CH7: courts and adjudication

adversarial process

Court process, employed in the United States and other former British colonies, in which lawyers for each side represent their clients’ best interests in presenting evidence and formulating arguments as a means to discover the truth and protect the rights of defendants.

inquisitorial process

Court process, employed in most countries of the world, in which the judge takes an active role in investigating the case and examining evidence by, for example, questioning witnesses.

jurisdiction

The geographic territory or legal boundaries within which control may be exercised; the range of a court’s authority.

trial courts of limited jurisdiction

Criminal courts with trial jurisdiction over misdemeanor cases and preliminary matters in felony cases. Sometimes these courts hold felony trials that may result in penalties below a specific limit.

trial courts of general jurisdiction

Criminal courts with jurisdiction over all offenses, including felonies. In some states, these courts also hear appeals.

appellate courts

Courts that do not try criminal cases, but hear appeals of decisions of lower courts.

problem-solving courts

Lower-level local courts dedicated to addressing particular social problems or troubled populations. Examples of such courts include drug courts, domestic violence courts, and mental health courts.

partisan election

An election in which candidates openly affiliated with political parties are presented to voters for selection.

nonpartisan election

An election in which candidates’ party affiliations are not listed on the ballot.

merit selection

A reform plan by which judges are nominated by a committee and appointed by the governor for a given period. When the term expires, the voters approve or disapprove the judge for a succeeding term. If the judge is disapproved, the committee nominates a successor for the governor’s appointment.

prosecuting attorney

A legal representative of the state with sole responsibility for bringing criminal charges. Depending on the state, this person is referred to as the district attorney, state’s attorney, commonwealth attorney, or county attorney.

United States attorneys

Officials responsible for the prosecution of crimes that violate the laws of the United States. Appointed by the president and assigned to a U.S. district court jurisdiction.

state attorney general

Chief legal officer of a state, responsible for both civil and criminal matters.

count

Each separate offense of which a person is accused in an indictment or an information.

discovery

A prosecutor’s pretrial disclosure to the defense of facts and evidence to be introduced at trial.

nolle prosequi

An entry, made by a prosecutor on the record of a case and announced in court, indicating that the charges specified will not be prosecuted. In effect, the charges are thereby dismissed.

accusatory process

The series of events from the arrest of a suspect to the filing of a formal charge (through an indictment or information) with the court.

defense attorney

The lawyer who represents accused defendants and convicted offenders in their dealings with criminal justice.

assigned counsel

An attorney in private practice assigned by a court to represent an indigent defendant. The attorney’s fee is paid by the government with jurisdiction over the case.

contract counsel

An attorney in private practice who contracts with the government to represent all indigent defendants in a county during a period of time and for a specified dollar amount.

public defender

r An attorney employed on a full-time, salaried basis by a public or private nonprofit organization to represent indigent defendants.

local legal culture

Norms shared by members of a court community as to how cases should be handled and how a participant should behave in the judicial process.

going rate

Local court officials’ shared view of the appropriate sentence for a given offense, the defendant’s prior record, and other case characteristics.

continuance

An adjournment of a scheduled case until a later date.

work group

A collection of individuals who interact in the workplace on a continuing basis, share goals, develop norms regarding how activities should be carried out, and eventually establish a network of roles, all of which differentiate the group from others and facilitate cooperation.