ACJS Final Flashcards
What type of proceeding is at the heart of a criminal trial?
Adversary
What does a criminal trial visibly teach the public?
- Integrity
- Fairness
- Effectiveness of criminal justice process
What is legal guilt?
Government proves guilt beyond a reasonable doubt
What is factual guilt?
A jury believes defendant is guilty beyond a reasonable doubt.
Who has the burden of proof in criminal trials?
The state
What are the four types of evidence?
- Real
- Testimonial
- Direct
- Circumstantial
To be accepted by the court, evidence must be:
- Relevant
- Material
- Competent
Define Self Defense and give an example:
A person uses reasonable and necessary force to defend themselves against threat of immediate violence from an other. i.e.: you are attacked by person with wrench and you use a baseball bat to defend yourself
Sentencing is what type of process?
Judge imposes punishment upon people convicted of crimes
What two techniques or processes of affecting behavior?
- Reward
2. Punishment
5 uses of punishment to deal with violators of norms (rationale for punishment)
- Retribution
- Deterrence
- Incapacitation
- Rehabilitation
- Reintegration
The three major reasons that traditional sentencing disparities exist:
- Structure of indeterminate sentencing
- Judges have discretionary power
- Plea bargaining
Support of the death penalty since the 1960’s has:
Risen
The most significant argument against capital punishment is that it is:
Discriminatory
What is a jail?
Where pre-trial detainees are held. Run by local government