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Survey Of Crim > Crim Final > Flashcards

Crim Final Flashcards

1
Q

Citation

A

A written order, issued by an officer directing an alleged offender to appear in court

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2
Q

First appearance vs arraignment

A

Pleads guilty or not

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3
Q

ROR (release on Recognance)

A

Defendant promises to appear in court (pretrial release)

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4
Q

Bail: Pretrial release

A

$ paired as a condition of release

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5
Q

Bail Bondsmen

A

Person who paid fees by defendants who lack the money to make bail & get a percent of the money

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6
Q

Indictment

A

Written accusation submitted to the court by a prosecutor alleging that the specified person has committed an offense

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7
Q

Alternative to bail

A

Citation, ROR, percentage bail (10%), preventive detention, Bail guidlines

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8
Q

Grand Jury Hearing

A

Hears felony cases and decides if there is enough evidence to move forward

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9
Q

Plea bargaining

A

Arrangement between prosecutor & defendant

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10
Q

4 types of plea bargaining

A
  1. Count- dropping counts of charges
  2. Charge - Plead to lesser offense
  3. Fact - Omitt facts that would lesser sentence
  4. Sentence - prosecution asked for lesser sentence
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11
Q

Motion

A

Application to court to do something specific

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12
Q

Written laws

A

Statued - Passed by legislators

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13
Q

Common laws

A

Events that happened that became a law (Mirand Laws, Terry stop ) Presidence

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14
Q

Bench trail

A

No jury, judge decides

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15
Q

3 basic things courts do

A
  1. Settle disputes
  2. interpret the law
  3. Future action expectation
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16
Q

3 main levels of federal court

A
  1. District court
  2. Circuit court
  3. Supreme court
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17
Q

A jury can be picked from

A
  1. Registered voters
  2. Drivers license
  3. Welfare recipients
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18
Q

Challenge for cause

A

removal of a juror when there is a legitiment for the jury

19
Q

Actual bias

A

Bias that exists in fact & is supported by the individuals statement

20
Q

Implied bias

A

Bias that can be inferred by their beliefs & surroundings

21
Q

Voir Dire

A

How the jury is picked
Questions go to their bias, views , their experience with the criminal justice system

22
Q

Peremptory challenges

A

Requires no reason (cannot be based on ethnicity, race or religion)
Allowed 3

23
Q

Satutory grounds for disqualification

A
  1. non citizen
  2. convicted felon
  3. non resident of jurisdiction
  4. cannot speak english
  5. not 21
24
Q

Physical evidence

A

weapons, records, fingerprints etc

25
Q

Demonstrative evidence

A

diagrams, maps, x-rays ( not based on witness testimony )

26
Q

Writ of certiovari

A

Request for the supreme court to hear a case

27
Q

writ of habeas corpus

A

legal petition issued by a judge for someone who is in prison to appear before them for a specific reason
1. Accesive bail amount
2. extreme isolation

28
Q

Partisan election

A

party of affiliation

29
Q

Non partisan election

A

only Name listed, no affiliation

30
Q

Legislative election

A

judges are selected by state legislator

31
Q

Gubernational appointment

A

Governer nominates all judges to the state supreme court

32
Q

Merit selection

A

(most common) selects judges from a list of eligible candidates

33
Q

4 goals of punishment

A
  1. Retribution
  2. Deterence
  3. Incapacitation
  4. Rehabilitation
34
Q

Retribution

A

Accountability (eye for an eye) (punishment should fit the crime)

35
Q

Deterence

A

Preventing future crimes
1. General - punishment of criminals that is intended to be an example to the people to prevent future crimes
2. specific - punishment on criminals to discourage them from committing future crimes

36
Q

Incapacitaion

A

putting an offender in prison so they cannot commit future crimes

37
Q

Rehabilitation

A

restoring convicted offenders to some for of educational or vocational training

38
Q

Restorative justice

A

Between the offender, the victim & the community. What could be done to restore the justice of the crime (Most common in juveniles)

39
Q

3 basic sentencing

A
  1. intermediate sentences - min & max
  2. determinate sentences - allows judge to choose range
  3. mandatory sentences - already set time
40
Q

Intermediate sanctions

A

period set by a judge with a min & max time to be served in prison
Maybe able for parole
- fines, -commuity service, - home confinement

41
Q

Good time

A

Good behavior ( reduction of prison time)

42
Q

Earned Time

A

reduction of time based on rehabilitation or work completed

43
Q

Truth in sentencing

A

requires prisoners to serve 85% of sentence no matter what

44
Q

furloughs

A

temporary (1-3) days to establish family ties

Survey Of Crim (2 decks)

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