Chapter 4 Flashcards
Acute dynamic factors
Psychological characteristics that change rapidly (within days, hours, or even minutes) and include such things as mood swings, emotional arousal, and alcohol or other drug-induced effects
Amicus curiae briefs
Document submitted to appellate courts by outside parties to call attention to research or issues that might otherwise escape the courts’ attention
Appellate jurisdiction
A court’s authority to hear appeals from decisions of lower courts
Arraignment
Court proceedings during which criminal defendants are formally charged with an offense, informed of their rights, and asked to enter a plea
Bench trial/court trial
A civil or criminal trial in which the judge, rather than a jury, is the finder of fact, responsible for reviewing the evidence and rendering a verdict
Challenge for cause
Exercised by an attorney or judge whenever it can be demonstrated that a would-be juror does not satisfy the statutory or other requirements for jury duty
Daubert standard
Guide to help determine whether expert scentific testimony meets criteria established by the U.S Supreme Court for reliability and relevance
Deposition
Proceedings during which potential witnesses are questioned by attorneys for the opposing side, under oath and in the presence of a court recorder, although typically away from the courtroom
Discovery process
The pretrail procedure by which one party in a civil or criminal case discloses to the other party information vital for their defence
Disposition
The resolution of a legal matter. In criminal law, an example would be the sentence a defendant receives. In civil law, the disposition of a case may be a judgement in favor of the plaintiff. In juvenile law, a disposition is the equivalent of a criminal sentence
Dual court system
Refers to the fact that federal and state courts in the United States exist side by side, independent of one another, sometimes in the same geographical location
Dynamic risk factors
Aspects of a person’s developmental history that change over time, such as attitudes, opinions, and knowledge
General acceptance rule
Standard for admitting scientific evidence into court proceedings that allows it if it generally accepted as valid in the scientific community. This was the essence of the Frye standard that dominated in courts until the late 20th century
General jusisdiction
Refers to courts with broad authority over a vast array of both simple and complex cases, both civil and criminal
Geographical jurisdiction
Court authority over a specified geographical area of the country or state
Grand jury
A body citizens (usually about 23 in number) that the prosecutor directs to weigh evidence and decide whether there is enough to charge a person with a criminal offense
Initial appearance
A court appearance if an arrested individual is being held in jail rather than released or cited to appear in court at a later date. It’s purpose is to review the need for continuing detention. However, it also may apply to the first proceeding before a judge, whether or not the individual was detained
Limited jurisdiction
Refers to authority of lower courts that can only settle small disputes or deal with preliminary issues in a major cases
Peremptory challenge
A rule that allows a lawyer to request the removal of a prospective juror without giving a reason
Presentence investigation
Social history, typically prepared by probation officers, that includes information about the offender’s family background, employment history, level of education, substance abuse, criminal history, medical needs, and mental health history. Used by courts for sentencing purposes
Scientific jury selection
Procedures used by social scientists consulting with lawyers in efforts to help lawers select jurors who are most sympathetic to their side. May involve community attitude surveys or other methods to “predict” the ultimate decision of members of the jury pool
Shadow jury
Used by some trail consultants, these are individuals who match demographically and possibly in attitudes the members of an actual jury. Consultants note how the shadow jury is responding to the trail as it proceeds in order to suggest strategies to the lawyer who hired the consultant
Specialized courts
Courts that deal only with particular matters. Family courts, drug courts, mental health courts, sexual trafficking courts, and domestic violence courts are all examples
Stable dynamic factors
Although they are changeable, these factors usually change slowly and may take months or even years to change
