Criminal Justice Final

Opening statements, Prosecutions case, motion to dismiss, defense’s case, prosecution rebuttal, closing arguments, jury instructions jury deliberation and verdict, sentencing, and appeal.

steps of a trial

Speedy Trial Act

Mandates a 30-day limit from the point of arrest to indictment and 70 days from indictment to trial, resulting in a total of 100 days from arrest to trial. (FEDERAL LEVEL, must have a grand jury)

Lower courts

aka limited jurisdiction trial courts that handle minor criminal cases, traffic cases, and civil disputes.

State trial courts

primary trial courts that handle felony and misdemeanor cases, along with various civil matters. Handle criminal violations and drug-related offenses

ICA (Intermediate court of appeals)

These courts stand between trial courts and supreme courts (courts of last resort), handling cases appealed from lower courts and only hear appeals.

Court of last resort (State Supreme Court)

The highest court in a state, with the final authority on legal matters, typically reviewing decisions from lower courts and overseeing the interpretation of state laws.

U.S. District Courts

The general trial courts of the federal court system, handling cases involving federal law, civil rights, and disputes across state lines. WORKHORSES

U.S. Court of Appeals

The appellate courts in the federal system that hear appeals from U.S. District Courts and review the application of law in those trials.

U.S. Supreme Court

The highest court in the federal judiciary system, it has ultimate appellate jurisdiction over all federal and state court cases involving issues of federal law.

Charge bargaining

A negotiation process where a defendant agrees to plead guilty to a lesser charge in exchange for a more lenient sentence or the dismissal of other charges.

count bargaining

A negotiation in which the defendant agrees to plead guilty to one or more counts in exchange for the dismissal of others, often resulting in a reduced sentence.

negotiating sentence

defendant aims at securing a more favorable sentence in exchange for a guilty plea ( serving a sentence concurrently instead of consecutively).

arraignment

This is when the defendant enters a formal plea, can be guilty, not guilty, or no contest

grand jury

A body of citizens convened to assess evidence and determine whether there is enough grounds to indict a suspect and proceed with a trial. Required for federal charges

voir dire

The process of questioning potential jurors to determine their suitability for a trial.

peremptory challenges

Legal means to exclude jurors from a trial without giving reason. Each side is allowed a limited number

Commission based appointments (merit based, Missouri plan)

judges selected based on a commission's recommendations rather than traditional election or appointment methods.

Partisan election

A voting process where judges are elected by the public and their political party affiliation is disclosed.

Nonpartisan election

judges are elected by the public without disclosing their political party affiliation, focusing on qualifications rather than party lines.

gubernatorial appointment

a judge is appointed by the governor of a state, with or without the confirmation of the state legislature.

Legeslative appointment/election

this is the process by which judges are nominated by legislative vote only

prosecutors

known as the gatekeeper of the justice system, called to ensure justice

prosecutorial immunity

prosecutors are immune from prosecution for actions taken in their official capacity. They cannot be sued

Defense attorney

known as the guiding hand of council,

Jury Instructions

whats the most important step in trial.

Partisan elections

what system does LA use for electing judges

Pro se

term for representing yourself

justification

type of defense, includes self defense, necessity, and duress (acting not on free will)

age, entrapment, intoxication, double jeapordy, mental illness/ insanity,

excuses

Public Defenders

Type of indigent service where paid government employees represent defendants who cannot afford counsel, are illiterate, uneducated, and uncooperative. USED BY LA

Assigned Counsel

type of indigent service where private attorneys are appointed on a as-needed basis

Contract system

type of indigent service where the government contracts with private attorneys or law firms to represent these defendants

Was under an unlawful and immediate threat of serious bodily harm

strongly believed the threat would be carried out

had no reasonable, legal alternative

did not recklessly or negligently place themself in the situation

duress

incapacitation, deterrent, rehabilitation, and retribution

goals of punishment

seriousness of the offense

what is the most important factor concerning punishment

Crime control model

Established Habitual offender laws

community model

Prisons and jails were seen as artificial institutions that were harmful to rehabilitation.

progressive model

Probation was launched as an alternative to incarceration.

colonial model

Salem Witch trials

Penitentiary model

walnut street jail (first penitentiary) is opened, criminals were supposed to refelct on past misdeeds

Roper v. Simmons

no death penalty for persons under the age of 18

Furman v. Georgia

struck down the death penalty under the 8th amendment for a time

Troy Gregg decision

found that punishment of death did not violate the constitution

ADX

only federal supermax, although considered administrative

federal parole

this does not exist

rehabilitate offenders and protect the community

corrections mission

deprivation of liberty, goods and services, heterosexual relationships, autonomy, security

pains of inprisonment

Review petitions, hear oral arguments, privately discuss the cases, and write opinions

4 supreme court activities

Bail

Which of the following pretrial processes has become controversial and is seeing a nationwide push for reform?

6

Which constitutional amendment guarantees the right to a speedy trial?

sentencing criminals

Which of the following do judges often report to be the hardest part of their job?

jail

less than a year, run by sheriffs office

prison

more than a year, operated by state or federal gov

medium security

Which of the following security levels has the most facilities?

body scanners

what is being used to detect contraband

Yard officers

Correctional officers who maintain order of incarcerated persons during physical exercise and socialization time?

prisonization

legitimizing, adjusting to, and accommodating the prison subculture’s norms and values

new asylums

jails and prisons have been called this because of the number of mental illnesses.

Estelle v. Gamble

First major prison medical treatment case

Cruz v. Beto

Reasonable opportunity to practice unconventional religious beliefs

Cooper v. Pate

Section 1983 legislation can be used by incarcerated persons, protected all religions

Wolff v. McDonnell

Incarcerated persons are entitled to due process rights during disciplinary hearings

Bounds v. Smith

Right to adequate law libraries

reentry and aftercare

involves providing services to, and supervision for, paroled incarcerated persons who are about to reintegrate into the community.

wardens

white, male, older than 50, career longer than 20 years

sexual assalt victims

victims normally early 30s, African American, had spent 2 years in prison. Most common place was the cell between 6pm and midnight. Often gang affiliated, used weapons, and repeat perpetrator. one third result in medical attention

Unpleasant enough to be effective

Incapacitate to prevent new offenses

Provide protection for the community

3 elements of effective incarceration

John Augustus

Who is known as the father of Probation

Alexander Maconochie

who is the father of parole

Technical violation

Failing to submit to a mandatory drug test is an example of which type of violation?

Substantive violation

Occurs when the person on probation commits a new criminal offense

Intermediate sanctions

less restrictive than confinement but more restrictive than probation

restorative justice

an approach to justice that focuses on repairing the harm caused by crime, rather than just punishing the offende