criminal justice

Trial Courts

Resolve disputes between prosecution and defense through evidence presentation before a judge or jury.

Appellate Courts

Review trial decisions for legal error and do not hear new evidence.

Original Jurisdiction

The authority of a court to hear a case first, usually in trial courts.

Appellate Jurisdiction

The authority to review and revise the decision of a lower court.

Court of Last Resort

The highest appellate court, such as a state supreme court or the U.S. Supreme Court.

Limited Jurisdiction Courts

Courts that handle misdemeanors and small claims.

General Jurisdiction Courts

Courts that can hear all criminal and civil cases.

Federal Court System

Composed of U.S. District Courts, U.S. Courts of Appeals, and the U.S. Supreme Court.

Writ of Certiorari

A formal request to the U.S. Supreme Court to review a lower court decision.

Pretrial Release Types

Common forms include Release on Recognizance (ROR), bail bond, and property bond.

8th Amendment

Guarantees protection from excessive bail and cruel and unusual punishment.

Grand Jury

Issues indictments for criminal charges.

Preliminary Hearing

Determines probable cause for proceeding with charges.

Plea Options During Arraignment

Guilty, not guilty, nolo contendere, or standing mute.

Courtroom Work Group

Core members include judge, prosecutor, defense attorney, bailiff, clerk, and court reporter.

Nonprofessional Courtroom Actors

Includes defendants, victims, witnesses, jurors, and spectators.

Gideon v. Wainwright (1963)

Required states to provide attorneys to indigent defendants in felony cases.

Major Stages of a Criminal Trial

Includes jury selection, opening statements, evidence presentation, closing arguments, jury instructions, deliberation, and verdict.

Types of Jury Selection Challenges

For cause and peremptory challenges.

Sequestration

Isolating the jury from outside influences during the trial.

Subpoena

A court order requiring someone to appear in court or produce evidence.

Real Evidence

Physical material, such as a weapon or document.

Direct Evidence

Evidence that directly proves a fact, such as eyewitness testimony.

Circumstantial Evidence

Indirect evidence that implies a fact without direct proof.

Exculpatory Evidence

Evidence suggesting the defendant’s innocence.

Hearsay

Secondhand statements typically inadmissible in court.

Perjury

Willfully lying under oath.

Standard of Proof in Criminal Case

Beyond a reasonable doubt.

Factual Guilt vs. Legal Guilt

Factual guilt refers to actually committing the crime; legal guilt refers to being proven guilty in court.

Goals of Criminal Sentencing

Retribution, deterrence, incapacitation, rehabilitation, and restoration.

Retribution

Punishment as deserved, often referred to as 'just deserts'.

Deterrence

Prevention of crime through the threat of punishment.

Incapacitation

Restricting the offender's ability to commit crimes.

Rehabilitation

Efforts made to reform an offender.

Restoration

Repairing harm caused by criminal behavior, often involving victims and communities.

Reintegration

Helping offenders reenter society successfully after punishment.

Determinate Sentencing

A fixed term of imprisonment with limited judicial discretion.

Indeterminate Sentencing

A sentence with a range, allowing parole boards discretion over release.

Sentencing Disparity

Inconsistent sentencing for similar crimes or offenders.

Sentencing Discrimination

Disparities in sentencing due to race, gender, or socioeconomic status.

Aggravating Circumstances

Factors that increase the severity of the sentence, such as the use of a weapon.

Mitigating Circumstances

Factors that lessen the severity of the sentence, such as a first offense or showing remorse.

Presentence Investigation (PSI)

A report prepared by a probation officer to help the judge with sentencing decisions.