intro to crim exam #2

adversarial

type of court system where lawyers for each side represent their clients' best interest in presenting evidence & formulating arguments, protecting rights of defendants

inquisitorial

more judge discretion/jurisdiction, can examine evidence, not used in US

criminal courts

trial courts, highly decentralized, local policital values affect courts, in most states crim courts operate under state penal code: staffed, managed, & financed by city/county gov'ts

courtroom workgroup

The social organization consisting of the judge, prosecutor, defense attorney, and other court
workers.

local legal culture

shared goals/norms amongst the CRWG

going rate

the define penalty associated with a particular crim

arraignment

accused person appears in court, charges are read, & accused pleads either guilty/not guilty

preventative detention

hold defendant until trial date, based on judges finding that defendant would be a danger to society if released

trial

structured process where the facts of a case are presented to a jury, and they decide if the defendant is guilty or not guilty of the charge offered

sentencing

punishment for a crime ordered by a trial court after conviction in a criminal procedure, normally at the conclusion of a trial

appeal

request to higher court that it review actions taken in trial court, based on questions of procedure, not on issues of defendant's guilt/innocence (not second-guessing jury decision)

prosecuter

a government official who conducts criminal prosecutions on behalf of the state, often the most powerful CRWG actor, excercises lot of discretionary powers

count

each separate offense in an indictment/information

discovery

prosecutors decide evidence obtained and which to use in trial

Nolle prosequi

prosecution may drop/dismiss charges in hopes that defendant will agree to a guilty plea bargain

Defense attorney

represent accused offenders & convicted offenders, advise and help protect defendant's constitutional rights @ each CJS process stage

Habeas corpus

writ, judicial order requesting release of a person being detained

assigned counsel

private attorney assigned by the court, attorney's fees are paid by jurisdictional gov't over case

contract counsel

private attorney contracts w/ gov't to represent all indigents in county during a set time period & for set dollar amount

public defender

court-appointed attorney employed full time, salaried basis by a public or private non-profict organization to represent idigents, assigned to indigent defendants by state,

bail

money required to get suspect out of LE custody

plea bargaining

prosecutor might dismiss some charges if accused pleads guilty to other specific charges

bench trial

judge acts as fact finder & determines issues of law, no jury involved

jury

body of people (typically twelve in number) sworn to give a verdict in a legal case on the basis of evidence submitted to them in court

Voir dire

questioning of prospective jurors, screen out people attorneys think might be biased/incapable of delivering a verdict
-Challenge for Cause = removal of juror by showing that they have some bias or other legal disability
-Peremotory Challenge = removal of juror w/ out any reason

rebuttal witnesses

testimony designed to discredit/counteract testimony presented on behalf of defendant, defense can question witnesses & new witnesses in its own rebuttal

closing arguments

-made after each side completes presentations
-attorneys review evidence for jury - present interpretations of it that facor own side
-each side reminds jury to impartially evaluate evidence and to not be swayed by emotion

three-strikes laws

Convictions of third felony recieves a lengthy prison sentence

truth-in-sentencing laws

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

intermediate sanctions

Sanctions that are more restrictive than probation and less restrictive than imprisonment.

probation

A criminal sanction in which a convict is allowed to remain in the community rather than be imprisoned.

incapacitation

A strategy for preventing crime by detaining wrongdoers in prison, thereby separating them from the community and reducing criminal opportunities.

deterrence

The strategy of preventing crime through the threat of punishment.

rehabilitation

The philosophy that society is best served when wrongdoers are provided the resources needed to eliminate criminality from their behavioral pattern.

restorative justice

An approach to punishment designed to repair the harm done to the victim and the community by the offender’s criminal act

indeterminate sentencing

Imposition of a sentence that prescribes a range of years rather than a definite period of years to be served.

restitution

Monetary compensation for damages done to the victim by the offender’s criminal act.

shock probation

legal policy by which a judge orders a convicted offender to prison for a short time and then suspends the remainder of the sentence in favor of probation

shock incarceration

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

mixed sentences

a punishment in which the convicted offender serves a mix or combination such as weekends in prison but weekdays on supervised release

determinate sentencing

Imposition of a sentence that is fixed by a sentencing authority and cannot be reduced by judges or other corrections officials.

Mandatory sentencing

Statutorily determined punishments that must be applied to those who are convicted of specific crimes.

sentencing guidlines

Legislatively determined guidelines that judges are required to follow when sentencing those convicted of specific crimes.

diversion

An effort to keep offenders out of prison or jail by diverting them into programs that promote treatment and
rehabilitation rather than punishment.

alternative sentencing

anything that isn't an outright sentence of incarceration(anything that isn't jail time, community service, probation, rehab, blah, blah)

'good time'

A reduction in time served by prisoners based on good behavior, conformity to rules, and other positive behavior.

aggravating circumstances

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

mitigating circumstances

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

pre-sentence report

legal document that presents the findings in investigation into the "legal and social" background of a person convicted of a crime before sentencing to determine if there are extenuating circumstances should influence the severity or leaniency of a criminal sentence

capital punishment

The use of the death penalty to punish wrongdoers for certain crimes.

