chapter 13 Flashcards
a practice area concerned with legal issues involving family relationships, such as adoption, divorce, and child custody
family law
a legal process that deals with the assets and debts left behind after someone dies. What kind of court is this supervised by?
probate law; probate court
a serious criminal offense that subjects a person to fines or imprisonment
felony
a minor criminal offense usually punishable by a small fine or short jail sentence
misdemeanor
a suspension of the prison sentence and community supervision; the defendant must meet requirements imposed by the court
probation
a release after serving some prison time, under specified rules and under the supervision of its officer
parole
an amount of money given to a court to allow a prisoner to leave jail and return later for a trial
bail
in some counties, an elected official who prosecutes misdemeanor cases
County attorney
a public official who prosecutes the more serious criminal cases in district court
district attorney
private lawyers, paid by the county, who are appointed by judges to provide legal representation for poor people
assigned counsel
a salaried lawyer, funded by the government or grants, who represent poor people
public defender
percent of court appointed lawyers in misdemeanor cases
47% incarcerated
percent of retained lawyers in misdemeanor cases
28% incarcerated
percent of court appointed lawyers in felony cases
42% incarcerated
percent of retained lawyers in felony cases
22% incarcerated
case that focused on issues of crowding, security and supervision, health care, discipline, and access to the courts (dealt with Texas prisoners)
Ruiz v. Estelle
in 2020, what was the number of prison inmates per 100,000 of the of population in Texas?
608
What rank is Texas in incarceration rates and crimes committed
5th in incarceration rate, and 16th in crimes committed
which state ranks first in incarceration rate?
Louisiana
which state has more verified wrong convections than any other state
Texas
the courts focused on the arbitrary nature with which death sentences have been imposed, often indicating a racial bias against black defendants
Furman vs Georgia (1972)
the court enunciated the “exclusionary rule” to prevent policy and prosecutors from using evidence that had been obtained from warrantless and unreasonable searches
Mapp v Ohio (1961)
a plea indicating a defendant’s decision not to contest a criminal charge
Nolo Contendere
which amendment says “I have the right not to incriminate myself” (forbids double jeopardy)
5th Amendment
suspect must explicitly invoke their rights - not just remain silent. After 3 hours, the answer was “yes”
Berghuis v Thompkins (2010)
the prosecution of a person twice for the same offense
double jeopardy
double jeopardy didn’t apply to the states until what year and after which trial?
1964, Benton vs Maryland
the court mandated that prior to questioning, a suspect must be informed of her or his constitutional rights such as the right to remain silent and the right to an attorney
Miranda v Arizona (1966)
case that said you have the right to a lawyer in a felony case
Gideon v Wainwright (1963)
provides that the accused must have a speedy and public trial by an impartial jury
6th amendment
case where the court allowed the execution of a convicted murderer who had the intelligence of a 7-year-old
Penry v Lenaugh (1989)
case where the court allowed the execution of a minor who had been convicted of murder
Sanford v Kentucky (1989)
case that overturned Penry v Lenaugh
Atkins vs Virginia
case that overturned Sanford v Kentucky
Roper v Simmons
in Texas, who may vote upon full discharge of sentences
ex-felons
these are granted by the Texas Board of Pardons and Paroles
pardons
how many people consists of the grand jury
12 people
an agreement between the prosecutor and the defendant whereby the defendant agrees to plead guilty
plea bargain
which city ranks #1 in murder rate?
Jackson Mississippi
crime with highest clearance rate is what?
murder
amendment that has to do with search and seizure
4th amendment
