Legal Professions, Court Processes, and Corrections Systems Overview

Lawyers

A professional who has graduated from law school.

Attorney

A professional who has graduated from law school and passed the bar.

Civil rights law

A field of law that deals with the protection of individual rights and freedoms.

Corporate law

A field of law that governs the rights, relations, and conduct of individuals and businesses.

Environmental law

A field of law that addresses the protection of the environment and natural resources.

Immigration law

A field of law that governs the rules and regulations for entering and residing in a country.

International law

A field of law that governs the relationships between nations and international entities.

Intellectual law

A field of law that deals with the protection of intellectual property rights.

Finance and banking law

A field of law that governs financial transactions and banking operations.

Family law

A field of law that deals with family-related issues and domestic relations.

Real estate law

A field of law that governs the buying, selling, and leasing of property.

Military law

A field of law that governs the conduct of military personnel and operations.

Tax law

A field of law that deals with the rules and regulations governing taxation.

Criminal law

A field of law that deals with crimes and their punishments.

6th amendment

Guarantees a speedy and public trial, an impartial jury, and the right to defense.

Defense attorneys

Professionals who advocate for clients in the criminal justice system, either paid or appointed by the state.

Prosecutors

Represent the state, people in jurisdiction, and victims of crimes, advocating for justice and punishment.

Preliminary hearing

A process to establish charges based on probable cause without the burden of proof.

Arraignment

A process where the defendant is present with charges against them and enters a plea.

Plea bargain

An agreement where the defendant pleads guilty in exchange for leniency from the court.

Guilty plea

When a defendant agrees and accepts the charges against them, forgoing trial.

Not guilty plea

When a defendant does not agree to the charges and intends to go to trial.

Nolo contendere

A plea where the defendant does not contest the charges and will assume the punishment of a conviction.

Bail

The ability to remain free and within the community while a case is ongoing, guaranteed by the 8th amendment.

Defendants

Individuals who are presumed innocent until proven guilty.

Bench trial

A trial overseen by a judge, rather than a jury.

Jury trial

A trial in which a jury is present and determines guilt.

Venire

Compilation of all potential jurors sourced from the jurisdiction where the trial is being held.

Voir dire

The process of jury examination and selection from the total possible pool.

Challenge for cause

Dismissing a juror for a legitimate reason, with no limit on the number of challenges.

Peremptory challenges

Dismissing a juror for no specific reason, with a limited number allowed.

Plea bargains

An alternative to trial where the defendant pleads guilty in exchange for leniency from the court.

Opening statements

Presentations made by defense and prosecution to outline their cases before the trial starts.

Evidence

Items or information used to support the defense or prosecution's case.

Circumstantial evidence

Evidence that requires interpretation.

Direct evidence

Evidence that does not require interpretation.

Testimony

A sworn statement of fact pertaining to an element of a case.

Perjury

Purposeful lying or misinterpretation of truth.

Hearsay

A statement of fact not made under oath, made outside of the courtroom.

Closing arguments

Final summaries of evidence and inferences presented by the prosecution and defense.

Deliberation

The process by which a jury or judge decides the outcome based on evidence from the trial.

Verdict

The decision made by a jury or judge regarding the guilt or innocence of a defendant.

Guilty verdict

A finding that the defendant is responsible for the charges against them.

Not guilty verdict

Also known as acquittal; indicates the defendant is not found responsible for the charges.

Burden of proof

The obligation to prove one's assertion in a legal case.

Discovery

The process in which the evidence used against the defendant is revealed to them.

Jury selection

The process by which the composition of the jury is decided by the prosecution and defense.

Judge's charge to jury

Instructions provided by the judge to the jury regarding the law and their duties.

Sentencing

The phase following a guilty verdict where the punishment is determined.

Hung jury/deadlock

Possible mistrial; charges may be retried.

Jury nullification

Acquittal of defendant, even with lots of proof.

Proportionality

Punishment should fit crime.

Equity

Punishment should be similar to punishments of identical charges.

