American Court System Midterm

Crime control model

A perspective on the criminal justice process which prioritizes the repression of criminal conduct.

Criminal justice system

The numerous public agencies involved in implementing public policy concerning crime.

CSI effect

Heightened juror expectations and demands for scientific evidence as a result of changes in popular culture brought about by rapid scientific and technological advances and widespread dissemination of information about them.

Due process model

A perspective on the criminal justice system that emphasizes protecting the rights of the individual.

Felonies

Crimes punishable by 1 year or more in prison in most states.

Misdemeanors

Crimes typically punishable by up to a year in local jails.

Violations

Crimes subject to a fine or short jail term.

Adjudicated

Judicial determination (judgment) that a youth is a delinquent or status offender.

Adjudicatory hearing

Court hearing to determine whether a youth is guilty or not guilty.

Automatic waiver

Typically requires criminal courts to handle all subsequent offenses allegedly committed by a juvenile after an initial transfer to adult court. Some states limit the application of these automatic transfers only to subsequent felonies or to juveniles who have reached the age of 16.

Blended sentencing

A corrective mechanism for waivers which allows criminal court judges to impose juvenile dispositions under certain circumstances, rather than imposing standard criminal sentences.

Child-victims

Juvenile court case involving a child who has been neglected and/or abused by the parents.

Children in need of supervision

Children before the court through no fault of their own. These types of cases generally involve issues of child abandonment, child abuse, or child neglect.

Conference

Juvenile court proceeding roughly equivalent to a preliminary hearing, in which the suspect is informed of his or her rights and a disposition decision may be reached.

Delinquency

An act committed by a juvenile that would require an adult to be prosecuted in a criminal court. Because the act is committed by a juvenile, it falls within the jurisdiction of the juvenile court. Delinquent acts include crimes against persons or property, drug offenses, and crimes against public order.

Detention

Holding a youth in custody before case disposition.

Dismissal

Cases terminated (including those warned, counseled, and released) with no further disposition anticipated.

Disposition

A court decision on what will happen to a youth who has not been found innocent.

Initial hearing

In juvenile court, an often informal hearing during which an intake decision is made.

Intake decision

The decision made by a juvenile court that results in the case being handled either informally at the intake level or more formally by petition and scheduled for an adjudicatory or transfer hearing.

Judicial waiver laws

Laws permitting (or requiring) juvenile court judges to transfer a juvenile to adult court for criminal prosecution.

Juvenile

Youth at or below the upper age of juvenile court jurisdiction.

Juvenile court

Any court that has jurisdiction over matters involving juveniles.

Lower age of jurisdiction

Minimum age at which a youth may be transferred to adult court.

Nonpetitioned case

A case handled informally by duly authorized court personnel.

Other dispositions

Miscellaneous dispositions, including fines, restitution, community service, and referrals outside the court for services, with minimal or no further court involvement anticipated.

Parens patriae

The state as parent; the state as guardian and protector of all citizens (such as juveniles) who are unable to protect themselves.

Petition

A document filed in juvenile court alleging that a juvenile is a delinquent or a status offender and asking that the court assume jurisdiction over the juvenile or that an alleged delinquent be transferred to criminal court for prosecution as an adult.

Placement

Cases in which youths are placed in a residential facility or otherwise removed from their homes and placed elsewhere.

Probation

Punishment for a crime that allows the offender to remain in the community without incarceration but subject to certain conditions.

Probation officer

Employee of probation agency, responsible for supervision of convicted offenders who have been released to the community under certain conditions of good behavior.

Prosecutorial waiver

Laws in 15 states which give the prosecutor the option of filing delinquency petitions in juvenile court or filing criminal charges in adult court.

Referral

A request by a law enforcement agency, governmental agency, parent, or individual that a juvenile court take jurisdiction of a youth. A referral initiates court processing.

Reverse waivers

A process which allows a juvenile to petition the criminal court to transfer jurisdiction to a juvenile court.

Status offense

Behavior that is considered an offense only when committed by a juvenile—for example, running away from home.

Statutory/legislative waiver

Laws in 30 states which grant exclusive jurisdiction over certain crimes to adult court regardless of the age of the offender.

Summons

A legal document ordering an individual to appear in court at a certain time on a certain date.

Transfer to criminal court

A case is moved to a criminal court because of a waiver or transfer hearing in the juvenile court.

Upper age of jurisdiction

The oldest age at which a juvenile court has original jurisdiction over an individual for behavior that violates the law.

Assembly-line justice

The operation of any segment of the criminal justice system with such speed and impersonality that defendants are treated as objects to be processed rather than as individuals.

