Courts, Prosecutors, and the Criminal Justice Process

A comprehensive collection of vocabulary flashcards covering the structural hierarchy, dynamic actors, constitutional foundations, procedural rules, and landmark cases of the Michigan and federal legal systems.

Separation of Powers

The constitutional doctrine under which the three branches of government (executive, legislative, and judicial) are kept separate to establish a system of checks and balances where each branch exercises designated powers to check the others.

Federalism

A dual system of government established in the U.S. Constitution, dividing authority between the federal government and state governments

Rule of Law

A legal principle establishing that all persons, institutions, and entities are accountable to laws that are created in advance, made by legitimate public officials, and equally enforced.

Legal Positivism

If law created by an agency with authority and appropriate processes were followed, law is a “good” law.

Socio-Legal Theory

A jurisprudential theory positing that the law is not static, but is constantly evolving and adapting to meet shifting societal needs.

Selective Incorporation Doctrine

A constitutional doctrine applying provisions of the Bill of Rights that are fundamental to American ordered liberty to state officials through the Due Process Clause of the Fourteenth Amendment.

District of Columbia v. Heller (2008)

A landmark U.S. Supreme Court decision holding that the Second Amendment protects an individual's right to possess a firearm.

Michigan Court Structure Organization

The hierarchical judicial framework of Michigan comprising trial courts of limited jurisdiction (District, Probate, and Municipal), trial courts of general jurisdiction (Circuit Court and Court of Claims), an intermediate appellate court (Court of Appeals), and a court of last resort (Supreme Court).

What are the main differences between Civil vs. Criminal law?

Wrong against a person(civil) vs. wrong against society (criminal)

Crime Control Model

A theoretical model of criminal justice that prioritizes the suppression and reduction of crime in society through expanded police and prosecutorial powers.

Due Process Model

A criminal justice model focusing on individual liberties and procedural rights, placing primary emphasis on restraining and limiting governmental authority.

Actus Reus

The voluntary criminal act or prohibited conduct that constitutes a necessary physical element of a crime.

Mens Rea

The mental element, criminal intent, or guilty mind required to hold an individual criminally culpable for an offense.

The first 10 amendments limit which level of government?

Federal government

District court defined:

First appearance for all criminal cases and misdemeanor trial court with limited jurisdiction court.

Probate Court (Michigan)

A Michigan court of statutory, limited jurisdiction focused on estate administration, guardianships, trusts, and the protection of incapacitated or mentally ill individuals and their assets.

Court of Claims (Michigan)

A court of general jurisdiction handling limited civil suits and monetary claims against the State of Michigan and its agencies, presided over by Court of Appeals judges.

True or false? You can get married in district court, not in circuit court.

True

Trial Courts/Circuit Courts

Felony trial court and mandatory jurisdiction over appeals from district court (general jurisdiction court)

Probate courts are:

Courts for estates and guardianship

Scott v. Illinois (1979)

A U.S. Supreme Court case limiting the right to counsel, determining that the Sixth and Fourteenth Amendments are not violated if an indigent defendant is denied appointed counsel so long as no actual imprisonment is imposed upon conviction.

Therapeutic Jurisprudence

A legal philosophy emphasizing treatment and rehabilitation over retribution, serving as the conceptual foundation for problem-solving courts such as Drug Courts (under Section $7411$), Mental Health Courts, and Domestic Violence Courts (under Section $769.4\text{A}$).

Court Unification

Advantages of merging trial courts include centralization, budgets, and rule-making.

Courtroom Work Group

The interdependent network of courthouse regulars (judges, prosecutors, and defense attorneys) characterized by mutual cooperation, shared decision-making authority, socialization, and shared norms to process routine or normal crimes.

Assembly-Line Justice

Multiple guilty or non-guilty pleas in a line to keep things moving.

Barker v. Wingo (1972)

A U.S. Supreme Court ruling establishing a four-factor balancing test to assess Sixth Amendment speedy trial violations: length of the delay, reason for the delay, defendant's assertion of the right, and prejudice to the defendant.

