CJ Exam 3

Criminal

Modern crimes are based on statutes found in penal codes

Civil

Claim of injury is called., “Cause of Action” Claims are based on tort or contract law

Judicial Review

The power that any and all courts have to determine whether the enforcement actions of the executive branch and the laws created by the legislative branch comply with the provisions of the constitution

Jurisdiction

Legal context that gives powers and limits powers at the Federal, State, and Local governments

Subject Matter Jurisdiction

The court’s power over factual dispute that is being brought to the court for resolution

• Family Court for Adoption

• Probate court for Trusts and Wills

Jurisdiction Over the Parties

The courts power over the persons involved in the factual dispute having their legal rights determined

• Husband and Wife gets divorce and both own real and personal property

Geographic Jurisdiction

The court’s power over the location where the factual dispute happened

Trial Courts

Said to answer

• Questions of Law

• Questions of Fact

Appellate Courts

Reviews cases from lower courts

• Questions of Law

Limited Jurisdiction

District

• Misdemeanor trials, preliminary examinations (PC hearings) in felony cases

General Jurisdiction

Have the power to hear any kind of criminal case, civil law and equity issues, as long as the jurisdiction to decide the legal issue is not given exclusively to another court

• Michigan Circuit Courts are courts of general jurisdiction

Exclusive Jurisdiction

Probate Court deals with trusts and wills

Concurrent Jurisdiction

Type of court has jurisdiction to decide the subject matter if the case. Both District and Circuit would have the authority to hear the misdemeanor case

Writ of Certiorari

Request of the Supreme Court to make more certain a legal principle

Writ of Habeas Corpus

Request of a federal court to review the legal basis for the detention of the person petitioning the court

• Corpse won’t be in jail for the rest of my life

Arrest Warrant

Issues by court for the misdemeanor offenses and felony charges as a part of the complaint/arrest warrant charging process

Bench Warrant

Issued by the courts for a violation of the court orders

Criminal Levels of Proof

3 Levels

• Beyond a Reasonable Doubt

• Probable Cause

• Reasonable Suspicion

Civil Levels of Proof

2 Levels

• Clear and Convicting

• Preponderance of Evidence

Guilty Plea

“I did it”

Not Guilty Plea

“I didn’t do it”

Nolo Contendre Plea

Avoiding using a guilty plea against themselves in another legal matter, such as a civil lawsuit for damages

• “I will not contest it”

Guilty, but Mentally Ill Plea

Forces person to undergo mental health treatment

Not Guilty: Reason of Insanity Plea

Person will be confined in a state hospital or places in a conditional release program

Direct Evidence

Eye witness who saw the crime as it occurred or security camera showing a robbery in action

Circumstantial Evidence

Indirectly establishes facts in question

Real Evidence

Physical Evidence that can be seen by the Jury

• Ex. Gun, Knife, Wounds, Fingerprints etc.

Testimonial Evidence

Statements of witnesses under the oath in a courtroom

Recidivism

Tendency of a convicted criminal to re-offend

Sentencing Rationales for Punishment (1)

Retribution (1)

Sentencing Rationales for Punishment (2)

Incapacitation (2)

Sentencing Rationales for Punishment (3)

Deterrence (3)

Sentencing Rationales for Punishment (4)

Rehabilitation (4)

Sentencing Rationales for Punishment (5)

Restoration (5)

Retribution

Punishment inflicted on a person for the crime that committed

• Philosophy of retribution is illustrated in a biblical verse “An eye for an eye”

Incapacitation

Refers to the sentencing aim of restraining an individual being punished from committing further criminal acts

Selective Incapacitation

Seeks to identify high-risk offenders who repeat certain types of crimes and sentences those individuals for long prison terms

• AKA “Career Criminal” concerned with both propensity as well as opportunity

Collective Incapacitation

Does not focus on the propensity of future acts but instead on the opportunity to commit future acts

Deterrence

Argued if the pain of punishment outweighs the pleasure of committing a specific action the rational is a person will choose not to commit the said action

Rehabilitation

Take the form of vocational and educational training as well as differing forms of therapy

Restoration

Rationale intended to repair damage to the victim and community

Determinate Sentence

Would require individuals who are convicted of the same offense to be sentenced to the same punishment

Indeterminate Sentence

Sentence should be individualized to meet the rehabilitative needs of a specific offender

Clear and Convincing Evidence

The standard of proof that requires the party with the burden of proof to demonstrate that an allegation or argument is far more likely to be true than false

• First step in civil law

Preponderance of Evidence

To prove that something is more likely than not

• Second step in civil law