Crim Final Review

judicial review

judicial review

A doctrine that ensures checks and balances by allowing courts to review the actions of the executive and legislative branches of government.

strict interpretation

Deciphers the words of the Constitution as literal, discounting the current context socially, historically, or technologically, and focusing on the plain language contained in the document and how to apply the literal meaning.

separate but equal doctrine

The concept that Black and White individuals could legally be segregated under the Constitution given that the facilities and services available were comparable in quality for each race.

dual court system

U.S. court structure wherein the federal government has a court system and procedures distinct from the states.

writ of certiorari

Used by appellate courts that have discretion to review a lower court's opinion. An order to send all the documents of a case to be reviewed.

jurisdiction

The extent of a particular court's power to make legal decisions and judgments.

Judiciary Act of 1789

Although the Constitution allows a Supreme Court, Congress established the federal court system and specified jurisdictions.

en banc

A case heard by all judges of the court, or the full court. Used when there is a significant issue presented or if both parties request it and the court agrees.

court of last resort

The final court with appellate authority in a given court system. In the United States at the federal level, it is the Supreme Court.

pro se

"for himself" in Latin; self-representation in legal proceedings without the aid of a legal representative.

indictment

A formal accusation that an individual has committed an act punishable by law, typically presented by a grand jury.

information

A formal charge against an individual suspected of committing a crime, typically presented by an authorized public official, such as the prosecutor. The purpose is to inform the accused of the charges so a defense may be prepared.

specialized courts

Also called "problem-solving courts"; they work with particular types of offenses and offenders.

alternative dispute resolution

An approach to settling cases using a variety of methods to assist the disputing parties in finding a solution without relying on costly litigation.

double jeopardy

Constitutional protection under the Fifth Amendment that prevents the accused from facing charges or trial by the same court jurisdiction after acquittal or conviction for the same offense.

Missouri Plan

Also called the "merit selection system"; a process to elect judges that attempts to eliminate politics.

advocacy model

A model in which the defendant and the government are represented by advocates who act on behalf of their clients.

adversarial system

A system used in the United States in which prosecutors and defendants compete against each other to reveal the truth.

prosecutor

An attorney who represents the government or the "people" and is responsible for presenting the state's case in criminal, civil, and administrative matters.

U.S. attorney general

The chief law enforcement officer in the government and head of the Department of Justice.

U.S. attorneys

Appointed by the president and supervised by the U.S. attorney general in the Department of Justice; are responsible for trying cases at the federal court level.

exculpatory evidence

Evidence that may be favorable to a defendant in a criminal trial, often clearing some or all guilt during criminal proceedings.

discovery

The process through which the defense learns about evidence held by the prosecution. This may include reports and witness statements.

defense attorney

A lawyer who advocates for their client and protects the client's constitutional rights.

pro bono

Legal representation that is provided at no charge or a reduced fee.

complaint

The document that initiates legal proceedings by demonstrating facts and legal reasons the plaintiff believes the defendant owes remedy or has committed a crime.

petit juries

A jury of no more than 12 people who hear evidence to determine guilt or innocence in criminal cases

Bail Reform Act of 1966

Provides a non-capital defendant with the right to be released on bond or on personal recognizance unless the defendant is a flight risk.

recognizance

A suspect, without posing bail money, agrees to show up for the court based on their word alone.

preliminary hearing

Typically held in criminal cases to determine the extent of evidence and whether enough exists to allow charges to be pressed against the defendant.

arraignment

A formal reading of charges in a court of appropriate jurisdiction in front of the defendant.

plea bargains

Agreements in which the prosecutor offers a lesser charge or reduces the number of charges. The defendant agrees to plead guilty in order to avoid a trial and a more severe sentence.

motion to suppress

Requests that the court disallow illegally obtained evidence at trial.

motion in limine

Requests that the judge rule on whether particular evidence can be used at trial.

motion for a change of venue

A pretrial motion requesting a geographical change o the trial.

motion for discovery

The rules of a procedure establish a mandate for the prosecution to give the defense certain evidence.

motion for recusal

Request for the removal of a trial judge or prosecutor.

motion for expenses of experts

The defense can request that the state pay expenses related to psychological evaluations or other types of expert testimony.

trial management order

A full schedule created by the court and the court participants that designates what happens and when as the parties work toward the trial date.

venire

A list of potential jurors from which the jury is selected.

challenge to the array

An argument that the venire should be discharged because of a deficiency or an illegality in the way it was selected.

voir dire

The process in which prospective jurors are questioned in court under oath to attempt to uncover inappropriate jurors.

challenge for cause

A challenge during voir dire in which the defense counsel, the prosecutor, or the judge identifies a potential juror they believe cannot be unbiased, fair, or impartial.

peremptory challenge

An attorney may remove a prospective juror from the venire without giving a legal reason.

