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Criminal Justice Final > Criminal Justice Final > Flashcards

Criminal Justice Final Flashcards

1
Q

Strict Interpretation

A

deciphers the words of the constitution as the literal meaning, discounting the current context socially, historically, or technologically

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2
Q

Dual Court System

A

Federal court system and State court system

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3
Q

Separate but Equal Doctrine

A

deciphers the words of the constitution as the literal meaning, discounting the current context socially, historically, or technologically

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4
Q

Writ of Certiorari

A

Used by appellate courts (retrial) that have discretion to review a lower court’s opinion. the writ is an order to send all the documents of a case to be reviewed

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5
Q

Jurisdiction

A

the extent of a particular court’s power to make legal decisions and judgements

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6
Q

Judiciary Act of 1789

A

establishes the U.S. Supreme court

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7
Q

En Banc

A

A case heard by all judges of the court

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8
Q

Court of Last Resort

A

the final court with appellate authority in a given court system. In the United States at the fed. level, the Supreme Court is the court of last resort

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9
Q

appellate court

A

the court that hears the appeal of a trial court’s decision

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10
Q

pro se

A

“for himself” meaning self representation in legal proceedings without the aid of a legal rep

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11
Q

indictment

A

a formal accusation that an individual has committed an act punishable by law, typically presented by a grand jury

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12
Q

information

A

A formal charge against an individual suspected of committing a crime, typically presented by an authorized public official, such as the prosecutor, with the purpose to inform the accused of the charges so a defense may be prepared.

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13
Q

Specialized Courts

A

(aka problem-solving courts) work with particular types of offenses and offenders; ex: Treatment Court, Drug Court, DUI Court, etc.

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14
Q

Alternative Dispute Resolution

A

An approach to settling cases using a variety of methods to assist the disputing parties in finding a solution without relying on costly litigation.

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15
Q

Double Jeopardy

A

a constitutional protection under the 5th Amendment against being tried twice for the same crime

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16
Q

Missouri Plan

A

it is a process to elect judges that attempts to eliminate politics.

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17
Q

Criminal Trials

A

Trials to ascertain the guilt or lack of guilt of defendants charged with committing crimes

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18
Q

Civil Trials

A

trials used to settle disputes between two parties that do not include criminal misconduct (ex: divorce court)

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19
Q

traffic hearings

A

used to deal with traffic offenses

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20
Q

legal guilt

A

established when a prosecutor is able to persuade a judge or jury that the defendant is guilty of the criminal charges

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21
Q

factual guilt

A

whether the defendant actually committed the crime

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22
Q

adjudicate

A

to render a formal judgemet about a disputed matter

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23
Q

bench trial

A

a trial in which a judge or judges acts as the fact finder, weighs the evidence, deliberates, and renders a judgment

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24
Q

jury trial

A

A trial where the jury acts as the fact finder, weighs the evidence , deliberates and renders a verdict

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25
Q

perjury

A

a spoken or written intentional swearing of a false oath or misrepresenting of an agreement to be truthful

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26
Q

federal rules of evidence

A

Federal rules guiding what is evidence and what can be introduced in a trial

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27
Q

direct evidence

A

Something introduced in a trial that does not require an inference to be drawn by the fact-finding body

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28
Q

circumstantial evidence

A

evidence that requires the fact finding body to interpret it and draw conclusions about its meaning

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29
Q

hearsay

A

an out-of-court statement offered in court to prove the truth of the matter asserted

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30
Q

hearsay rule

A

a basic rule that hearsay is inadmissible in court

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31
Q

dying declaration

A

Exception to hearsay rule that allows the dying words of a witness to a crime to be used in court

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32
Q

excited utterance

A

Exception to hearsay rule - a statement that is made by a person during a shocking or upsetting event that can be used in court

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33
Q

reputation concerning character

A

exception to hearsay rule, allows witnesses to testify under oath about the reputation of a person’s friends and acquaintances

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34
Q

rebuttal

A

In some criminal trials, the prosecutors have the last opportunity to speak during closing arguments. Other forms of rebuttal may include evidence or argument.t

