CJ 2700 CHAPTER 9

adversarial system

basis of the American legal system in which a passive judge and jury seeks to find the truth by listening to opposing attorneys who vigorously advocate on behalf of their respective sides.

appellate courts

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

arraignment

the court appearance of an accused person in which the charges are read and the accused, advised by a lawyer, pleads guilty or not guilty.

bail

an amount of money specified by a judge to be paid as a condition of pretrial release to ensure that the accused will appear in court as required.

citation

a written order or summons, issued by a law enforcement officer, often directing an alleged offender to appear in court at a specified time to answer to a criminal charge.

drug courts

specialized courts that impose drug testing and counseling requirements on substance abusers and monitor their progress instead of sending them immediately to jail or prison.

inquisitorial system

basis of legal system in Europe in which the judge takes an active role in investigating the case and asking questions of witnesses in court.

jurisdiction

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

merit selection

• a reform plan by which judges are nominated by a commission and appointed by the governor for a given period.

• When the term expires, the voters are asked to approve or disapprove the judge for a succeeding term.

• If the judge is disappointed, the committee nominates a successor for the governor’s appointment.

motions

an application to a court requesting that an order be issued to bring about a specified action.

nonpartisan election

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

partisan election

an election in which candidates openly endorsed by political parties are presented to voters for selection.

preventative detention

Holding a defendant for trial, based on a judge’s finding that, if the defendant were released on bail, he or she would flee or would endanger another person or the community.

release on recognizance (ROR)

pretrial release granted on the defendant’s promise to appear in court, because the judge believes that the defendant’s ties in the community guarantee that he or she will appear.

trial courts of general jurisdiction

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

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 specified limit.

United States v. Salerno and Cafero (1987)

The preventative detention provisions of the Bail Reform Act of 1984 are upheld as a legitimate use of government power designed to prevent people from committing crimes while on bail.