1/21
Flashcards covering essential concepts about the court structure, legal proceedings, and roles within the justice system.
Name | Mastery | Learn | Test | Matching | Spaced | Call with Kai |
|---|
No analytics yet
Send a link to your students to track their progress
Basic court structure of Texas vs. Federal
Texas (State System):
Local/municipal courts (minor offenses)
County courts
District courts (major criminal cases)
Courts of Appeals
Texas Court of Criminal Appeals (highest criminal court)
Federal System:
U.S. District Courts (trial courts)
U.S. Courts of Appeals (circuit courts)
U.S. Supreme Court (highest court)
Texas System of Courts
Includes local/municipal courts, county courts, district courts, courts of appeals, and the Texas Court of Criminal Appeals, which is the highest criminal court.
Federal System of Courts
Comprises U.S. District Courts (trial courts), U.S. Courts of Appeals (circuit courts), and the U.S. Supreme Court (highest court).
State courts
Handle the vast majority of criminal cases.
Judges selection methods in Texas
Judges can be selected through appointment, election, or merit selection; Texas primarily uses partisan elections.
Judges responsibilities
Ensure fair trials, interpret the law, oversee courtroom procedures, rule on motions, set bail, accept pleas, preside over trials, and sentence offenders.
Specialized courts
Courts designed to address specific issues, such as drug courts, juvenile courts, and mental health courts, to reduce repeat offending.
Adversarial system
A legal system where two sides (prosecution vs. defense) present arguments to a neutral judge (and sometimes jury) who decides the outcome.
Prosecutorial discretion
The power of prosecutors to decide whether to file charges, what charges to file, whether to offer plea bargains, and whether to drop a case.
Defense attorney's role
To protect the defendant’s rights, provide legal advice, challenge prosecution evidence, and represent the accused in court.
Pre-trial activities
Includes arrest, booking, initial appearance, preliminary hearing/grand jury, arraignment, and plea bargaining.
Criminal trial frequency
Very few cases go to trial; most are resolved through plea bargains.
Purpose of a criminal trial
To determine guilt or innocence based on evidence.
Key participants in a trial
Judge, jury, prosecutor, defense attorney, defendant, and witnesses.
Standard steps in a criminal trial
Jury selection, opening statements, prosecution presents case, defense presents case, closing arguments, jury instructions, jury deliberation, and verdict.
Possible outcomes of a trial
Guilty, not guilty, or hung jury.
Bifurcated trial
A trial split into two phases: Phase 1 for guilt/innocence and Phase 2 for sentencing.
Sentencing in Texas
Typically decided by a judge; however, a jury can decide if the defendant chooses.
Guiding principles for sentencing
Proportionality, equity, and social debt.
Types of penalties
Fines, probation, jail/prison, death penalty, and other conditions such as community service.
Factors affecting sentence severity
Nature of the crime, criminal history, and aggravating/mitigating factors.
Victim Impact Statements
Statements from victims about how the crime affected them, aimed at informing sentencing and giving victims a voice.