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35
Q

pattern jury instructions

A

language template to be used when the judge charges the jury

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36
Q

beyond a reasonable doubt

A

the level of proof required for a criminal case conviction

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37
Q

deliberation

A

the jury process of deciding the gult or lack of guilt of the defendant

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38
Q

sequestration

A

when a jury is isolated to prevent contact from outside influences that may impact the verdict

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39
Q

deadlocked

A

a hung jury that is unable to reach an agreement regarding the guilt or innocence of a defendant

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40
Q

hung jury

A

a hung jury that is unable to reach an agreement regarding the guilt or innocence of a defendant

41
Q

mistrial

A

a courtroom trial that ends prior to its normal conclusion

42
Q

allen charge

A

additional instructions a judge may give to a deliberating jury to discourage a mistrial

43
Q

acquit

A

to free someone not guilty of a fault or crime

44
Q

jury nullification

A

ability of a jury to ignore the law and acquit a guilty defendant; reasons include that the jury believes the law to be overly harsh or an overreach of the government

45
Q

reading of the verdict

A

Following jury deliberation, a formal event in the courtroom in which the jury offers their verdict on the charge(s).

46
Q

Sentencing-proportionality

A

indicates that the severity of the sentencing should correspond to the severity of the crime committed

47
Q

sentencing equity

A

the desire that similar crimes be punished in similar ways and with similar severity

48
Q

sentencing - social debt

A

the need to take into account the prior behavior of the offender; prior criminal record

49
Q

deterrance

A

a sentencing goal that discourages criminality through the use of punishment

50
Q

restoration

A

a sentencing goal that addresses the harm done to victims, family and friends of victims, and the community

51
Q

indeterminate sentencing

A

a system of sentencing that allows for greater judicial discretion where offenders are sentenced to a range of years with a stated minimum and maximum and parole boards would determine when the incarcerated could be released from prison

52
Q

presentence investigation

A

An investigation that gathers information on extenuating circumstances and the criminal history of the defendant to be used when determining the severity of the sentence

53
Q

parole board

A

a board that reviews the prior acts and behavior of an individual who is incarcerated to determine when they should be released from prison

54
Q

determinate sentencing

A

a model of sentencing in which the offender is sentenced to a fixed term of incarceration, ruling out the possibility of alternatives to prison and increases the length of their sentences due to the Violent Crime Control and Law Enforcement Act

55
Q

mandatory minimums

A

a form of structured sentencing that applies statute-based minimum sanctions to particular types of crime and/or when particular elements of a crime exist

56
Q

sentencing guidelines

A

a type of structured sentencing based on crminal history and the severity of the crime, usually presentented in a grid format that dictates the sentence served

57
Q

federal sentencing guidelines act

A

eliminated federal parole release for individuals who are incarcerated and abolished almost all good time earned, federal parole replaced with supervised release

58
Q

supervised release

A

post incarceration probation, violations are addressed by the sentencing judge, who might revoke supervised release and send the defendant back to prison

59
Q

three strikes law

A

a type of mandatory minimum that mandates long (including life) prison terms for a third offense

60
Q

capital cases

A

a special type of criminal case in which defendants face execution if convicted; crimes include premeditated or first degree murder, treason, murder of federal agents and politicians, and some crimes against children

61
Q

death qualified

A

a part of voir dire in capital cases in which attorneys ascertain whether the prospective juror is suitable to sit on a case that may result in the death penalty

62
Q

bifurcated trial

A

a double trial system used for capital cases; the first rial is used to determine guilt and the second determines the sentence

63
Q

Crime Victims’ Rights Act

A

established numerous rights for crime victims in federal cases

64
Q

victim bill of rights

A

offers rights to crime victims

65
Q

victim impact statement

A

statement prepared by the victim or their family to inform the judge how the crime affected them physically, financially, emotionally, and physiologically

66
Q

correctional responses in the community

A

Also known as community corrections, these sanctions are served in a residential or community setting outside of jail or prison

67
Q

John Augustus

A

father of probation

68
Q

problem solving courts

A

a specialized court designed to better meet the needs of a particular group of people convicted of an offense (drug court, mental health court, reentry court, etc.)

