Intro to Crim J exam 2 chapters 7,8,9

adjudication

the determination of guilt or innocence; a judgment concerning criminal charges

appeal

a request for an appellate court to examine a lower court's decision in order to determine whether proper procedures were followed

bail

The monetary amount for or condition of pretrial release, normally set by a judge at the initial appearance. The purpose of bail is to ensure the return of the accused at subsequent proceedings.

Bail Reform Act of 1984

Federal legislation that provides for both greater emphasis on release on recognizance for non-dangerous offenders and preventive detention for those who present a menace to the community

bench trail

the trial of a criminal matter by judge only. The accused waives any constitutional right to trial by jury.

challenge for cause

A request that a prospective juror be removed because he or she is biased or has prior knowledge about a case, or for other reasons that demonstrate the individual's inability to render a fair and impartial judgment in a particular case.

confrontation clause

A part of the Sixth Amendment that establishes the right of a criminal defendant to see and cross-examine all the witnesses against him or her.

cross-examination

the process in which the defense and the prosecution interrogate witnesses for the other side during a trial

Cumpulsory process

competing the productions of witnesses via a subpoena.

Deposit bail

the monetary amount set by a judge at a hearing as a condition of pretrial release; the percentage of the total bond required to be paid by the defendant

direct examination

The questioning of one's own (prosecution or defense) witness during a trial.

directed verdict

the right of a judge to direct a jury to acquit a defendant because the state has not proved the elements of the crime or otherwise has not established guilt according to law

diversion

a noncriminal alternative to trial, usually featuring counseling, job training, and educational opportunities

hearsay evidence

testimony that is not firsthand but, rather, relates information told by a second party

indictment

the action by a grand jury when it finds that probable cause exists for prosecution of an accused suspect

information

Charging document filed by the prosecution that forms the basis of the preliminary hearing.

jury nullification

a defense tactic that consists of suggesting that the jury acquit a defendant, despite evidence that he actually violated the law, by maintaining that the law was unjust or not applicable to the case

Manhattan Bail Project

The innovative experiment in bail reform that introduced and successfully tested the concept of release on recognizance.

no bill

the action by a grand jury when it votes not to indict an accused suspect

peremptory challenge

the dismissal of a potential juror by either the prosecution or the defense for unexplained, discretionary reasons.

plea bargaining

Nonjudicial settlement of a case in which the defendant exchanges a guilty plea for some consideration, such as a reduced sentence.

preliminary hearing

A hearing that occurs in lieu of a grand jury hearing, when the prosecutor charges via information. Three issues are decided: whether a crime was committed, whether the court has jurisdiction over the case, and whether there is sufficient probable cause to believe the defendant committed the alleged crime.

preponderance of the evidence

the level of proof in civil cases; more than half the evidence supports the allegations of one side

presentment

the report of a grand jury investigation, which usually includes a recommendation of indictment

Pretrial detention

holding an offender in secure confinement before trial

Pretrial Procedures

critical pretrial processes and decisions, including bail, arraignment, and plea negotiation

preventative detention

the practice of holding dangerous suspects before trial without bail

pro se

"For oneself"; presenting one's own defense in a criminal trial; self-representation

proof beyond a reasonable doubt

The standard of proof needed to convict in a criminal case. The evidence offered in court does not have to amount to absolute certainty, but it should leave no reasonable doubt that the defendant committed the alleged crime.

release on recognizance (ROR)

A non-monetary condition for the pretrial release of an accused individual; an alternative to monetary bail that is granted after the court determines that the accused has ties in the community, has no prior record of default, and is likely to appear at subsequent proceedings.

venire

the group called for jury duty from which jury panels are selected.

voir dire

the process in which a potential jury panel is questioned by the prosecution and the defense in order to select jurors who are unbiased and objective

writ of habeas corpus

a judicial order requesting that a person who detains another person produce the body of the prisoner and give reasons for his or her capture.

_____________ council is a listen of private bar members who accept cases on a judge-by-judge, court-by-court, and case-by-case basis

assigned

Adversarial procedure/ systems

the burden is on the state to prove the charges beyond a resonance doubt

Appellate Court

A court having jurisdiction to review cases and issues that were originally tried in lower courts.

Court of Last Resort

The court authorized by law to hear the final appeal on a matter. Usually called a state supreme court

Courts of General Jurisdiction

Courts that conduct trials in felony and major misdemeanor cases. Also refers to courts that have jurisdiction to hear civil as well as criminal cases.

Courts of general jurisdiction are also known as.... (5)

Felony, superior, supreme, county, circuit

Does the prosecution represent the state or the victim during bail hearing in the pretrial stage?

the state - they don't represent the victim

highest appellate body and the court of last resort

the US Supreme Court

How many members composed the US Supreme Court and who appoints them?

9; appointed by the president for life with approval of congress

How many members of the justices have to vote to grant the writ of certiorari even before the case can be considered for review?

