Courts, Crimes And Courtroom Procedures Flashcards
Structure of Federal Courts
- district courts
- circuit Court of appeals
- US Supreme Court
What court functions as fact finding court
District court
What court reviews the laws and uses lower courts
Circuit Court of appeals
Highest law of the land court
US Supreme Court
SC district Court is under the jurisdiction of what # circuit Court of appeals?
4th circuit
What 2 courts are included in Summary Courts
- Magistrate courts
- Municipal courts
Jurisdictions of magistrate and municipal courts
Maximum penalty of 500$ fine and 30 days prison
Functions of Magistrate court
Issues arrest/search warrants and sets bail for crimes
Functions of municipal court
Same as Magistrate and hears cases involve city ordinances
2 branches of Circuit Court
Common pleas = civil
General sessions = criminal
Functions of Circuit Court
- hears all cases from summary courts
- sets bail for life or death sentences
Family Court Functions
Handles domestic and juvenile cases
Jurisdiction of Family Court
All cases involving juveniles under age of 18
How state can can be reviewed in federal court
Need a writ of certiorari
A petition for courts to hear your case
Writ of Certiorari
Origin of criminal law
Ancient Sumeria
Common law is
Court decisions
Statutory law is
Legislative created laws
Accused Rights in criminal trial
Right to..
- speedy trail
- jury trial
- county where crime was committed
- counsel for his defense
- privilege against self incrimination
Ammendment protect you against self incrimination?
5th amendment “ I plead the 5th”
Ammendment that protects you with a trail by jury and speedy trial
6th Ammendment
The level of proof any given party must provide in criminal trial
Burden of proof
Belief there is a possibility a defendant is not guilty
Reasonable Doubt
Prosecution or sentence twice for the same offense
Double Jeopardy
Ammendment that protects you against Double Jeopardy
5th Amendment
Critical Elements of a charge
- jurisdiction
- ID
- Physical Action
- mental intent
Nol Pros
Not wish to prosecute
Different stages of criminal case
- crime occurs
- arrest/bond hearing
- grand jury
- arraignment
- plea hearing
A program for the disposition of a criminal charge without a trial
Diversionary Programs
3 Diversionary Programs
- pre trial intervention (PTI)
- Alcohol Education Program (AEP)
- Veterans Court
Decides questions of Law
Judge
Decides questions of fact
Jury
Prosecute’s the case on behalf of the state
Solicitor
Represents the defendant
Defense attorney
Keeps documents/ swears in witnesses
Clerk of Courts
Records all that is said in court
Court reporter
Assists the court as needed
Bailiff
Who may prosecute a criminal case in South Carolina?
- An attorney hired by the state
- the arresting officer
- licensed security guard
Described criminal trial process
- pre trial motions
- jury selection
- opening statement
- State’s Case-in-chief
- mid trial motions
- defenses Case-in-chief
- closing arguments
- jury instructions
- jury deliberations
- verdict
Leading Questions are
Yes or No questions
Open Ended Questions
Who, What, When, Where, Why and How questions