Writ of Habeas Corpus

an order that requires correction officials to bring n inmate before a court or a judge and explain why her or she is being held in prison

parole

The conditional release of an inmate before his or her
sentence has expired.

parole boards

A body of appointed civilians that decides whether a convict should be granted conditional release before the end of his or her sentence.

parole revocation

violating conditions of your parole which ends in termination of your parole

revocation hearing

hearing with the judge that initially sentenced you

conditional release

a method of release with sanctions(rules) obey conditions under the threat of revocation

intensive probation supervison

A punishment-oriented form of probation in which the offender is placed under stricter and more frequent surveillance and control than in conventional probation.

home confinement

A community-based sanction in which offenders serve their terms of incarceration in their homes.

net widening

the term used to describe the growing number iof individuals placed under a controlled criminal justice system

jails

A facility, usually operated by the county government, used to hold persons awaiting trial or those who have been found guilty of less serious felonies or misdemeanors.

privatization

The socialization process through which a new inmate learns the accepted norms and values of the prison culture.

classification system

The process through which prison officials screen each incoming inmate to best determine that inmate’s security and treatment needs.

prison subculture

the customs, beliefs, attitudes, values, and lifestyles of prison inmates within a specific prison

Discretionary Release

The release of an inmate into a community supervision program at the discretion of the parole board within limits set by state or federal law

mandatory release

Release from prison that occurs when an offender has served the full length of his or her sentence, minus any adjustments for good time.

pardon

An act of executive clemency that overturns a conviction and erases mention of the crime from the person’s criminal
record.

prisoner reentry

process by which prisoners have been released return to the community

security threat groups

A group of three or more inmates who engage in activity that poses a threat to the safety of other inmates or the prison staff

us gov branches

executive, judicial, legislative

dispute processing

alternatives to having a court (could be state or federal) decide the dispute in a trial or other institutions decide the resolution of the case

policy making

policy provide guidence to criminal justice officials and ensures society complys to the laws

Dual Court system

The separate but interrelated court system of the United States, made up of the courts on the national level and the courts on the state level.

state court

state courts handle final arbritrators in state laws and constitutions their interpretation can be revised by supreme courts or appelette. They handle vast majority of civil and criminal cases.

federal court

trial courts, appelette courts they have limited jurisdiction

structure of US court system (dual):
trial courts of limited jurisdiction
trial courts of general jurisdiction
appellate courts
courts of last resort

trial courts of limited jurisdiction = jurisdiction over misdemeanors & prelim matters in felony cases
trial courts of general jurisdiction = jurisdiction over all offenses & felonies, hear appeal in some states
appellate courts = 39/50 states, handles appeals
courts of last resort = SCOTUS

jurisdiction types:
original
appellate
concurrent
exclusive

original = court 1st hearing the case, try the facts (bring in evidence, tell charges possible)
appellate = court may hear a case on appeal
concurrent = more than 1 court, 2 courts have some type of jurisdiction
exclusive = exclusively 1 court has jurisdiction

types/examples/description of federal courts

includes US District courts (fed trial courts of general jurisdiction), US Circuit courts of Appeals (appellate courts), & SCOTUS (last resort)

court process:
arraignment
trial
sentencing
appeal

arraignment = accused hears indictment/information, may plead guilty or not, if plead guilty --> sentenced w/out trial
trial = defendant not guilty until evidence proves beyond reasonable doubt
sentencing = judge imposes sentences w/in limits set by law; includes suspended sentences, probation, imprisonment, & fines
appeal = review court procedures by higher court, if success --> defendant given 2nd trial

functions of judge:
adjudicator
negotiator
administrator

adjudicator = neutral in overseeing court, apply law to uphold defendant's rights regarding detention/pleas/trials/sentencing, some discretion (setting bail), avoid bias
negotiator = decisions about defendant aren't always public, decisions made through negotiations between prosecutions & defense, act as ref keeping both sides on track w/ law, sometimes more active in negotiations (plea bargains, bail, sentencing)
administrator = manage labor relations/budgeting/maintenance of court building, deal w/ politicians, paperwork

the prosecutorial system

-prosecutors tasked w/ plea bargains, provide sentencing recommendations to judge
-decide which evidence is to be used/shown
-have burden of proof
-represent gov't & people of state/society
-use discretion when deciding # of charges and what to charge defendant w/
-can dismiss/drop certain charges

reasons for wrongful convictions

-bad lawyer
-false testimonies/confessions
-getting framed
-gov't/prosecutorial/law enforcement misconduct
-eyewitness testimonies often unreliable
-limited sciences
-snitches
-forensic science misconduct

