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civil court
decide disputes between individuals or entities (not criminal cases)
federal courts
have separate district courts based on territory
bail
a way for an accused individual to be released from custody prior to trial by posting money or some other form of collateral
plea bargain
negotiation between prosecutor and defendant. defendant enters a plea of guilty in exchange for reduced charges or sentence
bail denial
for those with capital offenses or serious charges
limited jurisdiction courts
handle minor cases (traffic, misdemeanors, small civil disputes)
appellate courts
review lower court decisions for legal errors (no trials, no new evidence)
grand jury
a group of citizens who decide if there is enough evidence to issue and indicment
preliminary hearing
a hearing where the judge determines if there is enough evidence for the case to go to trial
contempt of court
disobeying or disrespecting the court’s authority
most common execution method in the U.S
lethal injection
3 structured sentencing models
determinate sentencing, indeterminate sentencing, mandatory sentencing
concurrent sentencing
serving multiple sentences at the same time
consecutive sentencing
serving sentences one after another
indeterminate sentencing
sentence given as a range. minimum = earliest parole eligibility maximum = longest possible time served
Sentencing Reform Act of 1984
created federal sentencing guidelines to reduce disparities in sentencing
most common sentence
probation
probation v parole
probation: supervision instead of prison, parole: early release from prison under supervision
special v basic conditions
basic: standard rules (reporting, no crimes), special: tailored to offender
Furman v Georgia
ruled the death penalty applied arbitrarily and often racially biased
Roper v Simmons
established minimum age for death penalty is 18
Kent v United States
juveniles have the right to due process before being transferred to adult court
William Penn
created the “Great Law” influenced by Quaker beliefs
incapacitation
preventing crime by removing offenders from society
rehabilitation
focuses on changing offender behavior; success depends on offender’s willingness
prison classification process
assessing inmate risk and needs to determine placement and treatment
types of prison security levels
minimum, medium, maximum, supermax
supermax prisons
holds the most dangerous offenders (violent, escape risk, gang leaders)
status offense, juvenile
an act illegal only for minors (runaway, curfew violation)
formal processing
handled in court by a judge
informal processing
handled outside court (diversion programs, counseling). most used for juveniles
parens patriae
the state acts at the “parent” for juveniles
early 19th century view of children
children were considered chattel (property of parents)
juvenile jurisdiction limits
most states set upper age at 17 or 18. 3 states
veterans court
a problem-solving court focused on treatment for military veterans
delinquent offense
an illegal action committed by a minor that would be considered a crime if committed by an adult
Miller v Alabama
ruled that mandatory life without parole for juveniles is unconstitutional