cjs- exam 4

voir dire

preliminary examination of a prospective juror

venire

(jury pool) random selection from the master list

opening statements

a summary of how the prosecution expects its evidence to prove the defendant guilty beyond a reasonable doubt

case in chief

the main evidence of either the prosecution or defense

defenses burden

because of the presumption of innocence, the defendant does not have to present any evidence at all, for the burden of proving the defendant guilty rests entirely on the shoulders of the prosecution

prima facie

based on first impression, accepted as correct until proved otherwise

corpus delicti

sufficient evidence to establish that a crime was committed by someone

hung jury

if the jurisdiction requires a unanimous verdict and the jury cannot reach one the result is…

intermediate sanctions

punishments that are more restrictive than traditional probation but less severe and less costly than incarceration

incarceration

serve sanctions for serious offenses in a secured facility of adult offenders for a minimum of one year

indeterminate sentencing

incarceration with minimum and maximum terms determined by judicial or legislative authority at the time of sentencing

determinate sentencing

incarceration for a fixed term of years, determined in advance and imposed at sentencing

mandatory sentencing

a sentence specifying a required minimum term of incarceration for certain offenders and/or circumstances

truth in sentencing

special laws requiring completion of nearly all maximum sentence

three strikes you're out

special mandatory sentencing laws calling for long prison terms for repeat felons

good time

units of time subtracted from a sentence, for good conduct

clemency

executive or legislative forgiveness for crime, usually accompanied by some reduction of sentence

pardon

executive act excusing one from a crime and the civil consequences of crime

commutation

sentence is shortened

corrections

refers to the great number of programs, services facilities, and organizations responsible for the management of people accused or convicted of criminal offenses

examples of corrections

jails, probation, community corrections, prisons, parole

jails

incarceration of those sentences to misdemeanors

penitentiary

an institution intended to punish criminals by isolating them from society and from one another so they can reflect on their past misdeeds, repent, and reform

dual court system

the structure of typical state court systems and the federal court system

appellate courts

review the decisions of the trial courts

courtroom workgroup

the informal network of the participants in criminal court

jurisdiction

the legal authority to hear and decide a case

trial courts

have jurisdiction over over pretrial matters, trials, sentencing, probation, and parole violations

courts of limited jurisdiction

courts that handle misdemeanor crimes, violations of criminal traffic laws, and lesser offenses

courts of general jurisdiction

state or federal courts that have jurisdiction over felony offenses and more serious civil cases

there are at least 51 legal systems

true

petition for the writ of certiorari

A document filed with the Supreme Court requesting a hearing.

rule of four

At least four justices of the Supreme Court must vote to consider a case before it can be heard

trial jurisdiction

when the court acts as a trial court

united states court of appeal

13 intermediate appellate courts in the federal system

united states district courts

the main trial courts in the federal court system

petitions for writs of habeas corpus

claims by state and federal prisoners who allege that the government is illegally confining them in violation of the federal constitution

appeals of right

appeals brought to higher courts as a matter of right under federal or state law

united states magistrate courts

• federal lower courts

• limited powers: try mostly lesser misdemeanors, set bail, assist district courts in various legal matters

• created by the federal magistrates act of 1968 

state courts handle more than 90 percent of criminal prosecutions in the united states

true

court of last resort

the court authorized by law to hear the final appeal on a matter (supreme court)

principle of orality

trier of fact may only consider evidence that was developed, presented, and admitted into the record during trial

trier of fact

judge or jury

adversarial system

trial procedures designed to resolve conflict through the clash of opposing sides, moderated by a neutral, passive judge who applies the law

Inquisitorial System

trial procedures designed to determine the truth through the intervention of an active judge who seeks evidence and questions witnesses

civil law countries

most european nations

dossier

a file of detailed information on a person or subject

acquitting

free (someone) from a criminal charge by a verdict of not guilty.

interlocutory appeal

an appeal that occurs before the lower/trial court's ruling on the entire case.

appellant

a person who files an appeal

appellee

The party opposing the appeal

petitioner

the party who lost in the last court petitioning the next level of court for review

respondent

the party who won in the last court

fundamental error

In appellate practice, an error so material as to render a judgment void.

