational guidelines, evidentiary deadlines, and scheduling requirements for an impending trial.

US Attorneys & Attorney General

The Attorney General is the chief legal officer of the federal government heading the Department of Justice; U.S. Attorneys are appointed federal prosecutors assigned to handle federal criminal and civil litigation within specific federal judicial districts.