chapter 9 criminal justice

adversarial model

• The criminal procedure in the Anglo-American system

• The best way to determine the truth in a case is to have two sides fight it out (prosecutor, defense)

finder of law

the person at the trial who is officially authorized to determine what the law says; the judge

finder of fact

the person or group that determines the guilt or innocence of a defendant; usually the jury

burden of proof

the principle that a defendant is innocent until proven guilty

brady rule

the rule that prosecutors must share exculpatory evidence with defendents

exclupatory evidence

evidence that tends to show that the defendant is not guilty

double jepoardy

Putting somebody on trial twice for the same crime. It is not allowed in the American criminal justice.

plea bargain

an agreement that a defendant makes with the prosecution to plead guilty to a lesser offense to avoid prosecution (and possible conviction) for a more serious charge

capital case

a case where the defendant could receive the death sentence if convicted

prosecutorial discretion

The authority that officers have to charge or not charge a person with a crime to determine what the precise charges against a defendant will be

impeachment

The process where public officials are removed from office by Congress or state legislators for improper conduct

judicial activism

a term used to criticize judges who are believed to make legal decisions based on their political views rather than on the law

juris doctorate

the official name for a law degree

probono

legal work that is done without charge

Truth-in-sentencing laws

laws that require people convicted of crimes to serve their entire sentence rather than being released early

The three qualities to be a good lawyet

1. Pay attention to detail

2. Passion for the law

3. Be a people person

Gideon V. Wainwright

The Supreme Court ruled that people accused of serious crimes have the right to an attorney, even if they cannot afford one. The state must provide one for them.