Clerk of court

An elected or appointed court officer responsible for maintaining the written records of the court and for supervising or performing the clerical tasks necessary to conduct judicial business.

Courtroom work group

The regular participants in the day-to-day activities of a particular courtroom; judge, prosecutor, and defense attorney interacting on the basis of shared norms.

Delay

Abnormal or unacceptable time lapses in the processing of cases.

Discretion

The authority to make decisions without reference to specific rules or facts.

Legal ethics

Code of conduct for people in the profession of law.

Normal crime

Categorization of crime based on the typical manner in which it is committed, the typical social characteristics of defendants, and the types of victims.

Routine administration

A matter that presents the court with no disputes over law or fact.

Socialization

The process by which newcomers are taught the formal requirements of the job and informal rules of behavior.

Speedy-trial laws

Federal or state statutes that specify time limits for bringing a case to trial after arrest.

Absolute immunity

Complete freedom from civil liability.

Focal concerns theory

Sentencing decisions are shaped by three primary focal concerns:blameworthiness, protection of the community, and the practical constraints and consequences of the sentencing decision.

Local prosecutor

General term for lawyers who represent local governments (cities and counties, for example) in the lower courts; often called city attorneys or solicitors.

Officer of the court

Lawyers are officers of the court and, as such, must obey court rules, be truthful in court, and generally serve the needs of justice.

Prosecutor

A public official as part of the executive

qualified immunity:

Shields prosecutors from civil liability for acts beyond those associated with  courtroom advocacy, but still within the scope of their professional duties, but only if they are acting in  good faith that they are not violating any law or ethical rule of which a reasonable person in his or  position would be aware.  

State Attorney General:

The chief legal officer of a state, representing that state in civil and, under  certain circumstances, criminal cases.

U.S. Attorney General:

Head of the Department of Justice; nominated by the president and confirmed by  the Senate. 

U.S. 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.  

U.S. Solicitor General:

Third-ranking official in the U.S. Department of Justice who conducts and  supervises government litigation before the Supreme Court. 

assigned counsel system:   

Method of providing counsel for indigents through appointment by the court of  private attorneys from a list of available attorneys.

contract system:

Method of providing counsel for indigents under which private attorneys bid to  represent all criminal defendants during the term of a contract for a fixed payment. 

Indigents:

Defendants who cannot afford to pay a lawyer and, therefore, are entitled to a lawyer for free.

Model Rules of Professional Conduct:

Rules established by the American Bar Association imposing  ethical obligations on lawyers to their clients and the courts.

privileged communication:

Statements made by a client to his or her attorney. Provides protection from  forced disclosure without the client’s consent. Privilege communication includes any work product  developed in representing the client.  

Pro Se

Acting as one’s own attorney in court. Representing oneself.  

public defender:

Full- or part-time salaried staff who work for public or non-profit organizations that  represent indigents in criminal cases in a jurisdiction. 

right to counsel: 

Right of the accused to the services of a lawyer paid for by the government, established  by the Sixth Amendment and extended by the Supreme Court (Gideon v. Wainwright) to indigent  defendants in felony cases. 

American Bar Association (ABA):

The national lawyers’ association.  

chambers

The private office of a judge

gubernatorial appointments:

Method of judicial selection in which the governor appoints a person to a  judicial vacancy without an election. 

impeachment

Official accusation against a public official brought by a legislative body seeking his or  her removal.  

judicial conduct commission:

An official body, made up of judges, lawyers, and prominent laypersons,  whose function is to investigate allegations of misconduct by judges. 

judicial elections:

Method of judicial selection in which the voters choose judicial candidates in a  partisan or nonpartisan election. 

judicial independence:

Normative value that stresses a judge should be free from outside pressure in  making a decision.  

judicial performance evaluations (JPEs):

Questionnaires about judges, completed by an array of  different respondents, designed to provide feedback to judges to improve their own performance and to  provide the public with information about the judge.

Missouri Bar Plan:

The name given to a method of judicial selection combining merit selection and  popular control in retention elections.

removal:

To dismiss a person from holding current office and disqualify him/her from holding future  office.  

retention election:

An uncontested vote following a probationary period after the appointment of a judge  in a merit selection.

career criminals

The 7% of offenders who commit over 70% of serious criminal offenses. 

civil protection order

Court order requiring a person to stay away from another person.

Defendant:

The person or party against whom a lawsuit or prosecution is brought.

standby or shadow counsel:

lawyers appointed by the court to assist pro se defendants.

victim impact statements:

written or oral information about how the crime impacted the victim and the  victim’s family. 

Pro Se:

defendants who speak on their own behalf by serving as their own attorney.  

