LW 101 CH.2

D.O.R.E.

Drug Offender Re-entry program requiring supervision by a probation officer, participation in evaluations, and compliance with treatment.

How do judges get elected?

Judges are often appointed by governors who recommend candidates.

State Court System Organization

Includes trial courts, intermediate appellate courts, and a state supreme court.

Trial Courts

Lower courts handling initial cases in criminal, civil, family, and small claims.

Intermediate Appellate Courts

Review trial court decisions for legal errors; not all states have this level.

State Supreme Court

Final authority on state constitutional matters and significant appeals from lower courts.

Federal Trials Courts

Hear cases involving violations of federal statutes.

Federal Court Appeals

Appeals from U.S. District Courts go to the U.S. Court of Appeals for the respective circuit.

Chief Judge for U.S. District of Guam

Honorable Gatwewood Tydingo.

Chief Judge for FSM

Dennis K. Yamese.

Chief Judge for CNMI

Ramona V. Manglona.

Guam Circuit

Part of the ninth circuit of the United States federal system.

U.S. Supreme Court

The highest level of court in the United States.

Geographical Jurisdiction of a Court

Determined by the specific area where the court has authority.

Statute of Limitations

Sets time limits for initiating legal actions; ensures fairness and prevents outdated claims.

Reasonable Suspicion

Standard allowing police to stop and question a person.

Probable Cause

Required for making an arrest or obtaining a search warrant.

Preponderance of Evidence

Standard of proof for civil cases.

Clear and Convincing Evidence

Higher standard than preponderance of evidence but lower than beyond a reasonable doubt.

Direct Appeals

Appeals made directly to a higher court.

Discretionary Appeals

Appeals that a court may choose to hear or not.

Writ of Certiorari

A petition to have a case heard by the U.S. Supreme Court.

Rule of Four

At least four Supreme Court justices must agree to hear a case.

Habeas Corpus Proceedings

Legal actions ensuring that individuals are not held without legal justification.

Book and Release

Status where an individual is processed and released by law enforcement.

Book and Confined

Status where an individual is processed and remains in custody.

Post-Conviction Proceedings

Legal actions taken by convicted individuals after trials and direct appeals.

Federal Habeas Corpus Petition

Allows prisoners to challenge the legality of their detention.

Clemency

Mercy granted by a governor or president.

Commutation

Reduces a sentence without erasing the conviction.

Pardon

Forgives a crime and often restores certain rights.

Procedural Default

If a claim was not raised during trial or appeal, it may be barred from post-conviction review.

Success Petition

Courts limit the number of post-conviction motions an individual can file.