introduction to corrections: criminal justice system overview

reasonable suspicion

legal standard required for a police officer to stop or detain a suspect

Terry v Ohio

defines reasonable suspicion as the “specific, reasonable inferences” that an officer is entitled to draw from facts considering their experience

probable cause

to believe the arrestee committed/attempted to commit an offense; is legal standard required for a police officer to effectuate an arrest

desk appearance ticket

written note (in lieu of arrest) that an officer gives to an offender, mandating the offender to appear in court for arraignment on an alleged infraction

violations

a non-criminal infraction; maximum jail term: fifteen days

misdemeanors

lowest-level crime (criminal offense); maximum jail term: one year

felonies

highest-level crime; minimum prison term: one year and one day

district attorney

the prosecutor of a local jurisdiction

attorney general

the state prosecutor

US attorney

a federal prosecutor of a particular region

complaint room prosecutor

initially receives case documents from the police and assesses case facts with the arresting officer and possibly the complainant and other witnesses

decline prosecution

the prosecutor’s exercise of discretion to not prosecute a case due to the sufficiency of evidence and/or witness testimony to support charges, the terms of an agreement, undue influence

bail

collateral a defendant may be required to deposit with the court as a guaranteed promise to return to court, for future of appearances, if released

bail bondsman

a private sector actor who furnishes bail funs to defendants for a fee

release on recognizance (ROR)

when a judge releases a defendant without requiring bail or any other conditions

plea bargain

an agreement between a prosecutor and the defense (defendant and their attorney) wherein the defendant pleads guilty to a lesser crime and/or lesser number of crimes in return for the promise of a lighter criminal sanction and/or some other benefit

true bill

probable cause to indictment

no true bill

no probable cause, resulting in dismissal

motion to dismiss

due to the insufficiency of evidence/witness testimony or due to a speedy trial violation

motion for discovery

to obtain information and examine physical evidence

motion to suppress evidence

to exclude illegally obtained evidence

Mapp

admissibility of evidence seized from defendant

Huntley

admissibility of defendant statement(s)

Wade

admissibility of identification evidence

Sandoval

preclude cross-examination of prior defendant’s bad acts

voir dire

the jury selection process conducted by the prosecutor and defense counsel

Rosario material

police forms summarizing witness statement(s); must be given to the defense before opening statements

trial

a formal examination of evidence by a jury or judge to determine innocence or guilt

sentencing

the punishment issued by a judge to a convicted defendant

jail

an incarceration option for convicted offenders sentenced to a term of one year or less

prison

an incarceration option for convicted offenders sentenced to a term of at least one year and one day

probation

a period of conditional correctional supervision that a convicted defendant will serve in the community