Criminology Courts Exam

Adversarial System

• The primary judicial approach used in the United States

• Relies on two opposing sides cross-examining witnesses to find the truth

• Grants limited, distinct powers to judges, prosecutors, and defense attorneys

Inquisitorial System

• A legal system used primarily in Europe and parts of Asia

• The court and judge actively investigate the case details

• Prioritizes documentation over oral arguments and generally bans plea bargains

Dual-Court System

• The simultaneous operational structure of American courts

• Splits cases between the independent state system and the federal system

Jurisdiction

• A court's legal authority to hear and decide a case

• Determined strictly by geography and subject matter rules

Discovery Phase

• The mandatory pretrial exchange of information and evidence

• Prevents surprise "bombshell" disclosures during the actual trial

• Ensures both the prosecution and defense can view witness lists and physical items

Exculpatory Evidence (The Brady Rule)

• Any evidence that tends to show the defendant is innocent

• Must be handed over by the prosecution to the defense by law

Inculpatory Evidence

Any evidence that tends to prove the defendant's guilt

Motion to Suppress Evidence

• A pretrial request to throw out specific evidence

• Used if items, confessions, or statements were obtained illegally

Motion for a Change of Venue

• A pretrial request to move the trial location

• Used in high-profile cases to find an unbiased jury pool

Diversion Programs

• Alternative paths that steer defendants away from criminal processing

• Drops criminal charges entirely upon successful completion of rehab or counseling

Problem-Solving Courts

• Specialized courts addressing root causes of crime rather than punishment

• Focuses on drug addiction, mental health issues, or veterans' trauma

Federal Speedy Trial Act of 1974

• Statutory federal law enforcing strict trial timelines

• Mandates a maximum 30 days from arrest to indictment

• Mandates a maximum 70 days from indictment to trial start

Barker v. Wingo Balancing Test

• Four-factor test used to judge state-level speedy trial violations

• Analyzes delay length, delay reason, defendant's assertion of rights, and prejudice to the defense

Bench Trial

• A criminal trial conducted entirely without a jury

• Leaves the judge alone to determine guilt or innocence

Voir Dire

• The courtroom process of questioning potential jurors

• Designed to identify biases and select an impartial jury panel

Peremptory Challenge

• The right of an attorney to dismiss a juror without stating a reason

• Limited to a specific statutory number per trial

Opening Statements

• The initial roadmap of the case presented by both sides

• The prosecution always goes first because they hold the burden of proof

• Restricted to a preview of facts, not legal arguments

Direct Examination

• An attorney questioning their own witness

• Uses open-ended questions to let the witness tell the story

Cross-Examination

• An attorney questioning the opposing side's witness

• Aims to poke holes in testimony and test witness credibility

Motion for a Directed Verdict

• A mid-trial defense motion asking the judge to dismiss the case immediately

• Argues that the prosecution failed to prove basic guilt before the defense even starts

Jury Instructions

• The judge's formal charge explaining legal rules to the jury

• Explicitly states guilt must be proven beyond a reasonable doubt

Hung Jury & Mistrial

• A deadlocked jury unable to reach a unanimous verdict

• Results in a mistrial, allowing the state to retry the case later

Pre-sentence Investigation Report (PSI)

• A background document compiled by a probation officer

• Evaluates an offender's trait profile and history to help the judge set a fair sentence

Restitution

• A financial penalty paid directly to the victim

• Compensates for financial or structural harm caused by the crime

Paper-on-Demand (POD)

• The digital push to make courtrooms electronic

• Transitions case filings, tracking, and traffic citations online

Appeal

• A formal request for a higher court to review a lower court's decision

• Must be based strictly on a legal or procedural error, not just a dislike of the verdict