Speedy Trial Act of 1974

Federal legislation setting formal statutory time limits to bring criminal defendants to trial, typically mandating trial within $3$ to $6\text{ months}$ for misdemeanors and $12$ to $18\text{ months}$ for felonies across standard statutory frameworks.

Michigan Court Rule 6.004(C)

A procedural court rule providing that an incarcerated defendant held without trial for $28\text{ days}$ or more on a misdemeanor, or $180\text{ days}$ or more on a felony, must be released on personal recognizance, absent clear and convincing evidence of flight risk or danger.

The 180-Day Rule (MCR 6.004(D))

A Michigan rule requiring that an inmate with untried criminal charges must be brought to trial within $180\text{ days}$ of the Department of Corrections serving written notice to the prosecuting attorney, or the charges must be dismissed with prejudice.

Absolute Immunity

Total legal immunity shielding prosecutors from civil liability for actions performed within the scope of their duties as courtroom advocates, such as deciding whether, whom, and what charges to file.

Qualified Immunity

A legal standard protecting government officials, including prosecutors performing investigatory or administrative duties outside core courtroom advocacy, from civil liability unless they violate clearly established statutory or constitutional rights.

Berger v. United States (1935)

A U.S. Supreme Court ruling establishing that a prosecutor is an officer of the court representing a sovereign dedicated to justice, permitted to strike hard blows but prohibited from striking foul ones.

Brady v. Maryland (1963)

A landmark constitutional ruling establishing that the prosecution must disclose all material exculpatory evidence favorable to the defense upon request, failure of which violates due process.

Solicitor General

The third-ranking official in the U.S. Department of Justice who supervises a staff of $23\text{ attorneys}$, regulates federal appellate litigation, and coordinates the federal government's arguments before the U.S. Supreme Court.

United States Attorney (USA)

A presidentially appointed federal official responsible for prosecuting federal criminal offenses, defending civil actions against the United States, and collecting federal debts within a specific federal judicial district.

Vertical Prosecution

Same prosecutor on a case for all process steps.

Horizontal Prosecution

Where different prosecutors handle different stages of the same criminal case rather than a single attorney managing it from start to finish

Office Conservators

A political classification for prosecutors who seek to preserve traditional office habits, uphold existing court culture, and maintain institutional status quo.

Gideon v. Wainwright (1963)

A landmark U.S. Supreme Court decision incorporating the Sixth Amendment right to assistance of counsel to state felony proceedings via the Fourteenth Amendment Due Process Clause.

Critical Stages Test

The legal standard determining that an indigent criminal defendant has a Sixth Amendment right to counsel at any stage of criminal prosecution where substantial rights may be prejudiced.

Strickland v. Washington (1984)

The constitutional standard establishing that ineffective assistance of counsel requires showing that defense counsel's performance was deficient and that this deficiency prejudiced the defense, depriving the defendant of a fair trial.

Missouri v. Frye (2012)

A U.S. Supreme Court decision establishing that the Sixth Amendment right to effective assistance of counsel extends to plea negotiations, holding that failure to communicate a formal plea offer constitutes ineffective counsel.

Lafler v. Cooper (2012)

A U.S. Supreme Court case establishing that a defendant may demonstrate ineffective assistance of counsel if erroneous legal advice caused the defendant to reject a favorable plea offer and proceed to trial.

Faretta v. California (1975)

A landmark U.S. Supreme Court decision affirming a criminal defendant's constitutional right to self-representation (proceeding pro se or in pro per) if done knowingly and voluntarily.

Assigned Counsel System

An indigent defense representation model where trial judges appoint private attorneys from a designated roster on an individual case-by-case basis.

Public Defender System

A method of indigent defense that utilizes full-time, salaried government or non-profit attorneys working within dedicated public defender offices.

Attorney-Client Privilege

A legal evidentiary doctrine that protects confidential, private communications between a client and their attorney made for the purpose of obtaining or providing professional legal advice.

Pro Bono Publico

Legal services performed by an attorney on a voluntary basis without compensation or fee, for the public good.