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 decision 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 branch, who represents the government in a criminal action and who enjoys broad discretion to initiate, conduct, and terminate prosecutions.

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.

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

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.