Definitions 2.0 Flashcards
Condorcet Jury Theorem
As the size of the electorate goes up, and the probability of each individual’s vote is correct is greater than 1/2, the probability of collectively achieving a correct decision goes up, if they are voting according to majority rule
Strikes for cause
Can strike a potential juror for a specific reason (i.e. conflict of interest, mental illness); unlimited
number of these strikes
Batson challenge
Challenging the removals of Black jurors on the basis of race was subject to equal protection review, decided in Batson v. Kentucky (1986)
Bail
An amount of money that would prevent the defendant from not showing up for trial, determined by the judge
Aggravating circumstance
Increase severity of punishment
(violence, criminal history, vulnerability of victims)
Death qualification
Jurors must be able to consider the punishment, a death sentence, or life in prison, without pre-existing bias
Theories of punishment
Deterrence: will prevent people from partaking in crime to
begin with
Rehabilitation: intervening and stopping the person from
further criminal conduct
Incapacitation: taking criminals out of society
Restoration: making restitution or “righting the wrong”
Retribution: aim to choose a punishment to fit the crime,
criminal should get their “just deserts”
Sentencing guidelines
Aggravating circumstances: increase severity of punishment
(violence, criminal history, vulnerability of victims)
Mitigating circumstances: decrease severity of punishment
(showing remorse, mental illness, youth, lack of intent)
Charge bargaining
The practice by which the prosecutor may offer the defendant the possibility of a lesser charge, which the defendant can plead guilty to in exchange for a lesser sentence
Arguments for Elected Judges
Representative of constituent preferences and Better for democratic accountability
Birthright citizenship
Everyone born on U.S. territory was a citizen
Habeas Corpus
Allows one to petition a court or judge to determine whether their detention is lawful
Elements of procedural due process
- Notice of charges
- Hearing
- Impartial Judge/ Jury
- Effective Counsel
- Decision on the record
Incorporation
When the Supreme Court decides that an amendment in the Bill of Rights applies to the states, it incorporates that Amendment to the states
Peremptory strikes
Can strike a potential juror without citing a specific reason; lawyers each have a fixed number of these
Mitigating circumstance
Decrease severity of punishment
(showing remorse, mental illness, youth, lack of intent)
Arguments for Appointed Judges
Shielded from public opinion and gives greater impartiality and independence, better for rule of law
