CJ101 FLASHCARDS ch7 8 9

crim justice class, criminal justice in america 9th edition

adversarial process

Court process, employed in the United States and other former British colonies, in which lawyers for each side represent their clients’ best interests in presenting evidence and formulating arguments as a means to discover the truth and protect the rights of defendants.

inquisitorial process

Court process, employed in most countries of the world, in which the judge takes an active role in investigating the case and examining evidence by, for example, questioning witnesses.

jurisdiction

The geographic territory or legal boundaries within which control may be exercised; the range of a court’s authority.

trial courts of limited jurisdiction

Criminal courts with trial jurisdiction over misdemeanor cases and preliminary matters in felony cases. Sometimes these courts hold felony trials 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 courts

Courts that do not try criminal cases, but hear appeals of decisions of lower courts.

problem-solving courts

Lower-level local courts dedicated to addressing particular social problems or troubled populations. Examples of such courts include drug courts, domestic violence courts, and mental health courts.

partisan election

An election in which candidates openly affiliated with political parties are presented to voters for selection.

nonpartisan election

An election in which candidates’ party affiliations are not listed on the ballot.

merit selection

A reform plan by which judges are nominated by a committee and appointed by the governor for a given period. When the term expires, the voters approve or disapprove the judge for a succeeding term. If the judge is disapproved, the committee nominates a successor for the governor’s appointment.

prosecuting attorney

A legal representative of the state with sole responsibility for bringing criminal charges. Depending on the state, this person is referred to as the district attorney, state’s attorney, commonwealth attorney, or county attorney.

United States attorneys

Officials responsible for the prosecution of crimes that violate the laws of the United States. Appointed by the president and assigned to a U.S. district court jurisdiction.

state attorney general

Chief legal officer of a state, responsible for both civil and criminal matters.

count

Each separate offense of which a person is accused in an indictment or an information.

discovery

A prosecutor’s pretrial disclosure to the defense of facts and evidence to be introduced at trial.

nolle prosequi

An entry, made by a prosecutor on the record of a case and announced in court, indicating that the charges specified will not be prosecuted. In effect, the charges are thereby dismissed.

accusatory process

The series of events from the arrest of a suspect to the filing of a formal charge (through an indictment or information) with the court.

defense attorney

The lawyer who represents accused offenders and convicted offenders in their dealings with criminal justice.

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.

contract counsel

An 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.

public defender

An attorney employed on a full-time, salaried basis by a public or private nonprofit organization to represent indigents.

local legal culture

Norms shared by members of a court community as to how cases should be handled and how a participant should behave in the judicial process.

going rate

Local court officials’ shared view of the appropriate sentence for a given offense, the defendant’s prior record, and other case characteristics.

continuance

An adjournment of a scheduled case until a later date.

work group

A collection of individuals who interact in the workplace on a continuing basis, share goals, develop norms regarding how activities should be carried out, and eventually establish a network of roles, all of which differentiate the group from others and facilitate cooperation.

arraignment

The court appearance of an accused person in which the charges are read and the accused, advised by a lawyer, pleads guilty or not guilty.

motion

An application to a court requesting that an order be issued to bring about a specific action.

bail

An amount of money, specified by a judge, to be paid as a condition of pretrial release to ensure that the accused will appear in court as required.

citation

A written order or summons, issued by a law enforcement officer, directing an alleged offender to appear in court at a specific time to answer a criminal charge.

release on recognizance (ROR)

Pretrial release granted on the defendant’s promise to appear in court because the judge believes that the defendant’s ties to the community guarantee that she or he will appear.

percentage bail

Defendants may deposit a percentage (usually 10 percent) of the full bail with the court. The full amount of the bail is required if the defendant fails to appear. The percentage of bail is returned after disposition of the case, although the court often retains 1 percent for administrative costs.

preventive detention

Holding a defendant for trial, based on a judge’s finding that if the defendant were released on bail, he or she would endanger the safety of any other person and the community or would flee.

United States v. Salerno and Cafero (1987)

Preventive detention provisions of the Bail Reform Act of 1984 are upheld as a legitimate use of government power designed to prevent people from committing crimes while on bail.

Santobello v. New York (1971)

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

Boykin v. Alabama (1969)

Before a judge may accept a plea of guilty, defendants must state that they are making the plea voluntarily.

Missouri v. Frye (2012)

Criminal defendants’ Sixth Amendment right to counsel includes protection against ineffective assistance of counsel in the plea bargaining process, such as defense attorneys’ failures to inform their clients about plea bargain offers.

