Criminal Justice Pretrial Procedures and Court System

These flashcards cover key terms and concepts related to pretrial procedures and the court system in criminal justice.

Prosecutorial Discretion

The authority of a prosecutor to decide whether to bring criminal charges and what charges to file based on the evidence and circumstances.

Probable Cause

A reasonable ground to suspect that a crime has been committed, which is necessary to obtain a search or arrest warrant.

Motion to Dismiss

A request for a judge to terminate a case because of insufficient evidence or violation of rights.

Bordenkircher v. Hayes (1978)

A landmark case establishing that a prosecutor’s discretion in charging decisions is largely unreviewable.

Plea Bargain

An agreement in a criminal case where the defendant pleads guilty to a lesser charge in exchange for a lighter sentence.

Jury Selection (Voir Dire)

The process of selecting jurors, where potential jurors are questioned to determine any biases.

Hearsay Rule

The legal rule that prevents the use of out-of-court statements as evidence to prove the truth of the matter asserted.

Exclusionary Rule

A legal principle that prohibits the use of evidence obtained in violation of a defendant's constitutional rights.

Best Evidence Rule

The requirement that the original document be submitted to prove its content unless it is lost or destroyed.

Mitigating Factors

Circumstances that may reduce the severity of a sentence, such as a defendant's remorse or mental health issues.

Aggravating Factors

Circumstances that may increase the severity of a sentence, indicating a higher level of culpability.

Sentencing Guidelines

A set of rules that establish a uniform policy for determining the appropriate sentence for a given offense.

Retribution

A punishment philosophy asserting that offenders deserve to be punished for their wrongdoing.

Deterrence

The use of punishment as a threat to prevent future crimes, both for the individual (specific deterrence) and the public (general deterrence).

Rehabilitation

A goal of punishment focusing on reforming the offender's behavior to prevent future offenses.

Incapacitation

A strategy to prevent future crimes by removing offenders from society, typically through imprisonment.

Restorative Justice

An approach to justice that emphasizes repairing the harm caused by criminal behavior through reconciliation with victims and the community.

Juvenile Court Jurisdiction

Juvenile courts have jurisdiction over individuals under the age of 18 accused of delinquency or status offenses.

Direct Appeal

An appeal filed immediately after conviction, challenging legal errors that occurred during the trial.

Collaterally Appeal

An appeal filed after direct appeal has been exhausted, often involving new claims about constitutional violations.

Drug Court

A specialized court focused on rehabilitating drug offenders by addressing substance abuse issues rather than imposing traditional penalties.