Social debt

Punishment should consider the defendant's past and impact of actions.

Goals of sentencing

Retribution, incapacitation, deterrence, rehabilitation, restoration.

Retribution

Punishment is deserved, justified, and necessary.

Incapacitation

Punish offenders and protect society by incapacitating and removing offenders.

Deterrence

Prevent future crimes by sending a warning to rest of society or other possible offenders.

Rehabilitation

Reduce criminality by offering education, training, treatment to convicted offenders.

Restoration

Attempt to correct the harms made by crime.

Indeterminate sentencing

Judges are given greater level of discretion in deciding punishment/length.

Determinate sentencing

Judges have less discretion and must follow guidelines; includes mandatory minimums, sentencing guidelines.

Time served

Guilty but already served time while awaiting trial.

Incarceration

Detainment in jail/prison.

Community punishment

Alternatives to traditional lock and key incarceration.

Death penalty

State sanctioned killing.

Goals of punishment

Deter further crime and recidivism through punishment and penalties.

Safety

Keeping the community safe from further crime and victimization.

Rehabilitation (goals)

Minimize issues with re-entry in community.

Restorative justice

Attempt to repair the harm caused by crime.

John August

Started first concepts of probation in US in mid 1800s; vouching for a drunken man diverted incarceration for three weeks.

Community corrections

Community oriented sentences in which offenders will spend a portion/all of their sentence in the community.

Probation

Typically requires treatment, education, and addressing offender issues, as well as adherence to rules.

Technical Violations

Violating rules of community corrections, such as consuming drugs, violating curfew, or violating no contact orders.

Legal Violations

Violating rules of law, including recidivism, committing additional crimes, or picking up new charges.

Challenges of Re-entry

Issues faced during re-entry, such as maintaining steady employment, stable living, mental health, and necessary resources.

Non-targeted Interventions

Interventions that are not focused on specific issues, such as excessive check-ins from officers or additional curfews that are not required.

Problem Solving Courts

Courts that address specific issues or problems within the community and target specific issues that may contribute to crime or recidivism.

Program Effectiveness

The measure of how well programs achieve their intended outcomes.

Good Programs

Programs that include CBT therapy, competent and qualified professionals, and address individual issues that lead to crime.

Mental Health Court

A court that offers pre-trial intervention and conditional release programs for individuals with mental health issues.

Bad Programs

Programs that utilize military style tactics, fear-based programs, or emotional based appeals.

Net Widening

Casting a wider net of harshness in the application of laws or corrections.

Violation of Probation

Results in incarceration if the terms of probation are not adhered to.

Institutional Corrections

Prisons that have developed different structures, goals, and forms of punishment over time.

Sentences for Guilty Offenders

Sentences that may differ based on the judge's determination aligning with sentencing goals.

Community Programs

Programs that attempt to address individual issues that lead to crime.

Prison vs. Jail

Prisons are for incarceration post-conviction, while jails are for individuals awaiting trial or serving sentences less than a year.

Jail

A facility managed locally by cities and counties that holds individuals awaiting trial or serving sentences less than a year.

Prison

More severe and secure penitentiaries at the state, federal, and private level for incarcerations lasting more than a year.

Security Levels

Different classifications within prisons that determine the level of security for inmates.

Inmate Demographics

The disproportionate holding of inmates across different backgrounds, orientations, and status.

Prisons

Reserved for offenders who are convicted

Corporal Punishment

Punishment as a retaliation for committing a crime, such as an eye for an eye.

Penitentiary

Shifting away from indiscriminate punishment and moving towards the imprisonment of offenders (1790s).

Pennsylvania Style

The Separate System, which emphasizes perpetual isolation and removing offenders from society.

Auburn Style Penitentiary

The Congregate System, which allows silent congregation with other inmates.

Reformation Movement

Harsh physical punishment, isolations, and forced religious reflections.

Recidivism

Repeat offending.

Convict Labor

Prisoners (convicts) are leased out to the private sector for labor to perform tasks such as mining, clearing roads, and lumber camps.