Chapter 9 Flashcards
Dual courts
There are separate federal and state courts
Where are most cases heard local state or federal
most cases are heard in state courts (10 times the amount of federal courts)
Jurisdiction definition
geographical or legal territory which control may be exercised (range of courts authority)
Case loads of state courts
large caseloads(most crimes are defined by state laws and they handle misdemeanors and lesser offenses)
What type of structure do US courts use
federal level; district (trial) courts, circuit court of appeals (level one appeals), U.S. Supreme Court(final authority for appeals). state level; trial courts of limited jurisdiction (misdemeanors, preliminary matter for felony, and felony below a specified limit), trial courts of general jurisdiction (jurisdiction over all offenses even felonies some hear appeals), intermediate court of appeals (first level appeals), appellate court of last resort(state supreme court, final place you can appeal to within a state court), The Supreme Court(final place to appeal to)
American legal setup
highly decentralized as local officials determine community values, and resources, and community make up staff
Who can be a judge
Anyone can be a judge as long as they have attended law school
Qualifications of a judge
judges must make impartial decisions while being fair and thoughtful in their decisions. They must be able to remain in control of their courtroom, and maintain a level head while working with political actors and maintaining a courthouse or court room. While being an adjudicator, negotiator, and administrator
What is the criteria used to determine if evidence is strong enough
for evidence to be strong enough is that it must be true, relevant, come from a reliable source, and establish probable cause that a crime was committed and is worth pursuing to trial
What is Probable cause
a reasonable belief known personally or through reliable sources that a crime has been committed
Can a prosecutor and or a defense attorney bring pretrial motions into a court proceeding
Both prosecutors (disagree with the defense on how and if witnesses will be questioned) and defense attorneys (suppress evidence or learn about the prosecutor’s case. Must support the claim about improper procedures in arrest, insufficiency of evidence, need to exclude evidence) can bring pretrial motions into a court proceeding.
The 8th amendment
no cruel or unusual punishments and no excessive bail or fines.
If someone is given life in prison and or the death penalty will bail be denied
If the offense is one of violence or one punishable by death or life imprisonment bail will be denied because releasing them would endanger the community and they will be placed in pretrial detention-held in jail until the case is completed.
What happens if you can’t make bail
If you can’t make bail, you can request the help of a bail bondsman-private business people who loan money to defendants who lack the money to make bail. In exchange for a 5-10% of the bail amount, bondsmen put up the money/ property to gain defendants’ release, though they won’t help everyone, just those who seem likely to return for trial. If you can’t make bail even after seeking the help of a bondsman you will have to remain in jail until your trial.
What types of cases are heard in federal court
felonies mostly kidnapping, smuggling, drug trafficking, terrorism. So violations of the constitution and federal laws
What are the three levels of state courts
(district court)trial courts of limited
jurisdiction, (superior courts) trial courts of general jurisdiction, (Supreme Court of appeals) appellate courts.
What is the main purpose of a drug court
Instead of sending substance abusers straight to jail or prison they are sent to rehab and counseling to help them while their progress is monitored
What is the responsibility of a judge
The responsibility of a judge is to be an adjudicator, negotiator, and administrator.
Inquisitorial and adversarial court difference
inquisitorial system-used in England where the judge takes an active role in questioning the witnesses and finding out the facts of the case. Adversarial system-used in the US where the judge acts as a referee watching and making sure that the prosecutor and defense attorney are following the law and ensuring that the defendants rights are protected.
Race and gender of majority of judges in the US
White men
probable cause hearing
probable cause hearing happens when an arrest is made without warrants, the police must present sufficient evidence at the initial appearance to persuade the judge that there is sufficient evidence and reason to continue the case
arraignment
the first formal court appearance for the accused and the first formal meeting between the prosecutor and the defense attorney. This is where the charges against the defendant are read and the defendant advised by a lawyer pleads guilty or not guilty.
Most felony cases are decided by
guilty pleas
ROR
ROR stands for release on recognizance which means that pretrial release is granted on the defendants promise to appear in court as the judge believes their community ties will guarantee they will appear.
What are the factors that determine bail amount
the factors that determine bail are the
defendant’s prior record, the seriousness of the crime, and whether they will be a danger to themselves or the community. It is also influenced by the prosecutors recommendations and the defense attorneys’ counter arguments about the defendant’s personal qualities and ties to the community, but is overall determined by the judge
Different court systems like limited general and appellate
limited only handle a small part of cases like misdemeanors, preliminary felony cases, and felony cases below specified limit. General can hear all cases including felonies and in some states also appeals. Appellates do not try criminal cases but hear appeals of decisions of lower courts
What is the difference between making an objection in court and making a motion in court
objection-a formal protest for the judge to disallow a witness testimony or other evidence that violates the rules of evidence or other procedural laws during the trial. motion-application to a court-requesting that an order be issued to bring a specified action before the trial
Arrest
the act of taking someone accused of a crime into custody.
Booking
the process of information about a suspect being into the system of a police station or jail after someone’s arrest. This includes the mugshot and being fingerprinted.
Arraignment
court appearance of an accused person in which the charges are read and the accused, advised by a lawyer, pleads guilty or not guilty
disposition
in law on a criminal record is the current status or final outcome of an arrest or prosecution
difference between prison and jail
jail is used for those waiting for trial and those who have committed a misdemeanor and were given a sentence of 1 year or less. Prison is used for those convicted of serious crimes and felonies and were given a sentence of 1 year or more
What types of courts are us district courts
Trial courts both criminal and civil
Preventive detention
Holding a defendant for trial, based on judges finding that if given bail they would flee or endanger another person or the community.
Release on recognizance
Pretrial release granted on defendant’s promise to appear in court, because the judge believes the defendant’s community ties guarantees they will appear
Citation
Written order or summons, issued by a law enforcement officer, often directing an alleged offender to appear in court at a specified time to answer a criminal
charge.
Bail
Amount of money specified by a judge to be paid as a condition of pretrial release to ensure that the accused will appear in court as required.
Motion
Application to a court-requesting that an order be issued to bring a specified action
Arraignment
court appearance of an accused person in which the charges are read and the accused, advised by a lawyer, pleads guilty or not guilty.
Merit system
Judges are nominated by a commission and appointed by the governor for one year. After, voters approve or disapprove the judge for another term, if disapproved the committee nominates a successor for governor’s appointment
Inquisitorial system
legal system in Europe where the judge takes an active role in investigating the case and asking questions of witnesses in court
Adversarial system
American legal system which a passive judge and jury seek to find the truth by listening to opposing sides vigorously advocate on behalf of their sides
Partisan election
Election in which candidates openly endorsed by political parties are presented to voters for selection
Nonpartisan election
Election in which candidates’ party affiliations aren’t listed on a ballot.
Drug Courts
Specialized courts that impose drug testing and counseling requirements on substance abusers and monitor their progress instead of incarceration
Appellate courts
Courts do not hear criminal cases, but hear appeals of decisions of lower courts
Trial Courts of General Jurisdiction
Criminal courts with jurisdiction over all offenses, including felonies. In some states they also hear appeals
Trial Courts of Limited Jurisdiction
Criminal courts with trial jurisdiction over misdemeanor cases and preliminary matters in felony cases. They may hold felony trials that may result in penalties before a specified limit
Jurisdiction
geographic territory or legal boundaries within which control may be exercised; the range of a court’s authority
