Criminal Justice and Court Procedures

Comprehensive practice flashcards covering legal definitions, trial procedures, court structures, defense strategies, and key historical milestones from lecture notes.

What does it mean to adjudicate in a legal context?

To make a formal, official decision about who is right in a dispute decided by a jury.

How do adversarial and inquisitorial legal systems differ regarding the role of judges?

In an adversarial system, one side is pitted against the other to reveal the truth while judges act as mediators; in an inquisitorial system, judges take a more active role by investigating the facts rather than acting like a referee.

What is an Allen Charge, and what other names is it known by?

Also known as a dynamite charge or hammer charge, it is a charge that attempts to dislodge jurors.

What is Alternative Dispute Resolution (ADR)?

A process that settles cases without costly litigations in order to quickly move cases along.

What is the meaning of entering a plea of nolo contendere at an arraignment?

The defendant accepts conviction and punishment without admitting guilt.

What right was established by the Bail Reform Act of 1966?

It gave noncapital defendants the right to be released on bond or personal recognizance.

What three criteria must be met for a bench trial to take place?

1. The defendant knowingly waives the right to trial by jury; 2. The government must consent to a bench trial; 3. The court must approve.

What standard of proof must the prosecutor meet to establish guilt beyond a reasonable doubt?

The prosecutor must prove the government's case such that a reasonable person would have no reasonable doubt that the defendant is guilty as charged.

What are the two distinct parts of a bifurcated trial?

Part 1 establishes the guilt of the defendant, and Part 2 determines the penalty.

What role and operational characteristics are associated with bounty hunters / bail recovery agents?

They come after individuals when a bail bondsman pays 90% of bail and is not paid back; they operate with no standards, high fees, lots of ambiguity, and not a lot of training.

What is a challenge to the array?

A formal legal objection to an entire panel of potential jurors before they are sworn in.

How does circumstantial evidence differ from direct evidence?

Direct evidence offers proof without requiring the judge or jury to interpret its meaning, whereas circumstantial evidence requires the judge or jury to interpret the evidence's meaning or draw conclusions about its meaning.

What is the difference between the Crime Victims’ Rights Act and a Victim Bill of Rights?

The Crime Victims’ Rights Act is a specific federal law that protects rights for victims in federal criminal cases, whereas a Victim Bill of Rights is a general term for state-level or military-level laws, statutes, or constitutional amendments protecting crime victims.

How do justification and excuse criminal defenses differ?

A justification defense focuses on the act itself (admitting to the crime but claiming it was done for the right reason), whereas an excuse defense focuses on the person (admitting the crime was wrong and socially harmful but arguing they should not be charged due to a disability or pressuring circumstances).

What is the CSI Effect?

A legal phenomenon where fictional television crime dramas skew public perception and raise jurors' expectations regarding real-world forensic science, although there was no evidence it had any effect on court proceedings.

How do determinate and indeterminate sentencing differ?

Determinate sentencing is established by the legislature and sets a fixed time frame for imprisonment, whereas indeterminate sentencing grants judges high discretion to assign a time range (such as 5–10 years) rather than a fixed amount of time.

What does hearing a case 'En Blanc' mean?

All members participate in the decision-making process unless one of the justices must excuse themselves due to a conflict of interest.

What change did the Federal Sentencing Guidelines Act of 1984 implement?

In 1984, it eliminated federal parole release for individuals who have abolished all good time earned.

What working conditions for defense attorneys were highlighted in the documentary 'Gideon’s Army'?

Set in Atlanta, Georgia, it showed defense work as extremely stressful (attorney Brandy was threatened with murder by her client and passed out in court), handling 120 clients at a time with low pay and fast pacing.

What is the hearsay rule and what are two exceptions or loopholes to it?

The rule states that hearsay (a rumor introduced to prove a truth) is generally not allowed as evidence in court; exceptions include statements not used to prove the truth and heat-of-the-moment statements (such as a dying declaration or excited utterance).

What federal judicial body was created by the Judiciary Act of 1789?

The U.S. Supreme Court, serving as the highest federal court system.

What is jury nullification?

A situation where the jury chooses to acquit a defendant even if they believe the defendant is guilty.

What is the distinction between factual guilt and legal guilt?

Factual guilt refers to whether the defendant actually committed the crime, whereas legal guilt means the defendant is legally considered innocent until proven guilty beyond a reasonable doubt in a criminal trial.

How do mediation and arbitration differ as forms of dispute resolution?

In mediation, an independent neutral third party helps disputing parties solve their problem outside of court; in arbitration, a neutral third party evaluates evidence and renders a legally binding decision.

What is the Missouri Plan?

Also known as the merit selection plan, it is a method designed to eliminate politics from judge selection processes, typically involving appointment by the governor.

What is the purpose of a Motion in Limine?

Requesting that the judge rule on what evidence can be used in trial.

What is a Motion to Suppress?

A request asking the court to disallow illegally obtained evidence at trial.

What crimes are categorized as 'normal crimes'?

Common criminal acts including theft, drug offenses, driving under the influence (DUI/DWI), and simple assault.

What historic details define the OJ Simpson media trial?

OJ Simpson was a professional NFL player who murdered Nicole Brown Simpson and Ronald Goldman in June 1994, leading to a televised car chase and becoming the biggest media trial in history.

What is a peremptory challenge and how frequently can it be used?

A challenge used to remove a potential juror without needing to give a reason, typically limited to about 3 to 20 times.

What is the function of a petit jury?

Also known as a trial jury, it consists of ordinary community citizens that hear evidence and determine guilt by delivering the final verdict at the trial level.

How do equity and proportionality differ in sentencing?

Equity requires that similar crimes be punished similarly, while proportionality requires that the severity of the sentence corresponds to the severity of the crime.

What distinguishes restorative justice from restoration?

Restorative justice emphasizes addressing harm rather than administering punishment, while restoration focuses on restoring damage done through restitution, fines, and/or community service.

What mandate do Three-Strikes Laws impose on habitual offenders?

They impose mandatory minimums requiring long sentences, life without parole, and similar harsh penalties.

What is the most common type of trial in the United States?

Traffic hearings, which deal exclusively with traffic-related problems.

How do the roles of US Attorneys and the Attorney General differ?

US Attorneys handle trials at the federal level and are appointed by the president to work under the Attorney General; the Attorney General is the chief law enforcement officer, head of the Department of Justice, advisor to the president, and is appointed by the president.

What is the distinction between venire and voir dire?

Venire is the randomly selected list of potential jurors, while voir dire is the process where possible jurors are questioned under oath.

What is a Writ of Certiorari, and how many U.S. Supreme Court justices must agree to hear an appealed case?

A formal order issued by a higher court directing a lower court to send up records for review; the U.S. Supreme Court may hear the case if at least four justices agree.