Civil Rights Act of 1875

One in a series of post-Civil Wat legislative acts; it prohibited the exclusion of African Americans from jury duty, among other things.

criminal trials

Trials to ascertain the guilt or lack of guilt for defendants charged with committing crimes.

civil trials

Trials used to settle disputes between two parties that do not involve criminal misconduct.

traffic hearings

Used to deal with traffic offenses.

legal guilt

Established when a prosecutor is able to persuade a judge or jury that the defendant is guilty of the criminal charges.

factual guilt

Refers to whether the defendant actually committed the crime.

adjudicate

To render a formal judgement about a disputed matter.

bench trial

A trial in which a judge or panel of judges acts as the fact finder, weighs the evidence, deliberates, and renders a judgement.

jury trial

A trial in which the jury acts as the fact finder, weighs the evidence, deliberates, and renders a verdict.

perjury

A spoken or written intentional swearing of a false oath or misrepresenting of an argument to be truthful.

Federal Rules of Evidence

Guide to what is evidence and what can be introduced in a trial.

direct evidence

Something introduced in a trial that does not require any inference to be drawn by the fact-finding body.

circumstantial evidence

Requires the fact finding body to interpret it and draw conclusions about its meaning.

hearsay

An out-of-court statement offered in court to prove the truth of the matter asserted.

hearsay rule

A basic rule that hearsay is inadmissible in court.

dying declaration

An exception to the hearsay rule that allows the dying words of a witness to a crime to be used in court.

excited utterance

An exception to the hearsay rule; a statement made by a person during a shocking or upsetting even t. Words blurted out during the stress of excitement may be entered in a court.

reputation concerning character

An exception to the hearsay rule that allows witnesses to testify under oath about the reputation of a person's friends and acquaintances.

rebuttal

The last opportunity for the prosecutors to speak during closing arguments.

pattern jury instructions

Language template to be used when charging the jury.

beyond a reasonable doubt

The level of proof required for a criminal case conviction. Refers to a reasonable person having no reasonable doubt that the defendant is guilty as charged.

deliberation

The jury process of deciding the guilt or lack of guilt of the defendant.

sequestered

When a jury is isolated to prevent a contact from outside influences, which may influence the verdict.

deadlocked

A hung jury that is unable to reach an agreement regarding the guilt or innocence of a defendant.

hung jury

A jury that is unable to reach an agreement regarding the guilt or innocence of the defendant.

mistrial

A courtroom trial that ends prior to its normal conclusion.

allen charge

Additional instructions a judge may give to a deliberating jury to discourage a mistrial.

acquit

To free someone from criminal charge following a not guilty verdict.

jury nullification

Ability of a jury to ignore the law and acquit a guilty defendant.

reading of the verdict

Following jury deliberation, a formal event in the courtroom in which the jury offers their verdict on the charges.

proportionality

A sentencing concept that indicates that the severity of sentencing should correspond with with the severity of the crime committed.

equity

A sentencing concept that emphasizes that similar crimes be punished in similar ways and with similar severity.

social debt

A sentencing concept that takes into account an offender's criminal past.

deterrence

A sentencing goal that seeks to dissuade the offender and others in the public from committing a crime.

restoration

A sentencing goal that addresses the harm done to victims, family and friends of victims, and the community.

presentence investigation

An investigation that gathers information on extenuating circumstances and the criminal history of the defendant to be used when determining the severity of the sentence.

indeterminate sentencing

A system of sentencing that allowed greater judicial discretion.

determinate sentencing

A type of structured sentencing by legislative statute and rules out the possibility of alternatives to prison.

Violent Crime Control and Law Enforcement Act

A 1994 law that requires people to serve at least 85% of their sentences in order for states to qualify for federal financial aid.

mandatory minimum

Applies statue-based minimum sanctions to particular types of crime and/or when a particular element of a crime exists.

sentencing guidelines

Based on criminal history and the severity of a crime, usually presented in a grid format that dictates the sentence served.

Federal Sentencing Guidelines Act

A 1984 law that eliminated parole release for individuals incarcerated in federal prisons and abolished almost all good time earned.

three strikes laws

A type of mandatory minimum that mandates long prison terms for a third offense.

death qualified

A part of voir dire in which attorneys ascertain whether the prospective juror is suitable to sit on a case that may result in the death penalty.

bifurcated trials

A double trial system used for capital cases. The first trial is the guilt trial, while the second is determines the punishment.

Crime Victims' Rights Act

A 2004 law that established numerous rights for crime victims in federal cases.

victim bill of rights

Offers rights to crime victims.

victim impact statement

A statement prepared by the victim or their family to inform the judge how the crime affected them personally, financially, emotionally, and psychologically.

punish

One goal of community-based corrections, designed to deter future criminal acts

recidivism

A measure that identifies relapse into criminal offending behavior.

restorative justice

A goal of community corrections that emphasizes that crime is more than criminal behavior. Rather, law breaking disturbs and harms individuals and the community, especially the primary victim.

forfeiture

The person convicted has their material possessions seized if the items were related to the commission or outcome of a criminal offense.

electronic monitoring

An intermediate sanction in which the person on probation wears an ankle, wrist, or neck monitor that identifies their location.

house arrest

Restricts those convicted from leaving their homes.

boot camps

Persons convicted are mandated to military settings, where they are required to follow orders, march, run drills, and engage in psychical training.

residential community housing

A facility where individuals who have been convicted are secured at night but released during the day to work, attend school, or receive treatment.