Exam 2, Part 2 | CJS -- chapters 8-11, and 13

Justice of the Peace

the judge in many lower courts in rural areas; typically not a lawyer and typically appointed rather than elected

Dual Court Systems

a system like that in the United States, with courts at both the state and federal levels

Court Jurisdiction

the specific practical authority to hear cases and administer justice based on law in a particular geographic region and/or hierarchy within the court system

Courts of Limited Jurisdiction (Lower Courts)

courts that try minor offenses such as traffic infractions and misdemeanors

Courts of General Jurisdiction (Trial Courts)

the major trial courts that have the power and authority to try and decide any case, including appeals from a lower court

Courts of Appellate Jurisdiction (Appeals Courts)

courts that are limited in their jurisdiction to matters of appeal and review from lower courts and trial courts

Judicial Circuit

a specific jurisdiction served by a judge or court, as defined by given geographical boundaries

Court of Record

courts in which a full transcript of the proceedings is made for all cases

U.S. Magistrates

federal lower-court officials whose powers are limited to trying lesser misdemeanors, setting bail, and assisting district courts in various legal matters

U.S. District Courts

the trial courts of the federal judiciary

U.S. Court of International Trade

a special U.S. district court that has jurisdiction over all cases involving international trade and customs issues

U.S. Court of Federal Claims

a special U.S. district court that has jurisdiction over disputes over federal contracts, unlawful taking of land by federal government, and a variety of other claims against the United States

United States v. Morrison

2000; Supreme Court ruled that the Violence Against Women's Act interfered with the sovereignty of state laws on rape; ruled that the Fourteenth Amendment protects against governmental discrimination, not discrimination by individuals

U.S. Courts of Appeals

the federal courts of appellate jurisdiction

U.S. Supreme Court

the highest court in the nation and the court of last resort

Marbury v. Madison

1803; Supreme Court established its power to review acts of Congress

Trial De Novo

a new trial, on appeal from a lower court to a court of general jurisdiction

Writ of Certiorari

a writ issued by the Supreme Court ordering a lower court to "forward up the record" of a case it has tried so the High Court can review it

Rule of Four

the Supreme Court reviews a case if at least four of its justices deem the case worthy of consideration

Prosecutor

a government lawyer and chief law enforcement authority of a particular community

Prosecutorial Discretion

the discretion to prosecute, to enter a nol. pros., and to plea-bargain

Nolle Prosequi (Nol. Pros.)

a formal entry in the record by which the prosecutor declares that he/she will no loner prosecute the case, either as to some of the counts, some of the defendants, or all together

Plea Bargaining

discussions between the prosecutor and the defense counsel aimed toward an agreement under with the defendant will plead guilty in exchange for some prosecutorial or judicial concession

Bail

a form of security, typically financial, set by the court to guarantee that a defendant in a criminal proceeding will appear and be present in court at all required times

Hudson v. Parker (1895)

SC ruled that there is a presumption in favor of bail in Bill of Rights

Surety Bond

money from a bail bond agent put up to secure a defendant's release

Stack v. Boyle (1951)

SC ruled that the amount for bail is not to be used as a punishment but rather the amount should be based on insuring the presence of the defendant at trial

Information

a document filed by the prosecutor that states the formal charges, the statutes that have been violated, and the evidence supporting the charges

Indictment

a formal charging document issued by a grand jury on the basis of evidence presented to it by the prosecution

Grand Jury

a jury that consists of 12 to 23 jurors, whose purposes are to investigate crimes and protect citizens from unfair accusations

Investigatory Grand Jury

grand jury looks into general allegations of unlawful activity within its jurisdiction in an effort to discover whether there is enough information to justify initiating criminal prosecutions against anyone

Accusatory Grand Jury

grand jury determines whether there is sufficient evidence against individuals already charged with particular crimes to warrant a criminal trial

Not Guilty

the most common plea; places the full burden on the state to prove the charges beyond a reasonable doubt

Standing Mute

results in the entry of a not guilty plea

Guilty

a plea that serves as an admission of guilt and a surrender of constitutional rights, including the right to remain silent

Nolo Contendere

a plea that means literally "no contest," or more specifically, "I will not contest it"; essentially a guilty plea

Not Guilty by Reason of Insanity

an admission of guilt accompanied by the claim that the defendant is not culpable in the eyes of the law because of insanity in the time they committed the crime

Double Jeopardy

the repeated prosecution of an accused person for one particular offense; prohibited by the Fifth Amendment of the Constitution

Motion

a formal application or request to the court for some actions, such as an order or rule

Brady v. Maryland (1963)

it goes against due process if a prosecutor fails to give evidence favorable to the accused to the defense despite a request

Speedy Trial

the Sixth Amendment guarantee that protects an accused from indefinite incarceration prior to trial

Barker v. Wingo (1972)

SC ruled that if a defendant does not request a speedy trial they are not waiving that right; created key factors that influence the rightful "speed" of a trial

Strunk v. United States (1973)

SC ruled that is a defendant is denied a speedy trial their charges must be dismissed

Klopfer v. North Carolina (1967)

SC incorporated the right to a speedy trial to all states

In re Oliver (1948)

SC upheld right to a public trial

Duncan v. Louisiana (1968)

SC incorporated the right to a trial by jury to states

Williams v. Florida (1970)

SC ruled that it is proper to use juries composed of as few as 6 people, at least in noncapital cases

