CrimJ 100 Trial and Sentencing

jurisdiction

the geographic territory or legal boundaries within which control may be excercised. The range of a courts authority.

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.

trial courts of general jurisdiction

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

appellate courts

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

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.

adversarial system

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

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

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 tp voters for selection

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, voters are asked to approve or disapprove the judge for a succeeding term. If the judge is disapproved, the committee nominates a successor for the governors appointment.

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

motion

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

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 a criminal charge

release of recognizance (ROR)

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

preventive detention

holding a defendant for trial, based on a judges finding that if the defendant were released on bail, he or she would flee or would endanger another person of the community

US v. Salerno and Cafero (1987)

the preventive 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

US attorneys

officials responsible for the prosecution of crimes that violate the laws of the United States; appointed by the president and assigned to a US district court jurisdiction

state attorney general

a states chief legal officer, usually responsible for both civil and criminal matters

prosecuting attorney

a legal representative of the state with sole responsibility for brining criminal charges; in some states referred to as district attorney, states attorney, or county attorney

count

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

discovery

a prosecutors pretrial disclosure, to the defense, of facts and evidence to be introduced at trial

nolle prosequi

an entry made by a prosecutor on the record of a case and announced in court to indicate that the charges specified will not be prosecuted. IN effect, the charges are thereby dismissed.

community prosecution

an approach to advance effective prosecution and crime prevention by placing prosecutors in close contact with citizens and neighborhood groups in an effort to identify and solve problems while enhancing cooperation between the community and the prosecutors office

legal sufficiency

the presence of the minimum legal elements necessary for prosecution of a case. The majority of them are disposed of by plea bargaining or dismissal

system efficiency

policy of the prosecutors office that encourages speedy and early disposition of cases in response to caseload pressures. Weak cases are screened at intake, and other nontrial alternatives are used as a primary means of disposition.

trial sufficiency

the presence of sufficient legal elements to ensure successful prosecution of a case. Only cases that seem certain to result in conviction at trial are accepted for prosecution. Use of plea bargaining is minimal; good police work, and court capacity to go to trial are required

accusatory process

the series of events from the arrest of a suspect to the filling of a formal charge with a court (through an indictment or information)

defense attorney

the lawyer who represents accused or convicted offenders in their dealings with criminal justice officials

assigned counsel

an attorney in private practice assigned by a court to represent an indigent. The attorneys fee is paid by the government with jurisdiction over the case

contract counsel

an attorney in private practice who contracts with the government to represent all indigent defendants in a county during a set period of time and for a specified dollar amount

public defender

an attorney employed on a full-time, salaried basis by the government to represent indigents

local legal culture

norms, shared by members of a court community, which center on how cases should be handled and how a participant should behave in the judicial process

going rate

local court officials shared view of the appropriate sentence for the offense, based on the defendants prior record and other case characteristics

continuance

an adjournment of a scheduled case until a later date.

workgroup

a collection of individuals who interact in the workplace on a continuing basis, share goals, develop norms regarding how activities should be carried, and establish a network of roles that differentiates the group from others and that facilitates cooperation

Santobello v. New York (1971)

when a guilty plea rests on a promise of a prosecutor, the promise must be fulfilled.

Boykin v. Alabama (1969)

Defendants must state that they are voluntarily making a plea of guilty

North Carolina v. Alford (1970)

A plea of guilty may be accepted for the purpose of a lesser sentence from a defendant who maintains his or her innocence

Ricketts v. Adamson (1987)

Defendants must uphold the plea agreement or risk going to trial and receiving a harsher sentence

Bordenkircher v. Hayes (1978)

A defendants rights were not violated by a prosecutor who warned that failure to agree to a guilty plea would result in a harsher sentence.

jury

a panel of citizens selected according to law and sworn to determine matters of fact in a criminal case and to deliver a verdict of guilty or not guilty

bench trial

trial conducted by a judge who acts as fact finder and determines issues of law. No jury participates.

