criminal justice final

adverisal system

It is a system where two advocates represent their parties' positions before an impartial person or group of people

bench trial

A trial before a judge without a jury

determinate sentencing

A period of incarceration that is fixed by a sentencing authority and cannot be reduced by judges or other corrections officials.

inquisitorial system

a trial system where the judge plays an active role in gathering evidence

jury

A group of people sworn to abide by the laws to determine the truth

mandatory sentencing

punishment that judges must impose according to what the law directs

Criminal courts

hear cases involving alleged violations of the state's penal code

voir dire

jury selection process

Courtroom workgroup

judge, prosecutor, defense attorney

Rebuttal witnesses

Witnesses called to dispute the testimony of the opposing party's witnesses.

sentencing guidelines

a set of standards that define parameters for trial judges to follow in their sentencing decisions

local legal culture

norms, shared by members of a court community, which center on how cases should be handled and how a participant should behave in the judicial process

Closing arguments

arguments made by each side's attorney after the cases for the plaintiff and defendant have been presented

diversion

alternative procedure in a criminal case where the prosecution is interrupted through a deal between the defendant and the prosecutor where the prosecutor either dismisses the charges completely or does not bring any charges to begin with

going rate

local court officials' shared view of the appropriate sentence for the offense, the defendant's prior record, and other case characteristics

alternative sentencing

The use of court-ordered community service, home detention, day reporting, drug treatment, psychological counseling, victim-offender programming, or intensive supervision in lieu of other, more traditional sanctions, such as imprisonment and fines.

Arraignment

a hearing in which a suspect is charged and pleads guilty or not guilty

Three-strikes laws

State and federal laws that sentence an individual to life in prison who has been found guilty of committing three felonies or serious crimes punishable by a minimum of a year in prison.

"Good time"

The practice of credit-based early release from prison or jail, gain time, sentence remission, or time off for good behavior, is an area of increasing importance for criminal justice policy.

preventive detention

the practice of holding dangerous suspects before trial without bail

truth-in-sentencing laws

Legislative attempts to ensure that convicts will serve approximately the terms to which they were initially sentenced.

aggravating circumstances

Any circumstances accompanying the commission of a crime that may justify a harsher sentence.

trial

The court process to determine whether someone committed a criminal act

intermediate sanctions

sanctions that are more restrictive than probation and less restrictive than imprisonment

mitigating circumstances

Any circumstances accompanying the commission of a crime that may justify a lighter sentence.

Sentencing

the imposition of a criminal sanction by a judicial authority

probation

a sentence that the offender is allowed to serve under supervision in the community

pre-sentence report

a report, prepared by a probation officer, that presents a convicted offender's background and is used by the judge in selecting an appropriate sentence

appeal

To ask a higher court to review the decision and determine if justice was done

Incapacitation

depriving an offender of the ability to commit crimes against society, usually by detaining the offender in prison

capital punishment/death penalty

state sanctioned execution of persons convicted of serious crime

prosecutor

a government official who conducts criminal prosecutions on behalf of the state

Deterrence

discouraging criminal acts by threatening punishment

writ of habeas corpus

A court order requiring jailers to explain to a judge why they are holding a prisoner in custody.

Count

is a cause of action in civil cases or an offense in criminal cases. Each lawsuit can involve multiple BLANK in which someone can be held liable.

specific deterrence

punishment inflicted on criminals to discourage them from committing future crimes

Discovery

A phase in the litigation process during which the opposing parties may obtain information from each other and from third parties prior to trial.

general deterrence

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

parole

to grant a prisoner an early release from prison, with certain restrictions

nolle prosequi

the decision by a prosecutor to drop a case after a complaint has been made because of, for example, insufficient evidence, witness reluctance to testify, police error, or office policy

Rehabilitation

A program for reforming the offender to prevent later offenses

Parole boards

A group of officials who determine whether someone should be released from custody prior to the completion of her or his sentence

defense attorney

The attorney representing the defendant in a lawsuit or criminal prosecution

restorative justice

a system of criminal justice that focuses on the rehabilitation of offenders through reconciliation with victims and the community at large.

Conditions of Parole

the general and special limits imposed on an offender who is released on parole

Habeas Corpus

a writ requiring a person under arrest to be brought before a judge or into court, especially to secure the person's release unless lawful grounds are shown for their detention.

indeterminate sentencing

a model of sentencing in which judges have nearly complete discretion in sentencing an offender

parole revocation

When a parolee breaks the conditions of parole, the process of withdrawing parole and returning the person to prison.

assigned counsel

An attorney in private practice assigned by a court to represent an indigent. The attorney's fee is paid by the government with jurisdiction over the case.

restitution

payment for an injury; compensation

revocation hearing

a hearing to determine whether probation or parole should be revoked

contract counsel

attorney in private practice who contracts with the government to represent all indigent defendants in a county during a set period of time and for a specified dollar amount

conditional release

The release by executive decision of a prisoner from a federal or state correctional facility who has not served his or her full sentence and whose freedom is contingent on obeying specified rules of behavior.

