Chapter 8,9,10 Flashcards
Federal Court System structure
- United States District Courts, 2. United States Courts of Appeals, 3. United States Supreme Court
State Court System structure
- Court of limited jurisdiction, 2. Courts of general jurisdiction, 3. Courts of appellate jurisdiction, 4. Court of last resort
Dual Court System
2 courts; Federal court system and State court system
Jurisdiction
refers to the geographic area it covers, the subject matter it deals with, and its place in the hierarchy of the court system
Appellate Jurisdiction
The appeals courts; Limited to matter of appeal and review from lower courts and trial courts
Original Jurisdiction
the power to hear and decide a case before any appellate review
Trial de novo
new trial, hear lower court case in trial de novo
Federal District Courts
Trial courts of the federal system and the District of Columbia- the courts of general jurisdiction; Jurisdiction over cases involving violations of federal law; try cases that involve compromises of nation security
Stare Decisis
let the decision stand
“Rule of Four”
4 out of 9 usually have to agree that your case has merit; that what you claimed in your appeal has ground for judicial review
Writ of Certiorari
a writ of review issued by the Supreme Court to “forward up the record” of a case it has tried so that the Supreme Court can review it
Going rate
The normal sentence for a specific type of crime
Missouri Plan
a way of picking judges that combines selection with election
Nolle Prosequi
a voluntary dismissal of criminal charges by the prosecution, or dismissal of a civil lawsuit
Selection of Judges
In partisan elections, the party affiliation of the candidate is indicated on the ballot, whereas in nonpartisan elections it is not; appointed the president and confirmed by senate and serve for however long they want
Prosecutorial roles
to counsel for the police; to represent and enforce due process; the elected official responsive to public opinion and concern
Discovery Process
pre-trial procedure; a request to examine the physical evidence, evidentiary documents, and lists of witnesses that the prosecutor has;
Expert witnesses
people that give actual facts and know exactly what happened
Jury Nullification
occurs when juries do not follow the court’s interpretation of the law in every instance, consider the application of certain laws to be unjust, refuse to convict because they consider the penalties too severe, or otherwise “nullify” or suspend the force of strict legal procedure.
voir dire
“speak the truth”; the process through which potential jurors from the venire are questioned by either the judge or a lawyer to determine their suitability for jury service
real evidence
physical details and objects, (DNA, fingerprints, appearance of crime scene, etc.); may be original object or facsimile representations (photographs, tire tracks, etc.)
testimonial evidence
sworn, verbal statement of witnesses; all real evidence is is accompanied;
direct evidence
eyewitness evidence; testimony from a witness that he or she saw them doing something illegal
circumstantial evidence
evidence from which a fact can be reasonably inferred;
Release on Recognizance (ROR)
promise to the court by the accused to attend all required judicial proceedings and to refrain from any illegal activity or other prohibited conduct as set by the court
10% cash bail or Surety bond
an agreement by a third party to be responsible for the bail debt of the defendant; bail bond agent provides this service; the defendant typically must pay the agent 10% of the bail amount and agent keeps the amount whether defendant shows in court or not
citation release
issuing of a citation or ticket by an arresting officer, informing the arrestee that he or she must appear on an appointed court date; no financial security and immediately after arrest
property bond
allows the accused or a person acting on his or her behalf to pledge real property that has a value at least equal to the amount of bail; if the accused fails to show in court, they can foreclose on the property to recover bail money; only available in few jurisdictions
cash bonds
used in jurisdictions where the only form of bail the court will accept is the total amount in cash; holds this money until case is concluded
lay witness
testify what they heard and what they saw; not accurate
legal sufficiency
when the prosecutor worries about if they’ll have enough evidence to bring charges against the defendant
system efficiency
aims at speedy and early disposition of a case; each case is evaluated in light of the current caseload pressures and the resources available
trial sufficiency
a case is accepted and charges are made only when enough evidence has been gathered to ensure a conviction during trial
plea bargaining
consequence: you accept a plea bargain you lose the right to appeal your case
90% of cases result in plea bargain before going to trial
charge reduction
charged with a 1st degree felony but plea a 2nd or 3rd degree
count reduction
8 separate counts of crime, but it was one action so its reduced from 8 separate crimes to 1 crime and you have to plea and get rid of the other 7
label change
change your label to make it look better on your record
sentencing recommendation
if the convicted cooperates, the prosecutor can recommend to the judge that he/she gives you suspension or probation
3 strike law
if you commit a crime and the judge has seen you before you can plea guilty and get a lesser sentence but if you don’t plea guilty they’ll sentence you with prison for life
Assigned counsel
ad hoc: every registered attorney in the county goes on a list and judges chooses (bad because it could be a criminal case and you could get a divorce lawyer); coordinated: only the people who want to: only certain cases are on the list; state must give you an attorney if you can’t afford one but they make sure you can’t afford one with a trial. contract with private firm/attorney: pick a law firm in town and handle all of the assigned cases
retained counsel
Defendant hires a private firm or a private lawyer; most can’t afford it, even crappy lawyers; $150/hour minimum for most, homicide defense can run $100k to 125k, simple could be 20 to 30k
public defenders
thought of as law firms with only criminals as clients; big cities; represent vast majority of defendants; paid for with tax dollars; organized along county or state lines; serve 68% of the population; lawyers develop some expertise because of daily contact with the criminal law
Powell v. Alabama
group of african american boys were on a freight train through alabama and got accused of raping 2 white women; conviction was sentenced to death
Gideon v. Wainwright
charged in florida state with a felony: having broken into and entered a poolroom with the intent of committing a misdemeanor. appeared in court without a lawyer and requested one. represented himself in court. found guilty
Argersinger v. Hamlin
indigent charged with carrying a concealed weapon (misdemeanor). 6 months in jail and $1000 fine. not represented in trial
Arraignment
charges against the accused are read, defendant asked to enter a plea, accused formally advised of their rights, police can’t just hold you for the hell of it, can only be held for 48 hours after booking, can’t use as a contest to guilty
pre-trial motions
motion to quash a warrant, motion to suppress/exclude evidence, motion for severance, motion to dismiss, motion for discovery of evidence, motion for change of venue
Bail purposes
to ensure that the accused appears in court for trial
Stages of Criminal Trial
- opening statements 2. presentation of the state’s case 3. presentation of the defense case 4. rebuttal and surrebuttal 4. closing arguments 5. charging the jury 6. deliberation and verdict
