Chapters 8 and 9

Question 1

Epistemological Function

Answer 1

an accused person is on trial to see if the accused actually committed the crimes they are charged with

Question 2

Epistemology

Answer 2

to describe the different ways that we seek to discover the truth

Question 3

Adversarial process

Answer 3

the belief that the best way to determine the truth is to have a prosecutor, a defense, and a neutral jury

Question 4

Punitive function

Answer 4

the trial affixes blame and determines the appropriate punishment that should be given to the person convicted of the offense

Question 5

Apartheid

Answer 5

a racist system in South Africa which let white South Africans torture and murder black South Africans who tried to change the system until 1994 when they got rid of the system in favor for President Nelson Mandela

Question 6

Truth and Reconciliation Commission

Answer 6

Nelson Mandela created this commission to let people admit their crimes for a less serious punishment but you had to tell the whole truth and apologize for the crime. This came into affect after the Apartheid system

Question 7

Symbolic function

Answer 7

the features of a court are meant to communicate to the public messages about law, government, and the authority of the state

Question 8

Finder of Law

Answer 8

the person at the trial who is officially authorized to determine what the law says; usually a judge

Question 9

Finder of Fact

Answer 9

the person or group that determines the guilt/innocence of a defendant; usually the jury

Question 10

Burden of proof

Answer 10

prosecutors must show that the defendant committed the crime beyond a reasonable doubt

Question 11

Brady rule

Answer 11

requires that the prosecutors share exculpatory evidence with the defense but the defense does not have to share evidence with the prosecution

Question 12

Double jeapordy

Answer 12

prevents prosecution from prosecuting the same defendant twice

Question 13

Plea bargain

Answer 13

plead guilty to a lesser charge in exchange for waiving their right to a trial

Question 14

Capitol cases

Answer 14

when prostitution seeks the death penalty for a defendant, a plea deal is not allowed

Question 15

Prosecutorial discretion

Answer 15

prosecutor freedom in how they handle criminal cases and experience little supervision

Question 16

Pro bono

Answer 16

for the common good

Question 17

Impeachment

Answer 17

public officials are removed from office by congress or state legislators for improper conduct

Question 18

Judicial activism

Answer 18

judges who use their power to promote a political agenda

Question 19

Baliff

Answer 19

the law enforcement officer of the court

Question 20

Clerk

Answer 20

keeps records for the court

Question 21

Court reporter

Answer 21

writes down testimony during the trial using a stenotype

Question 22

Nolo contendere

Answer 22

a defendant does not accept guilt but still declines to defend themself

Question 23

Change of venue

Answer 23

a motion in court to move the trial to a different location in the same state

Question 24

Suppress

Answer 24

a motion that requests to exclude certain evidence against a defendant

Question 25

Discovery

Answer 25

a motion that a defense attorney can make that requests access to information the prosecution possesses

Question 26

Voir dire

Answer 26

the process for jury selection

Question 27

Bench trial

Answer 27

the judge is also the jury

Question 28

Challenge for cause

Answer 28

removes a prospective juror because there is probable cause to believe they would not be impartial

Question 29

Peremptory Challenge

Answer 29

removes a juror simply because a defense or prosecution can

Question 30

Theory of the case

Answer 30

what both the prosecutor and the defense believe really happened in a case

Question 31

Cross-examination

Answer 31

when the prosecution asks questions to the defenses witnesses

Question 32

Hostile witness

Answer 32

during cross examination, the witness of the defendant is called this, called friendly when examined by the defense

Question 33

Exculpatory evidence

Answer 33

evidence pointing to a defendants innocence

Question 34

Inculpatory evidence

Answer 34

evidence pointing to a defendants guilt

Question 35

Circumstantial evidence

Answer 35

evidence that has to be interpreted by the jury; does not immediately point to guilt/innocence

Question 36

Probative value

Answer 36

evidence that is relevant to proving the case of one side

Question 37

Prejudicial evidence

Answer 37

evidence that could help the prosecutions case but can also affect the juries in a way that is unfair to the defendant

Question 38

Hearsay

Answer 38

evidence that is second hand information

Question 39

Directed verdict

Answer 39

a motion to end a trial after the prosecution has presented its case

Question 40

Mistrial

Answer 40

a trial that is declared invalid because of something that has happened in the courtroom

Question 41

Perjury

Answer 41

knowingly giving a false statement while under oath

Question 42

Nullification

Answer 42

when a jury acquits a defendant even if they believe the defendant is guilty of the crime because they believe the law is unjust

Question 43

Appellate court

Answer 43

appeals courts where judges do not look at evidence but simply examine written material and transcripts from the trial. there is no jury

Question 44

Bill of rights

Answer 44

the first 10 amendments of the constitution spelling out the limits of the federal governments authority

Question 45

Supremacy clause

Answer 45

if a state law contradicts a federal law, the state law is void