Criminal Justice Quiz 3: Ch. 7-8

Adversarial Process

2 opposing attorneys that represent their clients best interest

Inquisitorial process

judge takes active role in investigating the case/ evidence, and questioning

Jurisdiction

legal boundaries within each control may be exercised, range of authority

norm enforcement

bail/ prelim hearings, trials, etc.

dispute processing

when people disagree on money, property, and personal injuries, methods for resolving conflicts outside of the traditional court system to reduce the judicial caseload

policy making

judges interpret the constitution and establish guidelines for government officials

trail courts of limited jurisdiction

criminal courts with trial jurisdiction over misdemeanors and prelim matters in felonies

general jurisdiction

jurisdiction over all offenses, including felonies

appellate courts

courts that do not try criminal cases, but hear appeals of decisions of lower courts (procedural criminal law)

court of last resort

state supreme court

intermediate level appellate courts

court of appeals

problem-solving courts

lower level local courts dedicated to solving social problems of troubled populations, ex. drug courts, domestic violence courts, mental health, etc.

4 functions of a judge

adjudicator (non bias), negotiator (plea bargains), administrator (direct people who keep records), problem solvers

prosecuting attorneys

legal representative of state, district attorney

United States attorney

crimes that violate U.S. laws, appointed by the president and assigned to the U.S. district court jurisdiction

state attorney general

chief/ legal officer of state, both civil and criminal matters

prosecutors influence (2)

discretion: deciding what cases to prosecute

resource dependence: link with police, defense, attorneys, etc.

Prosecutors Role (4)

trial counsel for police (views of law enforcement), house counsel for police (advice on legal procedures), representative of the court (due process), elected official (respond to public)

counts

each separate offense a person is accused of in an indictment/ information

discovery

prosecutors pre-trial disclosure to the defense of facts and evidence to be introduced in trial

Nolle Prosequi

formal declaration by a prosecutor that they will no longer prosecute a criminal charge, effectively a dismissal of the case

defense attorney

lawyer who represents accused defendants, advises clients, represents them during hearings, and advocates during appeal process

public defender

handles cases for those who can’t afford to hire their own

contract counsel system

attorney, non profit, or private law firm contracts with local governors for a fee

assigned counsel system

court appoints in small city or rural areas

Local legal culture (3)

norms (shared values), guiding relationships (how court members should treat each other), and shaping legal processes

workgroups

individuals who interact in the workplace, helping to resolve cases efficiently and helps to facilitate cooperation/ stable relationships

warantless arrest

defendant is taken to court for initial appearance, within 48 hours of arrest

arraignment

the court appearance of the accused, charges are read, and they enter a plea of guilty/ not guilty

Reasons the prosecutor can decide to drop a case (4):

the case is weak, alleged crime is minor/ pre-trial jail time was enough, jail overcrowding, discrimination due to race, wealth, etc.mo

motions

formal requests for court orders to bring up an issue about a specific action, defendant is in jail during this time

preventative detention

judges can hold people without bail to prevent further criminal acts (in very serious cases)

bail agents

bondsmen, private businessmen licensed by the state, to post bail when defendant is too poor to, if defendant leaves town, the money is forfeited

Setting bail for small offenses

usually a standard amount for a specific charge, prosecutor wants a high amount of bale, defense attorney wants a low amount

reforming the bail system

heightened awareness of discrimination on poor defendants

citation

issued by a law enforcement officer, a written order/ ticket about minor violations, it saves the individual from going to jail and getting booked

released on recognizance (ROR)

granted on the defendants promise to appear because the judge believes the defendant has strong community ties

ten percent cash bail

defendants deposit 10% of their full bail with the court, and that percent of bail is returned after disposition of case

bail fund

developed in NYC in 2009, it’s a non-profit that defends indigent people so they don’t plead guilty just because they can’t afford to go to trial

bail guidelines

outlines the standards that judges use when setting bail, judges are expected to follow but they can deviate depending on situations

preventive detention

holding a defendant for trial, based on the judges finding if they though the defendant poses a flight risk, violent offense, or threatens people working within the court (like witnesses).

Santobello V. NY

when a guilty plea rests on a promise of a prosecutor, the promise must be fulfilled even if a different prosecutor takes place

plea bargain bans

these reshape negotiations but they don’t eliminate the process completely

multiple offense indictment

a single formal accusation document that charges a defendant with two or more separate crimes (counts)

implicit plea bargain

guilty plea can be entered without any formal bargaining

criticisms of plea bargaining

defendant might be pressured to surrender rights, innocent people will plead guilty, one way of getting rid of a case before going to trial (lessen the case load for prosecutors)

judicial scrutiny

when the judge doesn’t know as much about the defendant

6 functions of jury trials

1. prevent government oppression

2. determining whether the accused is guilty

3. represent a diverse community w/o bias

4. serve as a buffer between accused + accuser

5. promote citizens’ knowledge about the CJ system

6. symbolizes rule of law/ community foundations

8 steps of the trial process

1. selection of jury

2. opening statements by prosecutor/ defense

3. presentation of prosecutors’ evidence/ witnesses

4. presentation of defense evidence

5. presentation of rebuttal witnesses

6. closing arguments by each side to the jury

7. instruction to the jury by the judge

8. decision by the jury is made

hung jury

when they can’t come to an agreement

appeals

request a higher court to review the case, only for legal/ procedural errors

habeas corpus

a judicial order requesting release of a person being detained if the judge finds the person is being held improperly, (their rights were violated)