prejudicial error

an error of law that is so significant that it affects the outcome of the case

plain error

An exception to the contemporary objection rule in which a highly prejudicial error substantially affects the rights of the accused such that a failure to correct the error on appeal, even if an objection was not made at the hearing or trial at the time of the alleged error, would result in a miscarriage of justice.

appellants brief

a written document filed by the appellant

reply brief

a written document filed by the appellee

amicus curiae

individuals or groups who have an interest in the case or some sort of experience but are not partied to the case

remand

to send a case back to a lower court to be tried again

de novo review

A complete reevaluation of an issue, finding, or case as if the original decision had never been made.

concurring opinion

an opinion that agrees with the majority in a Supreme Court ruling but differs on the reasoning.

dissenting opinion

A statement written by a justice who disagrees with the majority opinion, presenting his or her opinion

per curium

a brief, unsigned court opinion

plurality opinion

A court opinion that results when a majority of justices agree on a decision in a case but do not agree on the legal basis for the decision. In this instance, the legal position held by most of the justices on the winning side is called a plurality opinion.

accusatory phase

pre-trial phase

adjudicatory phase

the trial phase

indictment

the act of accusing; a formal accusation

first generation jails

jails using a linear design for housing inmates, in which cells are aligned in long, straight rows, with walkways in the front of the cells for jail correctional officers to walk intermittently to observe what is going on in the cells

second generation jails

staff use remote supervision as they remain in a secure control booth surrounded by inmate pods or living areas

third generation jails

jail designs without remote control centers, in which correctional officers are located in the housing unit in direct contact with inmates

eastern penitentiary

(a) Model of the "square wheel" prison

(b) solitary confinement, silence, and labor in outside cells

(c) many european countries adopted the pennsylvania system

congregate system

a penitentiary system, developed in Auburn, New York, in which each inmate was held in isolation during the night but worked and ate with other prisoners during the day under a rule of silence

the auburn system

a prison system in New York which enforced rigid rules of discipline, while also providing moral instruction and work programs

minimum security prison

prison designed, organized, and operated to permit inmates and visitors as much freedom as is consistent with the concept of incarceration

medium security prison

prison designed, organized, and operated to prevent escapes and violence, but in which restrictions on inmates and visitors are less rigid than in maximum security facilities

maximum security prison

prison designed, organized, and operated to minimize the possibility of escapes and violence; imposes strict limitations on the movement and freedom on inmates and visitors

super maximum security prison

created to house the "worst of the worst"- incorrigible, violent, assaultive, disruptive inmates, and prison gang members-who require close and constant supervision

retribution

• ensure that punishments are proportionate to the seriousness of the crimes committed

• only backward looking philosophy of punishment

• focuses on the past offense, rather than the offender

deterrence

• forward looking ideologies are designed to provide punishment, but also to reduce the level of reoffending (recidivism) through some type of change

• rooted in classical criminology, designed to punish correct behaviors but also ward off future behaviors through sanctions or threats of sanctions

• basic concept: reduction of offending through the sanction or threat of sanction

specific deterrence

geared towards trying to reach the individual offender a lesson

general deterrence

punishment of criminals that is intended to be an example to the general public and to discourage the commission of offenses

what are the three key things that must be instilled within each individual in society?

free will, rationality, felicity

free will

choosing when to offend and not to offend

rationality

what the outcomes of their choices will be

felicity

we must desire more pleasurable things than harmful ones

incapacitation

removal of an individual from society for a set amount of time, so as they cannot commit crimes (in society) for an amount of time in the future

hulks

abandoned ships that the English converted to hold convicts during a period of prison crowding between 1776 and 1790.

collective incapacitation

the incarceration of large groups of individuals to remove their ability to commit crimes for a set amount of time in the future

selective incapacitation

philosophy incarcerated individuals for longer periods of time than others

what are the three goals of corrections?

1. punish the offender

2. protect society 

3. rehabilitate the offender

rehabilitation

a program for reforming the offender to prevent later offenses

what's the one ideology that accurately attempts to address all three goals of corrections?

rehabilitation

day fine

a financial criminal penalty based on the amount of income an offender earns in a day's work

does punishment alone reduce recidivism?

no