Chapter 4 Flashcards
Statstical information compiled from databases and gathered by objective measures. Typically compared with clinical data, which are less structured, interview based, and more subjective in nature.
Actuarial data
A document submitted to an appellate court by an outside party to call attention to some matter that might otherwise escape its attention
Amicus curiae brief
A court’s authority to hear appeals from decisions of lower courts.
Appellate jurisdiction
The court proceeding during which defendants are formally charged with an offense, informed of their rights, and asked to enter a plea.
Arraignment
Also called 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.
Bench trial (court trial)
Exercised by an attorney or judge whenever it can be demonstrated that a would-be juror does not satisfy the statutory requirements for jury duty.
Challenge for cause
An action at civil law, which is the part of the law concerned with noncriminal matters pertaining to the rights and duties of citizents
Civil case
An alleged violation of rules deemed so important that the breaking of these rules incurs society’s formal punishment, which must be imposed by the criminal courts.
Criminal case
Individual who is facing a legal action
Defendant
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 awaiy from the courtroom.
Desposition
The pretrial procedure by which one party in a civil or criminal case discloses to the other party information vital for his or her defense.
Discovery process
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.
Disposition
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.
Dual-courty system
Requirement from the Tarasoff case that clinicians must take steps to protect possible victims from serious bodily harm as a result of threats made by the clinicians’ clients.
Duty to warn or protect
Courts with broad authority over a vast array of both simple and complex cases, both civil and criminal.
General jurisdiction
Court authority over a specified geographical area of the country or state.
Geographical jurisdiction
A body of citizents (usually 23 in number) that is directed by the prosecutor to weigh evidence and decide whether there is enough to charge a person with a criminal offense.
Grand jury
A court appearance by an arrested individual if he or she is being held in jail rather than released or cited to appear in court at a later date. Its 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.
Initial appearance
Judge specification concerning the remedy to be borne by the defendant
Judgement
Court that settles small disputes or deals with preliminary issues in a major case
Limited jurisdiction
A rule that allows a lawyer to request the removal of a prospective juror without giving reason
Peremptory challenge
Person of party who initially brings a legal suit.
Plaintiff
Social history prepared by someone appointed by the court that includes information about the offender’s family background, employment history, level of education, substance abuse, criminal history, medical needs, and mental health history.
Presentence invistigation
The application of social and behavioral science techniques to assist attorneys in accepting jurors who will be favorably disposed toward their clients
Scientific jury selection
Courts that deal only with particular matters. Family courts, drug courts, mental health courts, and domestic violence courts are all examples of _____.
Specialized courts
Issues or legal matters over which a court has jurisdiction. For example, a family court may have authority over divorce, custody, adoption, and delinquecy matters.
Subject matter jurisdiction
Statutory stipulation that a therapist has the duty to warn and/ or a duty to protect individuals threatened by his or her patient.
Tarasoff requirement
Final question that must be decided by the court, such as whether the defendant was indeed insane (and therefore not responsible) at the time of his crime.
Ultimate issue
A process that allows the judge and attorneys to question the prospective jurors and possibly disqualify them from jury duty.
Voir dire
Steps taken by lawyers to prepare victims and other witnesses for their testimony in court. This usually includes educating the witness about what to expect, fully informing the attorney about what the witness knows, and coaching the witness about courtroom behavior and how to repsond to questions posed.
Witness preparation
