Criminal Justice Final Flashcards
Strict Interpretation
deciphers the words of the constitution as the literal meaning, discounting the current context socially, historically, or technologically
Dual Court System
Federal court system and State court system
Separate but Equal Doctrine
deciphers the words of the constitution as the literal meaning, discounting the current context socially, historically, or technologically
Writ of Certiorari
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
Jurisdiction
the extent of a particular court’s power to make legal decisions and judgements
Judiciary Act of 1789
establishes the U.S. Supreme court
En Banc
A case heard by all judges of the court
Court of Last Resort
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
appellate court
the court that hears the appeal of a trial court’s decision
pro se
“for himself” meaning self representation in legal proceedings without the aid of a legal rep
indictment
a formal accusation that an individual has committed an act punishable by law, typically presented by a grand jury
information
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.
Specialized Courts
(aka problem-solving courts) work with particular types of offenses and offenders; ex: Treatment Court, Drug Court, DUI Court, etc.
Alternative Dispute Resolution
An approach to settling cases using a variety of methods to assist the disputing parties in finding a solution without relying on costly litigation.
Double Jeopardy
a constitutional protection under the 5th Amendment against being tried twice for the same crime
Missouri Plan
it is a process to elect judges that attempts to eliminate politics.
Criminal Trials
Trials to ascertain the guilt or lack of guilt of defendants charged with committing crimes
Civil Trials
trials used to settle disputes between two parties that do not include criminal misconduct (ex: divorce court)
traffic hearings
used to deal with traffic offenses
legal guilt
established when a prosecutor is able to persuade a judge or jury that the defendant is guilty of the criminal charges
factual guilt
whether the defendant actually committed the crime
adjudicate
to render a formal judgemet about a disputed matter
bench trial
a trial in which a judge or judges acts as the fact finder, weighs the evidence, deliberates, and renders a judgment
jury trial
A trial where the jury acts as the fact finder, weighs the evidence , deliberates and renders a verdict
perjury
a spoken or written intentional swearing of a false oath or misrepresenting of an agreement to be truthful
federal rules of evidence
Federal rules guiding what is evidence and what can be introduced in a trial
direct evidence
Something introduced in a trial that does not require an inference to be drawn by the fact-finding body
circumstantial evidence
evidence that requires the fact finding body to interpret it and draw conclusions about its meaning
hearsay
an out-of-court statement offered in court to prove the truth of the matter asserted
hearsay rule
a basic rule that hearsay is inadmissible in court
dying declaration
Exception to hearsay rule that allows the dying words of a witness to a crime to be used in court
excited utterance
Exception to hearsay rule - a statement that is made by a person during a shocking or upsetting event that can be used in court
reputation concerning character
exception to hearsay rule, allows witnesses to testify under oath about the reputation of a person’s friends and acquaintances
rebuttal
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
pattern jury instructions
language template to be used when the judge charges the jury
beyond a reasonable doubt
the level of proof required for a criminal case conviction
deliberation
the jury process of deciding the gult or lack of guilt of the defendant
sequestration
when a jury is isolated to prevent contact from outside influences that may impact the verdict
deadlocked
a hung jury that is unable to reach an agreement regarding the guilt or innocence of a defendant
hung jury
a hung jury that is unable to reach an agreement regarding the guilt or innocence of a defendant
mistrial
a courtroom trial that ends prior to its normal conclusion
allen charge
additional instructions a judge may give to a deliberating jury to discourage a mistrial
acquit
to free someone not guilty of a fault or crime
jury nullification
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
reading of the verdict
Following jury deliberation, a formal event in the courtroom in which the jury offers their verdict on the charge(s).
Sentencing-proportionality
indicates that the severity of the sentencing should correspond to the severity of the crime committed
sentencing equity
the desire that similar crimes be punished in similar ways and with similar severity
sentencing - social debt
the need to take into account the prior behavior of the offender; prior criminal record
deterrance
a sentencing goal that discourages criminality through the use of punishment
restoration
a sentencing goal that addresses the harm done to victims, family and friends of victims, and the community
indeterminate sentencing
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
presentence investigation
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
parole board
a board that reviews the prior acts and behavior of an individual who is incarcerated to determine when they should be released from prison
determinate sentencing
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
mandatory minimums
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
sentencing guidelines
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
federal sentencing guidelines act
eliminated federal parole release for individuals who are incarcerated and abolished almost all good time earned, federal parole replaced with supervised release
supervised release
post incarceration probation, violations are addressed by the sentencing judge, who might revoke supervised release and send the defendant back to prison
three strikes law
a type of mandatory minimum that mandates long (including life) prison terms for a third offense
capital cases
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
death qualified
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
bifurcated trial
a double trial system used for capital cases; the first rial is used to determine guilt and the second determines the sentence
Crime Victims’ Rights Act
established numerous rights for crime victims in federal cases
victim bill of rights
offers rights to crime victims
victim impact statement
statement prepared by the victim or their family to inform the judge how the crime affected them physically, financially, emotionally, and physiologically
correctional responses in the community
Also known as community corrections, these sanctions are served in a residential or community setting outside of jail or prison
John Augustus
father of probation
problem solving courts
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.)
Punishment
one goal of community based corrects, designed to deter future criminal acts
Restorative Justice
a goal of community corrects that emphasizes that crime is more than criminal behavior, rather law breaking disturbs and harms individuals and the community
intermediate responses and sanctions
a type of correctional response in the community that includes probation plus additional community sanctions
fine
a type of comunity corrections sanction
forfeiture
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
electronic monitoring
an intermediate sanction in which the probationer wears an ankle, wrist, or neck monitor that identifies his or her location
intensive supervised probation
a type of probation in which those convicted undergo extreme supervision and monitoring
Home confinement/house arrest
a type of intermediate sanction that restricts offenders from leaving their homes
split sentence or shock probation
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
boot camps
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
residential community housing
A facility where individuals who have been convicted are secured at night but released during the day to work, attend school, or receive treatment.
work-release program
an intermediate sanction that requires those convicted on an offense to live in a secure facility but allows their rlease for work
general conditions
rules that all offenders on community corrections are required to follow; also called standard conditions
special conditions
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
probation fees
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
technical violation
occurs when the rules of the probation contract are violated
legal violation
occurs when the person on probation commits a new criminal act
net widening
the increasing harshness of sentencing given to offenders who would have traditionally been sentenced to probation
arm of the court
used to describe a probation officer who acts as the court’s fact finder
probation investigation
The process of gathering information on offenders’ lives and ties to the community, both positive and negative
risk assessment
a determination of the convicted to cause harm to themselves or others
classification
determines the level of supervision appropriate for each person convicted based on probation investigation and risk assessment
supervision
the duty of probation officers to watch over those serving probation
presentence report
an important aggregation of facts about the offender, usually prepared by the probation officer
static risk predictors
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
dynamic risk predictors
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
GPS monitoring
used primarily to track high-risk offenders, especially sex offenders, and comes in two forms: passive and active
passive GPA monitoring
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
radio frequency devices
a type of community corrections used to monitor those servinc home confinement sentences via ankle or wrist bracelets
Automated Kiosk reporting
A type of community corrections in which a probationer provides information to a freestanding machine, often using eye-scanning technology
remote alcohol detection
bracelet that can detect ethanol excreted in perspiration
