chapter 7-9 Flashcards
2 types of courts in the US
federal court system
united states supreme court
state judicial structures, most states have at least 3 court levels, generally referred to as trial courts, appellate courts and a state supreme court
state court system
territory, subject matter, or persons over which lawful authority may be exercised by a court or other justice agency, as determined by statute or constitution
jurisdiction
famous case that deals with jurisdiction that everyone in the area is familiar with
derek chauvin
authority of a given court over a specific geographic or over particular types of cases
original jurisdiction
lawful authority of a court to review made by a lower court
appellate jurisdiction
where criminal cases begin, conduct arraignments, sets bail, take pleas, conduct trials
state trial courts
trial courts of limited or special jurisdiction are also called ______ courts
lower
request that a court with appellate jurisdiction review, decision, or order of a lower court and set it aside or modify it
appeal
decisions can be affirmed, reversed, or remanded
correct, incorrect, lower court incorrect sending back to them for further review
federal judiciary consists of 3 levels
- us district courts
- us courts of appeals
- us supreme court
how many judicial districts are there?
94
appeals which have little substance, raise no significant issues, and are quickly disposed of
frivolous
appeals which are brought primarily because of the demands of the litigants, even if the chances are very slim of reversal
ritualistic
appeals which entail major questions of the law and policy where there is considerable professional disagreement, reversal is of the highest probability
nonconsensual
how many justices on the supreme court?
9 with 1 as chief justices
power of a court to review actions and decisions made by other agencies of gov
judicial review
decisions are not usually unanimous since
theres more republican justices than democratic 6 to 3
first appearance is within 48 hours and the defendent is..
given formal notice of charges, advised of rights, obtain a lawyer, opportunity for bail
bails serve 2 purposes such as re-appearance of accused and…
un-convicted persons from suffering imprisonment
court must be satisfied that the person is not a ____ risk when given bail
flight
refers to the pre-trial release of a criminal defendants on their written promise to appear
release of recognizance (ROR)
another alternative to bail is good standing, have not skipped bail before, no failures to appear, job house and family ties to _______ minor offense
community
setting of bail in the form of land, houses, stocks, and other tangible property/ f defendant doesn’t show they keep it
property bonds
% of the bail is paid in cash
deposit bail
court finds whether the defendant is competent to stand ____
trial
they have to find if the defendant has a reasonable degree, does the def understand what going on and can he _____ in his own defense
assist, Dusky Standard
formal answer in court to charges held against the def
guilty, not guilty, no contest
dramatically decreases the time needed to process a case
negotiates agreement among def, prosecutor, and the court as to what an appropriate plea and associated sentence should be in a given case
plea bargaining
____% of cases are resolved through plea bargain
97
professional courtroom participants including judges, prosecuting attorneys, defense attorneys, public defenders, and others serving the court
courtroom work group
main goal in the court everyone involved in to bring the entire procedure to a ______ _______
successful date
elected or appointed public official whose job is to conduct criminal proceedings on behalf of the state or the people against an accuse person
prosecuting attorney
trial lawyer hired or appointed to conduct the defense of someone accused of a crime; job is to cast reasonable doubt
defense counsel
attorney employed by a gov for purpose of providing defense services to indigents
public defender
court officer who’s duties are to keep order in the courtroom and to maintain physical of the jury
bailiff
keeps trial running smooth by maintaining schedule and keeping everyone in line
court administrator
records all that occurs in courtroom
court reporter
maintains all records of criminal cases including pleas and decisions made during trial
clerk of courts
person who has special kills recognized by courts as relevant to determination of guilt or innocence
expert witness
preliminary exam of a witness of a juror by judge or counsel
voir dire
eyewitness, character witness, or any person called to testify who is not considered an expert; testify facts
lay witness
order issued by a court of law requiring an individual to appear in court and give testimony
subpoena
member of a jury selected for jury duty required to serve as an arbiter of the facts in a court of law; render a verdict
jurors
organized program which offers services to victims of crime
victim assistance programs
rules of court which govern the admissibility of evidence at a criminal hearing and trial
rules of evidence
trial must be sought within 30 days, trial must begin within 70 days
speedy trial act
criminal jury is composed of..; 6th amendment assures defendant to jury
12 members
jurors can be challenged in 3 ways challenges to the array, challenges for case, peremptory challenge
.
a challenge that states that the pool of potential jurors in not representative of the community as a whole
challenges to the array
challenges that make claim that the person cannot be fair or impartial
challenges for cause
means of removing unwanted potential jurors
peremptory challenge
anything useful to a judge or jury in deciding the facts of a case
evidence
evidence that proves a fact without drawing inferences
direct evidence
evidence that requires the judge or jury to reach a conclusion based upon what the evidence indicates
circumstantial evidence
oral summation of a case presented to a judge or jury by the prosecution or defense in a criminal trial
closing arguments
formal and final finding made on the charges by a jury and reported to the court, or by a trial judge when no jury is used
verdict
imposition of a sanction by a judicial authority
sentencing
act of taking revenge on a criminal perpetrator
retribution
imprisonment or other means to reduce the likelihood that an offender will commit future offenses
incapacitation
goal of criminal sentencing that seeks to inhibit criminal behavior through the fear of punishment
deterrence
specific deterrence-preventing a particular individual from committing another ______
crime
making an example, so others will not commit crimes of the same sort out of threat of punishment is general _____
deterrence
___% if everyone incarcerated WILL return to the community
90
________ sentencing provides a reason/incentive for them to behave while incarcerated
indeterminate
offender given a fixed term that may be reduced by good time(sentencing)
determinate sentencing
multiple sentences running at the same time
concurrent
one sentence first then the next
consecutive
circumstances relating to the commission of a crime which caused its gravity to be greater than that of the average instance of the given type of offense such as..
children, sexual cases, elderly, torture of pain, lack of remorse
mandatory sentencing has no _____________
leeway
exam of a convicted offenders background prior to sentencing
pre-sentence investigation; used by judge to determine time