69
Q

Punishment

A

one goal of community based corrects, designed to deter future criminal acts

70
Q

Restorative Justice

A

a goal of community corrects that emphasizes that crime is more than criminal behavior, rather law breaking disturbs and harms individuals and the community

71
Q

intermediate responses and sanctions

A

a type of correctional response in the community that includes probation plus additional community sanctions

72
Q

fine

A

a type of comunity corrections sanction

73
Q

forfeiture

A

a community correction sanction in which the criminal’s material possessions may be seized if the items were related to the commission or outcome of a criminal offense

74
Q

electronic monitoring

A

an intermediate sanction in which the probationer wears an ankle, wrist, or neck monitor that identifies his or her location

75
Q

intensive supervised probation

A

a type of probation in which those convicted undergo extreme supervision and monitoring

76
Q

Home confinement/house arrest

A

a type of intermediate sanction that restricts offenders from leaving their homes

77
Q

split sentence or shock probation

A

A form of intermediate sanction in which the offender initially spends some time in jail or prison (usually 30 days) and then is released into corrections in the community

78
Q

boot camps

A

a type of intermediate sanction in which offenders are mandated to military settings, where they are required to follow orders, march, run drills, and engage in physical training

79
Q

residential community housing

A

A facility where individuals who have been convicted are secured at night but released during the day to work, attend school, or receive treatment.

80
Q

work-release program

A

an intermediate sanction that requires those convicted on an offense to live in a secure facility but allows their rlease for work

81
Q

general conditions

A

rules that all offenders on community corrections are required to follow; also called standard conditions

82
Q

special conditions

A

requirements applied to persons convicted based on the nature of the crime, the motivation of the crime, and characteristics of the person; designed to help people on probation successfully complete their probationary periods

83
Q

probation fees

A

paid by the person on probation to cover the costs of services such as preparation of the resentence report, work-release programs, electronic monitoring, and drug, alcohol, or anger management counseling

84
Q

technical violation

A

occurs when the rules of the probation contract are violated

85
Q

legal violation

A

occurs when the person on probation commits a new criminal act

86
Q

net widening

A

the increasing harshness of sentencing given to offenders who would have traditionally been sentenced to probation

87
Q

arm of the court

A

used to describe a probation officer who acts as the court’s fact finder

88
Q

probation investigation

A

The process of gathering information on offenders’ lives and ties to the community, both positive and negative

89
Q

risk assessment

A

a determination of the convicted to cause harm to themselves or others

90
Q

classification

A

determines the level of supervision appropriate for each person convicted based on probation investigation and risk assessment

91
Q

supervision

A

the duty of probation officers to watch over those serving probation

92
Q

presentence report

A

an important aggregation of facts about the offender, usually prepared by the probation officer

93
Q

static risk predictors

A

characters of people that cannot be changed, such as the age at first arrest, the number of prior arrests, etc. used to identify the needs of the individual and predict the offenders’ risk to the community

94
Q

dynamic risk predictors

A

characters of people amenable to change such as employment, educational level, etc. used to identify the needs of the individual and predict the offenders’ risk to the community

95
Q

GPS monitoring

A

used primarily to track high-risk offenders, especially sex offenders, and comes in two forms: passive and active

96
Q

passive GPA monitoring

A

gathers data on the wherabouts of ther probationer during a 24-hour period and then transmits the data through tht phone to the probation officer

97
Q

radio frequency devices

A

a type of community corrections used to monitor those servinc home confinement sentences via ankle or wrist bracelets

98
Q

Automated Kiosk reporting

A

A type of community corrections in which a probationer provides information to a freestanding machine, often using eye-scanning technology

99
Q

remote alcohol detection

A

bracelet that can detect ethanol excreted in perspiration

Criminal Justice Final (1 decks)

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