Chapter 10 Flashcards
Acceptance of responsibility
a genuin admission or acknowledgment of wrongdoing
Affirm
to uphold the decision or opinion of a lower trial court.
Aggravating circumstances
Events about the crime that may intensify the severity of punishment
Appeal
Any request directed to a higher court challenging the decision of a lower court.
Appelant
Person who initiates an appeal
Appellees
the respondents in a case appealed to a higher court.
Argument
Any rationale provided by the defense or prosecution to support their position in court.
Bifurcated trial
Tribunal in capital cases where the jury is asked to make two decisions.
Brief
A document filed to a lawsuit to convince the court of the merit of the case
Circumstantial evidence
Material provided by a witness from which a jury must infer a fact.
Conditions of confinement
The nature of jail or prison of incarceration(heat, humidity, cleanliness)
Death row
Arrangement of prison cells where inmates who have been sentenced to death are housed.
Defendant’s sentencing memorandum
Version of event leading to conviction offense in the words of the convicted offender.
Dissenting opinion
Any judicial opinion attacking the decision of a collegial court.
DNA fingerprinting
Detecting suspect according to their unique DNA patterns
Interiment sentencing
Imposed punishment where offender must serve a portion of sentence in jail.
Isolation
A sentencing philosophy where prisoners are placed in a confined cell with no communication with others.
Jail as a condition of probation
Sentence in which the judge imposes limited time to be served in jail before commencement of probation.
Mistrial
A trial that cannot stand, is invalid.
Mixed sentencing
Sentence that requires that the convicted offender serves weekends in jail while undergoing probationary supervision in the community.
Narrative
A portion of pre-sentence investigation report prepared by a probation officer which provides description of offense and offender.
Notice of appeal
Filling a formal document with the court advising that the sentence is to be appealed.
Opinion
The official announcement of a court’s decision and the reasons for that decision.
Oral argument
Verbal presentation made to an appellate court in order to persuade the court to affirm, reverse or modify a lower court decision.
Pardon
a declaration of forgiveness and freedom from punishment.
Probation officer
Person who supervises probationers.
Reversed or remanded
Decision by the appellate court to overturn the verdict of a lower trial court with instruction to the trial court to rehear the case.
Sentencing hearing
Optional hearing in which defendants and victims can hear content of pre-sentence investigation reports.
Sentencing memorandum
Court decision that furnishes ruling or finding and orders to be implemented relative to convicted offenders.
Sentencing probation (_parole)
Sentencing offenders to prison for a brief period to give them a taste of prison life and then releasing them into the custody of a probation or parole officer.
Split sentencing
Sentencing whereby a judge imposes a sentence of incarceration for a fixed period followed by probation.
Stare decisis
Legal precedent. The principle of leaving undisturbed a settled point of law.
Warrant
A written order directing a suspect’s arrest.
Wrongful conviction
Adjudication of guilt by either the judge or jury where the convicted offender is actually innocent.
