Ch. 8-9 Flashcards
An action that constitutes a violation of the law
Crime
The eight crimes that the FBI uses to create a yearly crime list:
Homicide, Forcible Rape, Arson, Robbery, Burglary, Aggravated Assault, Larceny over $50, Vehicle Theft
Index Crimes
See someone by legal authority and taken into custody
Arrest
First Appearance by a criminal defendant before judge or magistrate
Initial Appearance
Person arrested is required to pay fee to go free
Bail
Takes place in criminal court proceedings soon after the defendant has been criminally arraigned, the judge determines if there is enough evidence for the defendant to stand trial
Preliminary Hearing
Prosecution may file charges on all crimes for which the police arrested a suspect; prosecutor can decide to whether or not to press charges
Charging (with a crime)
A jury that examines the validity of the accusation before trial; they can charge or not, can also determine whether criminal charges (usually 23 people)
Grand Jury
A hearing where the person is accused of a crime is called before the court to answer to criminal charges or incitement, occur shortly after the arrest and booking the defendant will hear the charges and will have to enter a plea of guilty or not guilty
Arraignment
A person accused of a crime
Defendant
A person who charges a fee to criminal defendants in exchange for helping pay their bail
Bail Bondsman
Imprisonment of a person with the aim of preventing them from committing further defenses or a mandatory public order
Preventive Detention
A public official who initiates public proceedings against a person accused of a crime
Prosecutor
A formal document filed with a court of law or law enforcement agency, presenting a concise narration of an alleged criminal conduct and the identification of involved parties
Charging Documents
First document filed by PLAINTIFF against the defendant, contains the facts and reasons why the plaintiff is bringing charges against defendant
Complaint
A statement informing a magistrate of the offenses for which a warrant or summon is solved; an accusation or complaint
Information
A formal accusation based on available evidence; probable cause
Indictment
Reasonable grounds for making an arrest or search by police; usually made decided by judge
Probable Cause
If evidence is deemed sufficient, a grand jury will issue a true bill of indictment that there is probable cause
True Bill
Evidence obtained illegally cannot be used in court
Exclusionary Rule
A formal notice of abandonment by plaintiff or prosecutor on all or part of suit of action; a voluntary ending of a case before the trial or verdict is rendered
Noelle Prosequi
Major participants in the criminal justice system: prosecutor, defendant, defense attorney, judge
Courthouse Work Group
Norms in proper sentencing based on the crime committed
Normal Penalties
Process through which a defendant pleads guilty to criminal charge with the expectation of receiving some benefit from the state
Please Bargaining
A type of plea bargaining in what is relevant in a guilty plea, the prosecutor allows the defendant to plead guilty to a less serious charge than the one filed
Charge Bargaining
A type of plea bargaining in which a defendant pleads guilty to the same, but not all, of the counts contained in the charging document, which reduces the potential sentence
Count Bargaining
A type of plea bargain in which the defendant pleads guilty knowing the sentence bargain is less than the maximum sentence
Sentence Bargaining
A defendant plea of “no contest” in a criminal case- does not admit guilt but submits to sentencing or other punishments
Plea of Nolo Contendere
Offered plea is an informal admission of guilt and expression of innocence is ceremonial court; a plea bargain that allows the defendant to accept the consequences of a guilty verdict without a trial
Alford Plea
Parole
Continual release of an inmate from prison after serving a portion of the sentence
“Good Time”
Days off a sentence for good behavior
Probation
Punishment for crime that allows the offender to remain in the community without incarceration but subject to certain conditions
Fine
Sum of money to be given to the state by a conceited person as a punishment for an offense
Pre sentence Investigation
Probation officers present to the judge a report containing information about the offender so the judge can base his/her sentencing decision
Prior record
Defendant’s previous history of criminal corrections
Sentencing Discrimination
Illegitimate influence on sentence process
Sentencing Disparity
Inconsistencies in sentencing
Geography of justice
Variations in sentencing- different variations, different locations
Sentencing guidelines
Attempt to reduce disparities and discriminations in sentencing by providing judges with a structure to guide their decisions
Capital punishments
Use of death penalty as the punishment for the commission of a particular crime
Cruel and Unusual Punishment
Punishment by the government that is prohibited by the 8th amendment of the constitution
Bifurcated Trial
Only in death penalty cases; two part trial: first for guilt or innocence, the second for death penalty