4 out of the 9

if a lawyer is appointed by the court to represent a defendant in a criminal case because the person is too poor to hire counsel, this is referred to as _______ ________

assigned council

In the _______ system of indigent defense, a block grant is given to a lawyer or law firm to handle indigent defense cases

contract

Landmark Decision

A decision handed down by the US Supreme Court that becomes the law of the land and serves as a precedent for resolving similar legal issues

Missouri Plan

A way of picking judges through nonpartisan elections as a way to ensure that judges adhere to high standards of judicial performance

prosecutor

Representative of the state (executive branch) in criminal proceedings; advocate for the state's case-the charge-in the adversary trail. The prosecutor participates in investigations both before and after arrest, prepares legal documents, participates in obtaining arrest or search warrants, and decides whether to charge a suspect and, if so, with which offense. The prosecutor argues the state's case at trial, advises the police, participates in plea negotiations, and make sentencing recommendations.

public defende

An Attorney usually employed (at no cost to the accused) by the government to represent poor persons accused of a crime.

State Courts of Limited Jurisdiction

Courts that have jurisdiction over misdemeanors and conduct preliminary investigations of felony charges.

State courts of limited jurisdiction are also known as..... (4)

Municipal courts, county courts, distract courts, and metropolitan courts

The Federal courts have a three-tiered hierarchy of court jurisdictions what are they in order of ascendancy?

US district court, US court of appeals (circuit courts), US supreme court

Three major categories of public defenders

•Public defender - a salaried staff of full-time or part-time attorneys •Assigned counsel - a lawyer appointed by the court to represent a defendant in a criminal case because the person is too poor to hire one

•Contract system - provides counsel to indigent offenders by having attorneys under contract to handle such cases

US magistrate judge

A federal trial judge who is appointed by a district court judge and who presides over various civil cases with the consent of the parties and over certain misdemeanor cases.

What are legal briefs?

the written arguments to the US Supreme Court

What are the three types of prosecutors?

Federal, state and county

What court has jurisdiction over cases involving violations of federal laws, including civil abuses, interstate transportation of stolen vehicle, and kidnappings? aswelll as citizenship rights

US districts courts

What court serves as the trial courts of the federal system and were organized by congress in the Judicial Act of 1789?

The US district courts

What is it called if a prosecutor decides to pursue a case, the charges may later be dropped if the conditions are not favorable for a conviction?

nolle prosequi

What is 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.

what is the 14th amendment

guarantees equal protection of the law

what is the Judicial qualification and selection for a judge at the federal level

no specific qualifications

What is the Judicial qualification and selection for a judge at the state level?

Missouri Plan

What prosecution policies require prosecutors to bring charges against domestic abusers regardless of whether the victim participates?

No drop

what two people are under the judges explicit control?

Probation and clerk

which amendment guarantees the right to counsel?

6th amendment

Which court has jurisdiction over the law of the United States and cases involving admiralty and maritime jurisdictions as we'll as controversies over two or more states of citizens?Also between agencies of the federal government

The federal court

Who are federal judges appointed by?

The president with advice and concent from the senate

Who is also known as the district attorney, county attorney, states attorney, or US attorney?

The prosecutor

who is an example of court security

the bailiff

who is the federal or also known as the US attorneys appointed by?

The president

Who is the federal trial judge appointed by?

The district court judge

who is the senior office in the court of criminal law?

The judge

Who selects and motivates potential candidates for the bench? -Missouri plan

A judicial nominating commission

Writ of Certiorari

A formal writ used to bring a case before the Supreme Court.

Blameworthy

Culpable or guilty of participating in a particular criminal offense.

Brutalization Effect

An outcome of capital punishment that enhances, rather than deters, the level of violence in society. The death penalty reinforces the view that violence is an appropriate response to provocation.

Chivalry Hypothesis

The view that low female crime and delinquency rates are a reflection of the leniency with which police treat female offenders.

Concurrent Sentences

Prison sentences for two or more criminal acts, served simultaneously and run together.

Consecutive Sentences

Prison sentences for two or more criminal acts, served one after the other.

Determinate Sentence

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

Equity

A legal principle of fair dealing, which may provide preventive measures and legal remedies that are unavailable under existing common law and statutory law.

General Deterrence

A goal of criminal sentencing that seeks to prevent others from committing crimes similar to the one for which a particular offender is being sentenced by making an example of the person sentenced.

Incapacitation

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

Indeterminate Sentence

A sentence of imprisonment to a specified minimum and maximum period of time, specifically authorized by statute, subject to termination by a parole board or other authorized agency after the prisoner has served the minimum term.

Just Desert

A model of criminal sentencing that holds that criminal offenders deserve the punishment they receive at the hands of the law and that punishments should be appropriate to the type and severity of the crime committed.

Mandatory Sentence

A sentence stipulating that some minimum period of incarceration must be served by people convicted of selected crimes, regardless of background or circumstances.

Penitentiary

An institution intended to punish criminals by isolating them from society and from one another so they can reflect on their past misdeeds, repent, and reform.

Rehabilitation

A program for reforming the offender to prevent later offenses.

Sentencing Guidelines

A set of rules and principles established by the United States Sentencing Commission that trial judges use to determine the sentence for a convicted defendant.

Specific Deterrence

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

Victim Impact Statement

Statement given by the victim, victim's family and friends, which is given after the verdict of guilty has been rendered (either before or after sentencing, depending on the state), that informs the jury or judge or court the "IMPACT" or loss caused by the convicted person's actions.