Systems of Justice Chapters 8 & 9

Subject Matter Jurisdiction

refers to the type of case that can be heard in each type of court; this is defined by legislation

Geographic Jurisdiction

in criminal cases this means that the crime must have taken place in the court’s area of jurisdiction

General Jurisdiction Courts

the courtrooms that are pictured in TV and movies, these courts try felonies and and have the power to sentence state prison

Courts of Limited Jurisdiction

can be found in all but five states, can only adjudicate city ordinances and misdemeanors

Trial Courts

judges in trial court take pleas, docket calls, pre-trial motions, and conducting other court business

Docket

cases assigned to a judge’s court

Appellate Courts

Defendants who are convicted may appeal only if there has been some error in the trial or the process leading up to the trial

Habeas Corpus

alleges unlawful imprisonment

Harmless Error

means that there was a legal error but the evidence was so substantial in other ways that even if the error hadn’t occurred, the result would’ve been the same

Court of Last Resort

An intermediate appellate court, the highest court in a state, often called the state supreme court

Writ of Certiorari

alleges an issue of constitutionality to be reviewed by the Supreme Court

Community Courts

problem solving courts, may handle anything up to and including felonies in some places, essentially attempts to divert offenders from the criminal justice system and focuses mostly on smaller offenses (in addition to community policing)

Drug Court

a court of general jurisdiction with a specialized caseload of drug cases

Indigency

requiring the provision of a publicly funded defense

Missouri Plan

a merit selection process of appointing judges that involves a nominating process by statewide and local committees, after appointment the judge faces election

Plea Bargain

in which the defendant agrees to plead guilty in return for a favorable sentencing recommendation

Bench Trial

there is no jury and the case is tried solely by the judge

En Banc

a type of appeal that’s not heard by the traditional three appellate judges, but the full number of appellate judges in a jurisdiction

Due Process

a civil right guaranteed by the Constitution to protect us when government actors want to take our life, liberty or property, which makes it harder for them to do so without a fair unbiased and non arbitrary manner

Eminent Domain

refers to the power of the government to take private property and convert it to public use, but requires completion of due process to do so

Probable Cause

reasonable grounds to do something, legally

Lockups

temporary holding cells

Pre-Trial Release Programs

when someone is released form custody, with or without conditions, before trial with charges pending

Bail

the amount of money defendants must post to be released from custody before trial

Release on Recognizance

being released from custody before trial without having to post bail and instead signing an agreement to return to court for their trial

Abscond

to escape the jurisdiction before trial

Court Surety Programs

either offering collateral or not but promising to pay money if one does not appear at their court dates

Preventive Detention

when the individual is incarcerated before trial, not because there’s a risk of absconding but because they’re perceived as a danger to the public

Indictment

the charging document issued by a grand jury

Information

a charging document issued by the prosecutor’s office

Grand Juries

helps determine whether to bring charges against someone, only used in some states, anywhere from 16-23 people, only hears case from the prosecutor

Petit (Trial) Jury

helps to determine criminal and civil matters, anywhere from 6-12 people, hears case from both the plaintiff and defendant

No Bill

when a grand jury determines that the prosecutor does not have a substantial case

Double Jeopardy

the right not to be tried for the offense more than once

Motion

a request that the judge order something to be done or not done

Motion in Limine

requests the judge to bar the mention of something that might prejudicial during the trial, but has no bearing on guilt or innocence in the case

Change of Venue

a request for the trial to be moved another jurisdiction because of a belief that any jurors from the locale where the crime took place would be too biased to render a fair verdict

Recusal

a motion for the judge to remove themselves from the case because of a conflict of interest

Brady Motions

a motion for the prosecution to turn over exculpatory evidence

Affirmative Defense

coercion, self-defense, entrapment, mistake, alibi, or insanity (types of defenses that have to be proven in some manner)

Voir Dire

the process by which the prosecutor and defense attorney question the jury panel to determine if they need to request any members of the panel be removed

Peremptory Challenges

allow the attorney to reject a juror without having to show a particular reason

Challenges for Cause

unlimited, but there must be a reason why the juror would be biased in the trial

Direct Examination

the questioning of the prosecution’s own witnesses (questions cannot be leading)

Hearsay

something that the witness did not hear, see or experience directly, or testifying about about what other people might have experienced

Discretion

the power of a judge, public official or private party to act according to the dictates of their own judgment and conscience within general legal principles

Disparity

refers to different sentences for similar offenders

Split Sentencing

sometimes called shock probation or shock incarceration, where an offender is put in jail for a short period of time and then released on probation for a longer period of time

Indeterminate Sentences

the release date is unknown and the judge sets a period as determined by the statute and the another authority determines how much of the sentence is served

Determinate Sentence

when the release date is fixed

Mandatory Minimum Sentence

requires the judge to impose a sentence of at least the time specified by a statute, generally triggered by the offenders recidivism

Three Strikes Sentencing Statutes

a criminal sentencing structure in which significantly harsher punishments are imposed on repeated offenders, three-strikes laws generally mandate a life sentence for the third violation of violent felonies (but sometimes nonviolent)

Clemency

a petition for an offender to be allowed to go free

Commutation

a type of clemency in which the offender is not pardoned but the sentence is reduced

Restorative Justice

an alternative justice system where victims would become the major emphasis of the system and offenders would not be punished as much as become responsible for restoration

Victim - Offender Mediation

involves the victim and offender meeting and discussing the event and coming to an agreement about restitution and reparation

Community Reparative Boards

citizens are involved in a sentencing decision and the experience is more of a dialogue between the offender and the board who are looking for long term solutions rather than retribution

Family Group Conferencing

in these models, police set up a conference of the offender, victim and families of both, as well as others involved so that everyone has a greater understanding of how the crime affected everyone and has a higher level of satisfaction than the traditonal justice system

Net - Widening

the idea that restorative justice has caused people who were minor offenders have become more involved in the criminal justice system than they would have otherwise for their offenses

Felony Murder

a type of murder where evidence shows the person was involved in a felony which resulted in a homicide but was not the person who committed the homicide

Meta - Analyses

studies that combine a large number of previous studies over a topic to see what findings are generally consistent