Exam 3 Flashcards
8th Amendment
The right to bail, says we have the right to reasonable bail, doesn’t apply in state cases only federal
6th Amendment
The right to counsel, the right to a speedy trial, the right to a jury, the right to confront and cross-examine witnesses. Amendment takes effect as soon as charges are filed.
Arraignment
Defendant in custody is entitled to this, a hearing before a judge or magistrate
Information
A formal document that lists the charges for which the defendant will be tried
Process of discovery
Attorney’s continue to investigate, working to uncover evidence to support their cases
Due process clause
Says that government laws and proceedings must be fair
Burden of proof
The burden of proving every element of a sides claim.
Procedural due process
Processes and methods used to try people in court cannot be arbitrary or unfair
Substantive due process
The government cannot unfairly deprive people of certain fundamental liberties
Convincing evidence
Between preponderance and beyond a reasonable doubt
Direct evidence
directly proves something without any inferences required
Circumstantial evidence
Requires assumptions
Hung jury
Jury unable to reach verdict, mistrial then declared
Bifurcated trials
In this type of trial different issues of the case are decided in separate hearings or trials
The 8th Amendment and sentencing
Right against cruel and unusual punishment applies to all criminal cases. Provides a safeguard against illegal detainment.
Habeas corpus
Consists of a written judicial order requiring that a prisoner’s case be reviewed in court to determine if the prisoner is being held unconstitutionally
Punitive (sentencing goal)
Little focus on the likelihood of future criminal behavior
Deterrence (sentencing goal)
Punishment meant to serve as a lesson that such behavior will not be tolerated and that those actions will be punished
Incapacitation (sentencing goal)
Aims to make it impossible for the offenders to commit a future crime because he/she is imprisoned
Rehabilitation (sentencing goal)
Focused on aiding offenders in changing their lives
Indeterminate Sentences
Offender is given a range of time they can serve, dependent on how they behave in prison
Determinate Sentences
Indicate a precise period of time that the offender must serve
Presumptive Sentencing
Assume that judges should sentence within guidelines specific to particular charges
Statutory minimum
A legislature sets a minimum sentence that must be imposed for a particular crime
Preventive detention
Laws designed to prevent particularly dangerous individuals from committing future crimes
Habitual offender statutes
Authorize enhanced sentences for repeat offenders, called recidivists
Corrections
Society’s efforts to punish and treat those who break the law and protect the public
Institutional corrections
Incarceration in jails and prisons
Community corrections
Post-incarceration programs, probation and parole
Punishment philosophy
Offenders must pay for their crimes
Rehabilitation philosophy
Stresses offenders can change and should be helped to change and become productive members of the community
