Studied by 1 personBooking
the formal process of making a police record of the request
Arraignment
when the defendant is informed of the charges and advises of their rights, but does not enter a plea until a later stage in the criminal process
Bail
the amount of money posted that must be paid for an arrested person to be released
Personal recognizance
personal bond. To be eligible for release on this, the defendant must promise to return and must be considered a low risk of failing to show up for trial
Information
details the nature and circumstance of the charge from the prosecutor
Preliminary Hearing
a screening process used in about half of the states in felony cases to determine whether there is enough evidence to require the defendant to stand trial
Grand jury
a group of 16 to 23 people charged with determining whether there is sufficient cause to believe that a person has committed a crime and should stand trial
Indictment
formal charge of criminal action
Nolo contendere
a plea in which the defendant does not admit guilt but also does not contest the charges. Equivalent to pleading guilty
Pretrial motion
preliminary proceeding that is a formal request that a court make a ruling or take some other action
Motion for discovery of evidence
a request by the defendant to examine, before trial, certain evidence in the possession of the prosecutor
Motion for a continuance
request that seeks more time to prepare the case
Motion for a change of venue
a request to change the location of a trial to avoid community hostility, for the convenience of witnesses, or for other reasons.
Motion to suppress evidence
most important and controversial pretrial motion. A request that certain evidence not be allowed to be presented in the trial
Exclusionary rule
a rule that the Fourth Amendment needs. Means that any evidence illegally seized by law enforcement officials cannot be used to convict the accused at trial. Also applies to evidence obtained from illegal questioning of the accused.
Judicial integrity
the idea that courts should not be parties to lawbreaking by the police
Deterrence
the police will be less likely to violate a citizen’s rights if they know that illegally seized evidence will be thrown out of court
Plea bargaining
the process of granting certain concessions to the defendant in exchange for a plea of guilty
Due process
fair procedures
Waive
give up
Voir dire
the process of the prosecutor and defense lawyer selecting the members of the jury
For-cause challenge
either lawyer requesting that a potential juror be eliminated for some specific reason
Peremptory challenge
the limited number of requests that a potential juror be eliminated without stating a specific reason
Subpoena
a court order
Contempt of court
when the defendant is disruptive/disrespectful to the court
Immunity
meaning that a witness cannot be prosecuted based on info provided in a testimony
Indigent
those without financial means
Double jeopardy
from the Fifth Amendment. Means that a defendant cannot be prosecuted a second time for the same offense after either an acquittal or conviction
Mistrial
a trial rendered invalid through an error in the proceedings
Petitioner/Appellant
the defendant in an appeals court. Must convince court that there were serious errors of law made at the og trial
Writ
an order from a higher court to either a lower court or to a government official. How a defendant applies to a court for help
Habeas corpus
a writ that claims that a defendant is being held illegally and requests release
Suspended sentence
a sentence that is given but doesn’t have to be served at the time it’s imposed. Defendant may only have to serve it later if they are arrested on another charge or violates a condition of probation
Probation
how a defendant can be released. Done under supervision of a probation officer after agreeing to meet certain conditions
Home confinement
the defendant is sentenced to serve the term at home. Can only leave for essential purposes and sometimes has to wear electronic monitoring device
Fine
amount of money set by court
Restitution
money defendant must pay to make up for whatever loss or injury was caused to the victim of the crime
Work release
the defendant can work in the community but must return to prison at night or on weekends
Imprisoned
a defendant that has to serve a term in jail or prison
Death penalty
a defendant is sentenced to death for their crime
Presentence report
a report prepared by a probation department that contains a description of the offense and sets out the circumstances surrounding it. Also describes defendant’s past criminal record, data on their background, and has recommended sentence
Retribution
the primary reason for punishing a criminal way back when. Instead of individuals seeking revenge, society, through the criminal justice system, takes on role of punishing those who break the laws
Deterrence
punishing a criminal to discourage them from committing another crime in the future. Punishment will also deter others from committing similar crimes
Rehabilitation
helping convicted persons change their behavior so that they can lead useful and productive lives after their release
Incapacitation
the criminal is physically separated from the community and the community is protected as a result
Parole
the release of a convicted person from prison before their entire sentence has been served
Capital Punishment
AKA the death penalty and the most controversial sentence given to defendants
Aggravating circumstances
factors that suggest the defendant deserves a more severe punishment
Mitigating circumstances
factors that suggest the defendant deserves a less severe punishment
Reentry
a program designed to reduce serious crime committed by ex offenders. Three phases: correctional institutions, actual transition back into community, Give ppl who left the justice system’s supervision a network of social services agencies and community- based organizations
Parens partriae
Latin for “parent of the country” the right of the state to intervene in the life of a child is based on this.
Delinquent offenders
youths who have committed acts that would be crimes if by committed by adults under federal, state, or local law
Status offenders
youths who have committed acts that would not be crimes if committed by adults (running away from home, skipping school, violating curfew, etc)
Neglected/Abused Children
kids that need the court’s protection from a parent or guardian. Child’s parent either is charged for not caring for the child, or charged for abusing the child.
Juvenile waiver
most common approach for trying juveniles in adult court. Let juvenile court judges to waive juveniles to adult court (after a hearing) for prosecution
Statutory Exclusion
second most common approach to trying juveniles in adult court. Passing a state law that required certain offenses committed by juveniles to be prosecuted in adult court. AKA automatic transfer
Direct File
the third approach to trying juveniles in adult court. Gave prosecutors discretion to file charges against juveniles in adult criminal court
Intake
the informal process in which court officials or social workers decide if a complaint against a juvenile should be referred to juvenile court
Initial hearing
the hearing that juveniles who are taken into custody and formally referred to juvenile court are entitled to. State must generally prove that an offense was committed and that there is reasonable cause to believe that the accused committed it. If the state wants to further detain the juvenile, it must prove that the juvenile is a danger to themselves or others, is likely to run away if released, or has a past record that warrants detention
Preventative detention
the judge’s decision that a juvenile is better off in detention than in his or own home until the trial
Adjudicatory hearing
a fact-finding hearing. Closed to the public and names of accused and details of the offense are withheld from the press
Disposition
the sentence a juvenile receives
Aftercare
what a juvenile may be placed in after being released from an institution. Equivalent to an adult’s parole
Expunged
done in a few states. Juvenile records are automatically sealed when the juvenile reaches the age of 18 or 21
Habeas corpus
a legal means by which prisoners can challenge the constitutionality of their imprisonment in court.
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Flashcard (40)