North Carolina v. Alford (1970)

A plea of guilty by a defendant who maintains his or her innocence may be accepted for the purpose of a lesser sentence.

Ricketts v. Adamson (1987)

Defendants must uphold the plea agreement or suffer the consequences.

Bordenkircher v. Hayes (1978)

A defendant’s rights are not violated by a prosecutor who warns that refusing to enter a guilty plea may result in a harsher sentence.

bench trials

Trials conducted by a judge who acts as fact finder and determines issues of law. No jury participates.

jury

A panel of citizens selected according to law and sworn to determine matters of fact in a criminal case and to deliver a verdict of guilty or not guilty.

Williams v. Florida (1970)

Juries of fewer than 12 members are constitutional.

voir dire

A questioning of prospective jurors to screen out people the attorneys think might be biased or otherwise incapable of delivering a fair verdict.

challenge for cause

Removal of a prospective juror by showing that he or she has some bias or some other legal disability. The number of such challenges available to attorneys is unlimited.

peremptory challenge

Removal of a prospective juror without giving a reason. Attorneys are allowed a limited number of such challenges.

real evidence

Physical evidence—such as a weapon, records, fingerprints, and stolen property—involved in the crime.

demonstrative evidence

Evidence that is not based on witness testimony but that demonstrates information relevant to the crime, such as maps, X-rays, and photographs; includes real evidence involved in the crime.

testimony

Oral evidence provided by a legally competent witness.

direct evidence

Eyewitness accounts.

circumstantial evidence

Evidence provided by a witness from which a jury must infer a fact.

reasonable doubt

The standard used by a jury to decide if the prosecution has provided enough evidence for a conviction.

appeal

A request to a higher court that it review actions taken in a trial court.

habeas corpus

A writ or judicial order requesting the release of a person being detained in a jail, prison, or mental hospital. If a judge finds the person is being held improperly, the writ may be granted and the person released.

retribution

Punishment inflicted on a person who has harmed others and so deserves to be penalized.

general deterrence

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

specific deterrence

Punishment inflicted on criminals to discourage them from committing future crimes.

incapacitation

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

selective incapacitation

Making the best use of expensive and limited prison space by targeting for incarceration those individuals whose incapacitation will do the most to reduce crime in society.

rehabilitation

The goal of restoring a convicted offender to a constructive place in society through some form of vocational or educational training or therapy.

restorative justice

Punishment designed to repair the damage done to the victim and community by an offender’s criminal act.

indeterminate sentence

A period set by a judge that specifies a minimum and a maximum time to be served in prison. Sometime after the minimum, the offender may be eligible for parole.

determinate sentence

A sentence that fixes the term of imprisonment at a specific period.

presumptive sentence

A sentence for which the legislature or a commission sets a minimum and a maximum range of months or years. Judges are to fix the length of the sentence within that range, allowing for special circumstances.

mandatory sentence

A sentence determined by statutes and requiring that a certain penalty be imposed and carried out for convicted offenders who meet certain criteria.

good time

A reduction of an inmate’s prison sentence, at the discretion of the prison administrator, for good behavior or participation in vocational, educational, or treatment programs.

earned time

Reduction in a prisoner’s sentence as a reward for participation in educational or other rehabilitation programs and for work assignments such as disaster relief and conservation projects.

intermediate sanction

A variety of punishments that are more restrictive than traditional probation but less severe and less costly than incarceration.

probation

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

shock probation

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

Furman v. Georgia (1972)

The death penalty, as administered, constitutes cruel and unusual punishment.

Gregg v. Georgia (1976)

Death penalty laws are constitutional if they require the judge and jury to consider certain mitigating and aggravating circumstances in deciding which convicted murderers should be sentenced to death. Proceedings must also be divided into a trial phase and a punishment phase, and there must be opportunities for appeal.

McCleskey v. Kemp (1987)

The Supreme Court rejected a challenge of Georgia’s death penalty on grounds of racial discrimination.

Atkins v. Virginia (2002)

Execution of developmentally disabled offenders is unconstitutional.

Roper v. Simmons (2005)

Execution of offenders for crimes committed while under the age of 18 is unconstitutional.

Witherspoon v. Illinois (1968)

Potential jurors who object to the death penalty cannot be automatically excluded from service; however, during voir dire, those who feel so strongly about capital punishment that they could not give an impartial verdict may be excluded.

presentence 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.

sentencing guideline

A mechanism to indicate to judges the expected sanction for certain offenses, in order to reduce disparities in sentencing.