Innocence Project

founded in 1992, nonprofit legal organization that is committed to exonerating individuals who have been wrongly convicted, through the use of DNA testing and working to reform the criminal justice system to prevent future injustice

stages of pretrial process

Stop, detention, and arrest
Search and seizure
Booking and filing charges
Suspect and/or eyewitness lineup identifications
Appointment of counsel, which refers to assigning a court-appointed lawyer to the defendant if they cannot provide one for themselves
Plea bargaining
Evidence

definition/examples of bail & bail bondsman, etc.

money required to get suspect out of law enforcement custody, pre-trial release
bail bondsman = private businesspeople who are paid fees by defendants who lack the money to make bail, for a fee of about 5%-10% of the bail amount bondsman will put up money/property to gain defendant's release

alternatives to bail system:
citation
release on recognizance
percentage bail
bail guidelines
preventative detention

citation = written order/ summons issued by LE officers, directs alleged offender to appear in court @ specific time to answer criminal charge
release on recognizance = pretrial release, granted on defendant's promise to appear in court (judge believes defendant's ties to community guarantee that they'll appear), only 1.5% fail to appear
percentage bail = defendant deposits percentage of full bail amount (10%), percentage returned after disposition of case (court retains 1% for administrative costs), full bail amount is required if defendant fails to appear
bail guidelines = reformers create guidelines for setting bail, address issues of unequal treatment, specify standards judges should use in setting bail, list appopriate amounts
preventative detention = hold defendant until trial date, based on judges finding that defendant would be a danger to society if released

plea bargaining:
benefits
criticisms
tactics

benefits = cases are completed quicker, defendant likely to receive lesser sentence than in trial, prosecution gains high conviction rate, helps public defenders w/ large caseloads, judges avoid time-consuming trials
criticisms = defendant sometimes pleads guilty even though they are not just to get a lesser sentence or less jailtime, some think plea bargaining takes away trial constitutional rights
tactics = multiple-offense indictment, defense attorneys threaten to ask for jury trial if concessions aren't made

criminal trials:
8 steps of trial process
role of the jury
jury trial vs. bench trial

1. jury selection
2. opening statements by prosecution & defense
3. prosecution shows evidence & witnesses
4. defense presents evidence & witnesses
5. presenation of rebuttal witnesses
6. both sides present closing arguments
7. judge gives info to jury
8. jury makes a decision
-the jury is to be impartial, unbiased, and uninfluenced by any discriminatory factor involved w/ the case - must make a decision based on the evidence & facts to determine the consequences of the criminal's acts
-in bench trial - judge acts as fact finder & determines issues of law, no jury involved; in jury trial - a group of 12 citizens are assigned to come to a unanimous decision on the fate of the defendant

types of evidence:
real
demonstrative
testimony
direct
circumstantial

real = things such as weapons, records, fingerprints, & stolem property
demonstrative = not based on witness testimony; demonstratees info relative to crime (maps, x-rays, & photos: includes real evidence)
testimony = can be witnesses, oral evidence provided by legally competent witnesses (doctors, other professionals)
direct = eye witness accounts, confessions, weapons
circumstantial = provided by witness from which jury infers fact (test results, DNA, fingerprints)

6th amendment

right to attorney/counsel in trial if defendant unable to afford one

8th amendment

no excessive bail or cruel & unusual punishment

14th amendment

No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Gideon v. Wainwright

extended appointed counsel right to felony cases, plea for appointed counsel was denied by Florida SC --> pro se (self-represenation)

Argersinger v. Hamlin

accused cannot be subjected to actual imprisonment unless provided with counsel

Scott v. Illinois

held that the Sixth and Fourteenth Amendments require that no indigent criminal defendant be sentenced to a term of imprisonment unless the State has afforded him the right to assistance of appointed counsel in his defense, but do not require a state trial court to appoint counsel for a criminal defendant, such as petitioner, who is charged with a statutory offense for which imprisonment upon conviction is authorized but not imposed

US v. Salerno

ruled that preventative detention is a legitimate use of gov't power, designed to ensure that criminal won't further their criminal activity in society

Santobello v. NY

Court ruled that the sentence of the defendant should be vacated because the plea agreement specified that the prosecutor would not recommend a sentence, but the prosecutor breached the agreement by recommending the maximum sentence

Powell v. Alabama

Death penalty case, defendents were young, poor, low mentality, not literate
Right to appointed counsel, but limited to specific facts of the case

Furman v. Georgia

death penalty, as administered, constitutes cruel and unusual punishment

Gregg v. Georgia

death penalty laws are constitutional

McClesky v. Kemp

Rejects challenge of death penalty based on discrimination