Describe how courts are related to other components of the criminal justice system.

Law enforcement, courts, and corrections are separate sets of organizations, but they are also interdependent. The courts process cases after suspects are arrested, and corrections handles defendants who are found guilty by the courts

Discuss the major types of courts found in the United States. 

A. Dual Court System, trial courts, and appellate courts 

Dual Court System: A court system consisting of a separate judicial structure for each state in addition to a national structure. Each case is tried in a court of the same juris- diction as that of the law or laws involved.

Trial Courts: Judicial body with primarily original jurisdiction in civil or criminal cases. Juries are used, and evidence is presented.

Appellate Courts: A court that hears appeals from trial courts on points of law.

 List the steps in a typical felony prosecution.

• Crime,

• arrest,

• initial appearance,

• bail,

• grand jury,

• preliminary hearing,

• arraignment, 

• discovery,

• pretrial motions,

• plea negotiations,

• trial,

• sentencing,

• appeal. 

 Explain how a law-in-action perspective complements a law-on-the-books approach to studying  the criminal courts. 

The law on the books approach to study- ing the criminal courts stresses the importance of examining the formal law and how courts interpret that law. The law in action approach is complementary because it stresses the importance of discretion throughout a criminal prosecution.

Distinguish between the crime control model of criminal justice and the due process model of  criminal justice 

The crime control model emphasizes the need to repress crime and efficiently process the large number of guilty defendants. The due process model of criminal justice emphasizes the importance of protecting the rights of citizens and providing careful consideration for each case.

Media Depictions and Distortions of Criminal Courts 

biggest court teacher in the US
Advantage: acquaints people with influences on case outcome (discretion with law in action)
Disadvantage: media distortion

1. After arrest, arrestees are brought before a judge and advised of their rights, the charges against  them, and given a chance to make bail at the: 

a. Pretrial hearing 

b. Initial appearance  

c. Arraignment 

d. Preliminary hearing  

B. Initial appearance

Describe the child-saving movement and its relationship to the doctrine of parens patriae.

Under the legal doctrine of parens patriae (state as parent), the government can intervene to protect the child if the par- ents are failing in their responsibilities. The child-saving movement, which began around 1890, believed that juvenile offenders required treatment, not punishment.

List the five ways in which juvenile courts differ from adult courts.

1. Juvenile courts emphasize helping the child;

2. the proceedings are informal,

3. the process is based on civil law,

4. the proceedings are secret,

5. jury trials are not allowed.

Discuss how states vary in terms of when a juvenile may be transferred to adult court for prosecution.

Most states consider children to be juve- niles until they reach their 18th birthday but some set this upper age as low as 15. Juveniles accused of serious offenses, or who have a history of repeated offenses, may be tried as adults. Some states set no lower age for transfer, while others set the lower limit at 14 or 16.

Contrast the three major types of cases that are heard in juvenile court.

In juvenile delinquency cases, the child is charged with a violation of the criminal law that is not based on age.

In status offenses, the child is charged with an activity that is illegal only for juveniles.

In child-victim cases, the child has committed no crime but the parents are accused of neglect or the like.

Identify and briefly describe the single most important Supreme Court case with respect to juvenile justice.

The Supreme Court decided In re Gault in 1967. Gault was arrested for making an obscene phone call, but his parents were not notified of his arrest or told of the court hearing. The Supreme Court held that juveniles are entitled to many of the same due process rights of adults, including the right to notice, the right to counsel, the right to confront witnesses, and the privilege against self-incrimination.

Explain the difference between a juvenile case that is petitioned and one that is nonpetitioned.

In juvenile court, charging occurs during the intake decision. Less serious cases are nonpetitioned and handled informally. Peti- tion cases are handled formally and often result in a finding of juvenile delinquency.

Compare and contrast how adherents of the crime control model and proponents of the due process model of criminal justice see the future of juvenile courts.

Adherents of the criminal control model of criminal justice stress that juveniles should face more adult-like penalties and that the juvenile courts should either be abolished or more juveniles transferred to adult court for prosecution. Proponents of the due process model of criminal justice stress that juveniles need more crime pre- vention programs and that juvenile courts should be less punishment-oriented.

In Ewing v. California (2002), the U.S. Supreme Court addressed which topic for the State of  California law? 

a. Capital punishment  

b. Civil commitment for sex offenders  

c. Legalized medical marijuana  

d. Three Strikes Law  

D

Have a general sense of who works where in the courthouse.

Bail bondsmen have their offices outside courthouses. Judges, lawyers, clerks, court stenographers, law clerks, and bai- liffs work inside the courtroom. Clerks of court and court administrators work behind the scenes.