Criminal Justice Test 3

jurisdiction

the authority of a court to hear and decide cases within an area of the law or a geographical territory

arrest warrant

written order directing law enforcement officers to make an arrest

released on own recognizance (ROR)

release secured by a suspect’s written promise to appear in court, for minor crimes and suspects that have ties to the community

bench trial

case that is heard and decided by one judge alone

federal courts vs state courts

state courts: try cases that are against the laws of that particular state

federal courts: try cases that are against the laws of the united states

general jurisdiction courts

power of a court to hear any type of case

preventative detention

when a judge believes the suspect would pose a threat to the community and refuses bail

bench warrant

when the defendant fails to show in court, bail is forfeited and the judge issues this to authroize their arrest

conditional release

requires that a suspect maintain contact with a pretrial release program or undergo regular drug monitoring treatment

voire dire

when both lawyers and judge question jurors about their backgrounds and knowledge of the case and the defendant

venire

the pool from which jurors are selected

hung jury

when the jury cannot reach a unanimous verdict

mistrial

the jury was unable to come to a verdict and the trial is inconclusive, prosecutor can retry case since defendant was not found guilty

circuit trial court vs district court

circuit court: tries felonies, civil suits of more than 5k

district court: misdemeanors, traffic, civil suits of less than 5k

subject matter vs geographical jurisdiction

subject matter: circuit trial court and district court

geographical: domestic, and international

• do justice

• appear to do justice by providing due process of law

• provide a forum where disputes between people can be resolved justly and peacefully

• censure wrongdoing

• incapacitation

• punishment

• rehabilitation

• general deterrence

• determine legal status

• protect individual citizens from arbitrary government action

purpose of the courts

due process

procedures followed by courts to ensure that a defendant’s constitutional rights are not violated

incapacitation

removal/restriction of the freedom of those found to have violated criminal laws

punishment

penalty for criminal wrongdoing

rehbilitation

attempts to “correct” the personality and behavior of convicted offenders through educational, vocational, or therapeutic treatment and to return them to society as law-abiding citizens

general deterrence

attempt to prevent from engaging in crime by punishing specific individuals and making examples of them

prosecutor, defense attorney, and judge

what are the three components of the courts

• conduct the final screening of each person arrested for a criminal offense

• decide whether to charge/not charge a person with a crime

• decide whether to prosecute of not prosecute a case

• determine what the charge will be

what do prosecutors have the authority to do?

plea bargain

prosecutor, defense attorney, defendant, and sometimes the judge agree on a specific sentence to be imposed if the accused pleads guilty to an agreed upon charge/charges instead of going to trial

insufficient evidence

what is the most frequent reason given by prosecutors for not prosecuting cases

prosecutor

a community’s chief law enforcement official and is responsible primarily for the protection of society

prosecutor

who is the most powerful actor in the administration of justice

defense attorney

the one who represents the defendant

provide the best possible legal counsel and advocacy within the legal and ethical limits of the profession

what is the goal of the defense attorney

court appointed lawyers are payed by the hour and are private attorneys

public defenders are paid by a fixed yearly salary

what is the difference between court appointed lawyer and public defender?

judge

trier of fact, manages the courtroom

• determining probable cause

• signing warrants

• informing suspects of their rights

• set and revoke bail

• arraigning defendants

• accepting guilty pleas

• in some jurisdictions, managing their own courtrooms and staff

• in some jurisdictions managing the entire courthouse and its personnel

• allowing the jury a fair chance to reach a verdict

what are the responsibilities of the judge

bail

usually a monetary guarantee deposited with the court that is supposed to ensure that suspect will appear at later stage in the process

allows suspects/defendants to remain free while awaiting next stage in the process

why do courts use bail

bond

assurance that a person gives the court (word, cash, or property)

• personal

• cash

• 10%

• surety bond

• property bond

what are the different types of bonds used by the courts

personal bond

defendant agrees to return for futur hearings and follows any rules court sets

cash bond

payment deposited in exchange for release from jail while charges are pending

10% bond

cash bond that requires payment of 10% of total amount of bail deposited with court’s clerk

surety bond

bail bondsmen charges an additional fee and posts bail for them

property bond

person can use real estate as collateral, lien is placed on the property and house will be taken if they do not show in court

they are for people who cannot afford bail or the 10%

what is the purpose of bail bondsmen

protected by the 6th amendment,

• the right to counsel allows everyone to be given “effective legal assistance” during:

  • custodial interrogations

  • police lineups

  • probation and parole revocation hearings

  • preliminary hearings

  • post trial proceedings

what is the defendant’s right to counsel and what ammendment protects it

beyond a reasonable doubt

what standard of proof is necessary to find someone guilty

• after arrest they are taken for booking

• then prosecutors decide whether or not the suspect should be charged with a crime

• if charged, they prepare 1 of 3 types of charging docs (complaint, information, grand jury indictment)

• Once charges are filed, defendant is brought before a lower court judge for initial appearance

• if it is a misdemeanor or smaller violation a summary trial my be held instead of initial appearance

• arraignment is scheduled at initial appearance

• then the judge sets bail to guarantee they show up later in the court process

• then if it is not being plead out or dropped by the prosecutor it will be taken to trial

what are the order of events after the suspect is arrested

booking

process in which suspect’s names the charges for which they were arrested and perhaps their fingerprints or photographs are entered on the police blotter

complaint

a charging doc specifying that an offense has been committed by a person named, usually used for misdemeanors and ordinance violations

information

document that outlines the formal charges, the laws that have been violated, and the evidence to support the charge

grand jury indictment

written accusation by a grand jury charging that 1+ people have committed a crime

initial appearance

when files have been charged and the defendant is brought before a lower court judge for the first time

summary trial

held instead of initial appearances for misdemeanors or ordinance violations

jury trial: 2%

plea deals: 95%

bench trials: 3%

how many cases are resolved by jury trial, plea deals, and bench trials

• protect citizens against arbitrary law enforcement

• to prevent government oppression

• to protect citizens from overzealous/corrupt prosecutors and from biased judges

what are the purposes of a jury trial

30 people are randomly chosen from the jury pool, the they go through the voir dire, and jurors get dismissed until 12 citizens and 1-2 alternates are chosen

how are juries selected

12 and and 1-2 alternates

how many people are on a jury

• go to trial

• discovery proceedings

• motion filed

• trial

• opening statements

• government/prosecutor’s case

• presentation of evidence

• defendant’s case

• government’s rebuttal case

• closing arguments

• jury instructions

• deliberations

• verdict

what are the stages in a criminal trial

48 hours

what is the time limit someone can be held in jail for a warrantless arrest

if there were 1,000 hypothetical felonies committed

• 500 would end up being reported to the police

• 100 people would be arrested

• 50 would be convicted

• 30 would be incarcerated

describe the funnel process in the pretrial stages

probate court

a segment of the judicial system that oversees the execution of wills and handling of estates, conservationships and guardianships

mayor’s court

local level court that hears cases abot traffic violations, misdemeanors, and other offenses that cannot result in jail time

extradite

to hand over a criminal to the jurisdiction or foreign nation where the crime was committed