public defender

An attorney employed by the government to represent criminal defenders who cannot afford to pay for a lawyer.

shock probation

a sentence in which the offender is released after a short incarceration and resentenced to probation

intensive probation supervision

probation supervised by probation and parole officers with smaller caseloads, placing a greater emphasis on compliance with the conditions of supervision

Bail

A sum of money used as a security deposit to ensure that an accused person returns for his or her trial

shock incarceration

A short period of incarceration that is designed to deter further criminal activity by "shocking" the offender with the hardships of imprisonment.

home confinement

a sentence requiring the offender to remain inside his or her home during specified periods

Plea Bargain

a defendant's admission of guilt in exchange for a less severe punishment

Mixed sentences

a sentence that requires that a convicted offender serve weekends in a confinement facility while undergoing probationary supervision in the community

net widening

process in which new sentencing options increase rather than reduce control over offenders' lives

Jails

local facilities for temporary detention

Prisons

an institution for the incarceration of people convicted of serious crimes, usually felonies

Prison Subculture

The norms, values, beliefs and even language of the prison

Pardon

legal forgiveness of a crime

Privatization

process of converting government enterprises into privately owned companies (prisons)

discretionary release

the release of an inmate from prison to conditional supervision at the discretion of the parole board within the boundaries set by the sentence and the penal law

prisoner reentry

The managed return to the community of individuals released from prison

classification system

determining inmates' risks and needs and assigning them to facilities, custody levels, housing, and programs consistent with those needs.

mandatory release

the required release of an inmate from incarceration to community supervision upon the expiration of a certain period, as specified by a determinate-sentencing law or parole guidelines

Security threat groups (STG)

An inmate group, gang, or organization whose members act together to pose a threat to the safety of corrections staff or the public, who prey on other inmates, or who threaten the secure and orderly operation of a correctional institution

3 branches of government

Legislative, Executive, Judicial

Functions of the US court system

norm enforcement, dispute processing, policy making

Norm Enforcement

-Enforcing society's rules and behavior
- Contributes to peace / stability in society

dispute processing

-Parties file lawsuits to seek gov't intervention for disagreements they cannot resolve on their own
-Contracts, money, property, personal injury

policy making

Making new rules or laws

dual court system

a court system made up of both federal and state courts

structure of US court system

Three levels:
- federal district courts
- circuit courts of appeal
- US Supreme court

trail courts of limited jurisdiction

Criminal courts with trail jurisdiction over misdemeanor cases and preliminary matters in felony cases. Sometimes these courts hold felony trails that may result in penalties below a specific limit

trial courts of general jurisdiction

Criminal courts with jurisdiction over all offenses, including felonies. In some states, these courts also hear appeals.

Appellate Court/Court of Appeals

court that generally reviews only findings of law made by lower courts

court of last resort

Supreme Court

original jurisdiction

The jurisdiction of courts that hear a case first, usually in a trial. These are the courts that determine the facts about a case.

appellate jurisdiction

The jurisdiction of courts that hear cases brought to them on appeal from lower courts. These courts do not review the factual record, only the legal issues involved.

concurrent jurisdiction

authority for both state and federal courts to hear and decide cases

exclusive jurisdiction

authority of only federal courts to hear and decide cases

Types of Federal Courts

US District Courts, US Court of Appeals, US Supreme Court

U.S. District Courts

the courts where most federal cases begin, the U.S. District Courts are courts of original jurisdiction and hear civil and criminal cases

U.S. Court of Appeals

A court within the second tier of the three-tiered federal court system, to which decisions of the district courts and federal agencies may be appealed for review.

U.S. Supreme Court

Highest court in the US

Powell v. Alabama (1932)

an attorney must be provided to a poor defendant facing the death penalty

Gideon v. Wainwright (1963)

Extends to the defendant the right of counsel in all state and federal criminal trials regardless of their ability to pay.

Argersinger v. Hamlin (1972)

Indigent defendants must be provided with attorneys when facing misdemeanor and petty charges that may result in incarceration

Scott v. Illinois (1979)

If there is no possibility of confinement, the Sixth Amendment right to counsel does not apply

US v. Salerno (1987)

Bail can be denied if the person is dangerous

Santobello v. New York (1971)

when a guilty plea rests on a promise of a prosecutor, the promise must be fulfilled

Furman v. Georgia (1972)

State death penalties (as then applied) are arbitrary and violate equal protection of 14th Amendment.

Gregg v. Georgia (1976)

Upheld new Georgia death penalty laws requiring dual-phase trial and special circumstances; capital punishment does not constitute cruel & unusual punishment of 8th Amendment.

Mccleasky v. kemp (1987)

Studies showing that the death penalty has a racially disproportionate impact in a state does not mean that capital punishment violates the Eighth Amendment unless a racially discriminatory purpose can be proved.