voir dire

a questioning of prospective jurors in order to screen out people the judge or attorneys think might be biased or otherwise incapable of delivering a fair verdict

challenge for cause

removal of a prospective juror by showing that he or she has some bias or some other legal disability. The number of these challenges permitted to attorneys is potentially unlimited

peremptory challenge

removal of a prospective juror without giving any reason. attorneys are allowed a limited number of such challenges

real evidence

physical evidence such a weapon, records, fingerprints, stolen property, objects actually involved in the crime

demonstrative evidence

evidence that is not based on witness testimony but demonstrates information relevant to the crime, such as maps, X-rays, and photographs; includes real evidence involved in the crime.

testimony

oral evidence provided by a legally competent witness

direct evidence

eyewitness accounts

circumstantial evidence

evidence, provided by a witness, from which a jury must infer a fact

reasonable doubt

the standard used by a juror to decide if the prosecution has provided enough evidence for conviction

habeas corpus

a writ or judicial order requesting the release of a person being detained in a jail, prison, or mental hospital. If a judge finds the person is being held improperly, the writ may be granted and the person released or granted new trial

Williams v. Florida (1970)

juries of fewer than 12 members are permitted by the US constitution

appeal

a request to a higher court that it review actions taken in an completed lower-court case

retribution

punishment inflicted on a person who has infringed on the rights of others and so deserves to be penalized. The severity of the sanction should fit the seriousness of the crime

general deterrence

punishment of criminal that is intended to provide an example to the general public and to discourage commission of offenses

specific deterrence

punishment inflicted on criminals to discourage them from committing future crimes

incapacitation

depriving an offender of the ability to commit crimes against society, usually by detaining the offender in prison

selective incapacitation

making the best use of expensive and limited prison space by targeting for incarceration those individuals whose detention will do the most to reduce crime in society

rehabilitation

the goal of restoring a convicted offender to a constructive place in society through some form of vocational or educational training or therapy

restoration

punishment designed to repair the damage done to the victim and community by an offenders criminal act

indeterminate sentences

a period, set by a judge, that specifies a minimum and maximum time to be served in prison

determinate sentences

a sentence that fixes the term of imprisonment at a specific period

presumptive sentence

a sentence for which the legislature or a commission sets a minimum and maximum range of months or years. Judges are to fix the length of the sentence within that range, allowing for special circumstances.

mandatory sentence

a sentence determined by statutes and requiring that a certain penalty be imposed and carried out for convicted offenders who meet certain criteria

good time

a reduction of an inmates prison sentence, at the discretion of the prison administrator, for good behavior or participation in vocational, educational, or treatment programs.

earned time

reduction in a prisoners sentence as a reward for participation in education or other rehabilitation programs, and for work assignments, such as disaster relief and conservation projects

intermediate sanctions

a variety of punishments that are more restrictive than traditional probation but less severe and less costly than incarceration

justice reinvestment

evidence-based policies intended to reduce spending on imprisonment with the money saved being reinvested in alternative sanctions and programs that hold offenders accountable, protect public safety, and reduce the risk of reoffending

probation

a sentence that the offender is allowed to serve under supervision in the community

shock probation

a sentence in which the offender is released after a short incarceration and resentenced to probation

Furman v. Georgia (1972)

the death penalty, as administered, constitutes cruel and unusual punishment

McCleskey v. Kemp (1987)

rejects a challenge to Georgia death penalty that was made on grounds of racial discrimination

Atkins v. Virgina (2002)

execution of the developmentally disabled is unconstitutional

Roper v. Simmons (2005)

no death penalty for offenders who commit a murder while younger than age 18

Ring v. Arizona (2002)

Juries, rather than judges, must make the crucial factual decisions regarding whether a convicted murderer should receive the death penalty

Baze v. Rees (2008)

lethal injection has not been shown to violate the 8th amendment prohibition on cruel and unusual punishments and thus this method of execution is permissible

Witherspoon v. Illinois (1968)

Potential jurors who object to the death penalty cannot be automatically excluded from service; however, during voir dire, those who feel so strongly about capital punishment that they could not give an impartial verdict may be excluded

presentence report

a report, prepared by a probation office that presents a convicted offenders background and is used by the judge in selecting an appropriate sentence

sentencing guidelines

a mechanism to indicate to judges the expected sanction for certain offenses, in order to reduce disparities in sentencing