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Criminal Justice > Chapter 9 > Flashcards

Chapter 9 Flashcards

1
Q

No lo contendre

A

No contest: same as pleaing guilty, abbot be used against you in a civil suit

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2
Q

Justice of a peace court

A

Not promised of a judge but justice of peace; hear local cases, issue arrest/search warrants set bail arraignments handle small civil cases

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3
Q

Problem with justice of peace

A

Minimal legal training

- don’t have to be an attorney

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4
Q

Tehan v. U.S. X rel Scott

A

US Supreme Court decided in 1966 that the basic purpose of a trial is the discrimination of truth

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5
Q

Adversarial system

A

Local system wherein there is a contest between two opposing sides with a judge sitting as an impartial arbiter seeking truth
- cross examination of a witness

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6
Q

Justice in the eye of the. Beholder

A

Whether or not justice is done in the courtrooms depends on the interests or view points of the affected or interests; a victim may not agree with a juries verdict

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7
Q

Administration

A

Marshall of the court supervisors building operations; supervising staff of 30 under the guidance of Chief Justice

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8
Q

Appeal

A

After conviction defendant may challenge outcome potential grounds for appeal

  • legal error
  • juror misconduct
  • ineffective council
  • lack of sufficient evidence to support guilty verdict
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9
Q

Punishments

A
  • incarceration
  • probation
  • fines
  • restitution
  • community service
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10
Q

Jury trials

A

Many believe the jury system to be the most sacred aspect of our criminal justice system

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11
Q

Trial protocols

-Order important

A

Opening statements

  • prosecutions case
  • motion to dismiss
  • defense case
  • prosecution rebuttals
  • closing arguments
  • jury instructions
  • jury deliberations and verdict
  • post trial motions
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12
Q

Baker v. Wingo

A

Suprem court never ruled any time limit applies

  • length of delay
  • reason for the delay
  • time and manner in which the defendant has asserted his right
  • degree of predjudice to the defendant which the delay has caused
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13
Q

Federal court of appeals

A

The four tiered federal system that includes

  • Supreme Court
  • circuit court
  • district court
  • magistrate court
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14
Q

District court

A

County state or federal level trial courts with general and original jurisdiction

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15
Q

Standing

A

A legal doctrine requiring that one must not be a party due to a lawsuit unless he has a personal stake in its outcome

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16
Q

US Supreme Court

A

The court of last resort I. The united states highest appellate court, consists of 9 judges who are appointed for life

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17
Q

Causation

A

A link between ones act and the injuries act or crime, such as one tossing a match in a forest and igniting a deadly fire

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18
Q

Court of last resort

A

The last court that may hear a case at the state or federal level

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19
Q

Discovery

A

Procedure where prosecution and defense exchange and share information as to witnesses to be used
Based on Brady V. Maryland 1963

20
Q

Pretrial motions

A

Any number of motions filed by prosecutors and defense attorneys prior to trial

21
Q

Plea negotiation or bargaining

A

A preconviction process between the prosecutor and the accused in which a plea of guilty is given by the defendant with certain specified consideration in return having counts tossed out, plea for leniency or shorter sentence

22
Q

Grand jury

A

A body that hears evidence and determine probable cause regarding crimes and can return formal charges against suspects

23
Q

Arraignment

A

A criminal court proceeding where a formally charged defendant is informed of the charges and asked to enter a formal plea of guilty or not guilty

24
Q

Preliminary hearing

A

A stage in the criminal process conducted by a magistrate to determine whether a person charged with a crime should be held for trial based on probable cause
- doesn’t determine guilt or innocence

25
Q

Partisan election

A

Candidates are represented by a political party

26
Q

Legislative appointment

A

Selecting a judge

27
Q

Non partisan election

A

Not biased local elections; not representing a political party

28
Q

Diversion programs

A

The ability to be used as an intervention strategy for first time offenders who have broken the law and found themselves in the juvenile justice system

29
Q

Sentencing

A

To declare the punishment for an offender

30
Q

Gubernatorial appointment

A 
One way to select a judge 
3 primary ways states use this method
- choose judge for an initial term
- to select a judge to fill an interm 
-to select a judge to fill midterm vacancy
31
Q

Bail

A

Surety(cash/paperbond) provided by a defendant to gurarentee his/her return to court to answer to criminal charges

32
Q

Initial appearance

A

A formal proceeding during which the accused is read his/her rights, informed of the charges and given the amount of bail required to secure pretrial release

33
Q

Limited jurisdiction lower courts

A

Lowest level of state courts are trial courts of limited jurisdiction also known as inferior or lower courts
- constitute 85% of all judicial bodies in the US

34
Q

Booking

A

Clerical procedure for when an arrestee is taken to jail and a record is made of his/her name, address , charges, arresting officers, time and place of arrest, and so on

35
Q

General jurisdiction

A

The power of a court to hear a particular type of case; also the territory where a court may conduct its work- city county state or federal

36
Q

Dual court system

A

A term basically meaning there are Both state and federal court systems

37
Q

Trial process

A

All of the steps in the adjuicatory process from indictment or charge to conviction or acquittal

38
Q

Marbury vs. Madison

1803

A

On his last night in office Addams appoints 58 judges 4 letters didn’t get delivered
- 1 letter was to marbury, he sues because he didn’t get his job when Madison became president

39
Q

Conferences and workload

A

Rule of 4

- if four justices decided to grant, then court will agree to hear the case

40
Q

Circuit courts

A

Illinois is in the 7th circuit with Indiana and Wisconsin

41
Q

Writ of certiorari

A

An order from higher court directing a lower court to send the record of a case for review

42
Q

U.S. Supreme courts

A

The court of last resort in the u.s. Also highest appellate court, consists of 9 judges who are appointed for life
- only hears about 100 cases per year

43
Q

Appeal

A

After conviction the defendant may challenge the outcome

44
Q

4 circumstances that Supreme Court has to hear an appeal

A
  1. ) federal court has held an act of congress has ruled unconstitutional
  2. ) when a u.s court of appeals found a state statute unconstitutional
  3. ) when state Supreme Court ruled a federal law invalid
  4. ) when an indivitual challenge to a state statute on federal constitutional arounds have been upheld by a state Supreme Court
45
Q

Post trial motions

A

If the jury delivers a guilty verdict the defense will usually ask the judge to override the juries decision and acquit the defendant or grant him a net trial. Motion is almost always denied

46
Q

Speedy trial act 1974

A

Later amended it originally was em acted to ensure complained with 6th amendment provision for a speedy trial by requiring that a federal case be brought to trial no more than 100 days following the arrest

Criminal Justice (3 decks)

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