Chapter 1 Criminal Court Process Lecture

Comprehensive vocabulary flashcards covering the components, structures, principles, constitutional amendments, and procedures of the American criminal court process.

Three Branches of Government

The branches that divide governmental power: the Executive Branch (President), Legislative Branch (Congress), and Judicial Branch (Courts).

Dual Court System

The division of the American judicial system into two parallel systems: state courts and federal courts.

Functions of the Courts

The core responsibilities of courts: to settle disputes, create law, and interpret laws.

Civil and Criminal Systems

The two primary legal divisions comprising the American legal system.

Court Hierarchy (Authority)

The ranking of court authority from highest to lowest: Supreme Court, Appellate Court, and Trial Court / District Court.

Prosecutor (District Attorney)

The government attorney responsible for trying and convicting an accused individual in a criminal case.

Defendant

The person formally accused of committing a crime and brought to trial in a court of law.

Beyond a Reasonable Doubt

The high standard of proof legally required to convict a defendant of a crime.

Criminal Justice System

The collection of public agencies—primarily police, courts, and institutional and community-based corrections—involved in implementing public policy concerning crimes.

Sources of American Law

The foundational origins of law in the United States, consisting of Constitutions, Statutes, Administrative Regulations, and Judge-made law.

Stare Decisis

The judicial doctrine of adhering to established precedent in judge-made law.

Legal Citation Components

The standard elements used to cite judicial decisions, including the appellant, respondent, volume number, legal reporter/text, page number, and year of the case.

Substantive Law

The statutory rules and principles that create and define legal rights and obligations.

Procedural Law

The set of legal rules that establishes the method and process of enforcing substantive legal obligations.

Due Process

The constitutional mandate requiring the state to respect all legal rights owed to a person, serving to balance state power and protect individuals from government overreach.

Fourth Amendment

The constitutional amendment protecting individuals against unreasonable search and seizure.

Fifth Amendment

The constitutional amendment guaranteeing protection against double jeopardy and self-incrimination.

Sixth Amendment

The constitutional amendment granting the rights to a speedy, public, and fair trial, notice of charges, cross-examination, and legal counsel in criminal proceedings.

Eighth Amendment

The constitutional amendment that prohibits excessive bail, excessive fines, and cruel and unusual punishment.

Plea Bargain

A negotiated resolution resolving $90\text{--}95\%$ of all felony criminal cases prior to reaching a trial.

Federal Court Hierarchy

The four-tier structure of federal courts from lowest to highest: Magistrate Courts, District Courts, Circuit Court of Appeals, and the US Supreme Court.

State Court Hierarchy

The structure of state judicial systems: Trial courts of limited jurisdiction (magistrate), Trial courts of general jurisdiction (district), Intermediate Court of Appeals (in 39 states), and the Appellate Court of last Resort (usually state supreme court).

Trial Courts

Courts where proceedings are conducted, jurors are sworn, witnesses are questioned, felony cases are processed and determined, and questions of fact are decided by applying the law.

Appellate Courts

Courts that review trial court rulings to resolve questions of law without conducting trials, hearing witnesses, or empannelling juries.

U.S. Supreme Court

The highest court of last resort that hand-selects fewer than 85 cases per year, primarily hearing cases that impact society as a whole.

Levels of Crime

The three classifications of offenses based on severity: Felonies (most severe punishment), Misdemeanors, and Violations.

Corpus Delicti

The foundational elements required to prove a crime occurred: Actus reus, Mens rea, Union of Act and Intent, Attendant Circumstances, and Results.

Actus Reus

The 'guilty act' or unlawful physical conduct required as an element of a crime.

Mens Rea

The 'guilty intent' or culpable mental state required as an element of a crime.

First-Degree Intentional Homicide (Wis. Stat 940.01)

A Class A felony under Wisconsin law defined as causing the death of another human being with intent to kill that person or another.

Theft (Wis. Stat 943.20)

Intentionally taking, carrying away, using, transferring, concealing, or retaining possession of movable property of another without consent and with intent to permanently deprive the owner of its possession.

Criminal Defenses

Legal defenses raised against criminal charges, including alibi defenses, mistake of fact, necessity, justifications (self-defense), procedural defenses, excuse, infancy, juvenile delinquency, and insanity or mental illness.

Steps in a Felony Prosecution

The sequence of 11 stages in a felony case: Arrest, Initial appearance, Bail, Grand jury or preliminary hearing, Arraignment, Discovery, Pretrial motions, Plea negotiations, Trial, Sentencing, and Appeal.