Venire

the writ that summons jurors; also referred to as venire facias

Voir Dire

meaning "to speak the truth"; the oath sworn by a prospective juror regarding his or her qualifications

Sequestration

the removal of the jurors from all possible outside influences

Mistrial

the discharge of a jury without a verdict

Motion for Directed Verdict

after the prosecution presents its case, the defense may call for this motion that asks a judge to dismiss the charges since the prosecution did not create a clear case of guilt against the accused

Jury Nullification

when a jury nullifies or suspends force of strict legal procedures

Status Offenses

specific acts (truancy, running away) and general conditions that are unique to the status of being juvenile

Appeal

a party's request for review of a sentence by a higher court

Retribution

a sentencing philosophy based on creating an equal or proportionate relationship between the offense and the punishment

Vengeance

a sentencing philosophy based on seeking satisfaction from knowing or seeing that offenders are punished

Victim Impact Evidence

a statement of the harm suffered by the victim or the victim's family as a result of the offender's actions

Incapacitation

a sentencing philosophy seeking to remove the offender from society

Deterrence

the prevention of criminal acts by making examples of individuals convicted of crimes

Rehabilitation

a sentencing philosophy based on reintegrating the offender into society

Williams v. Illinois (1970)

it is unconstitutional to detain a person beyond the length of the maximum sentence merely to work off a fine they are unable to pay

Tate v. Short (1971)

"30 dollars or 30 days" sentence is unconstitutional

Indeterminate Sentence

a sentence with a fixed minimum and a fixed maximum term for incarceration rather than a definite period

Determinate Sentence (Flat, Fixed, or Straight Sentence)

a sentence with no set minimum or maximum but rather a fixed period

Definite Sentence

a fixed period of time to be served with no reduction by parole

Intermittent Sentence

a term to be served on certain days or periods of days specified by the court; ex: 60 days to be served on consecutive weekends

Mandatory Sentence

a sentence based on penal code provisions that require the judge or jury to apply prison terms of a specified length to individuals convicted of certain crimes

Presentence Investigation

an investigation into the background and character of a defendant that assists the court in determining the most appropriate sentence

Allocution

a procedure that allows (1) the court to identify the defendant as the person judged guilty and (2) the defendant to plead for mercy or a pardon, move for an arrest of judgement, or indicate why judgment ought not be pronounced

Jail Time

the time a defendant has served while awaiting trial that is deducted from their sentence

Dead Time

"jail time" that is not deducted from the defendant's sentence

O'Neil v. Vermont (1892)

Supreme Court said that the Eight Amendment did not limit states

Weems v. United States (1910)

first case in which the Supreme Court invalidated a punishment on the grounds of the Eight Amendment

Witherspoon v. Illinois (1968)

SC ruled "death-qualified jury" is unconstitutional when individuals opposed to capital punishment are systematically excluded from the jury

McGautha v. California (1971)

SC upheld that the jury could have total discretion in choosing between life imprisonment and death

Furman v. Georgia (1972)

SC ruled that state and federal death penalty statutes were unconstitutional because they were too arbitrary, capricious, and discriminatory

Gregg v. Georgia (1976)

SC approved Georgia's new bifurcated trial procedure that requires a separate hearing in which the judge or jury would consider aggravating and mitigating circumstances

Woodson v. North Carolina (1976)

SC ruled that mandatory death penalty statutes are unconstitutional

Roper v. Simmons (2005)

SC ruled that the Constitution prohibits the execution of a defendant who was under 18 at the time of the crime

Chapman v. California (1967)

SC established the harmless error rule

Waiver of Jurisdiction

the process by which the juvenile court relinquishes its jurisdiction over a child and transfers the case to a court of criminal jurisdiction for prosecution as an adult

Hope v. Pelzer (2002)

Supreme Court case in which the court ruled that qualified immunity did not apply to the correctional officers since their actions blatantly violated the Eighth Amendment and Alabama guidelines in regards to the use of a "hitching post" as punishment

Corporal Punishment

punishment applied to the body, such as whipping or branding

Jails

local facilities for temporary detention

Prisons

correctional institutions maintained by federal and state governments for the confinement of convicted felons

Classical School of Criminology and Criminal Law

a bidy of ideals from the Enlightenment philosophers and reformers for transforming criminal law and procedure

Cesare Beccaria

the founder of the classical school of criminology and criminal law

Total Institutions

a place that erects barriers to social interchange with the world at large

Maximum-Security Prisons

correctional institutions designed to hold the most aggressive and incorrigible offenders

Open Institutions

minimum-securtiy correctional camps, farms, ranches, vocational training centers, and forestry settlements; also known as prisons without walls

Classification

the process through which the educational, vocational, treatment, and custodial needs of the offender are determined

Reception Center

a central receiving institution where all felony offenders sentenced to a term of imprisonment are committed for orientation and classification

Contraband

any item that can be used to break a rule of the institution or assist in escape

Community-Based Corrections

rehabilitative activities and programs for criminal offenders that are delivered within the community

Intermediate Sanctions

penalties falling between the extremes of fines and imprisonment

Diversion

the removal of offenders from the criminal justice process at any stage of the police or court processes

Probation

a sentence not involving confinement that imposes conditions and retains authority in the sentencing court to modify the conditions of the sentence or to re-sentence the offender if he or she violates the conditions

Suspended Sentence

a court disposition that allows a convicted person to defer or postpone (potentially indefinitely) a correctional sentence

Restitution

a condition of probation requiring offenders to compensate their victims for damages or to donate their time in service to the community