exam 4 Flashcards
reflects the state’s need to retain the judicial autonomy separate from the judicial court
dual court system
refers to the cases in which it may exercise lawful authority
jurisdiction
3-tiered structure containing us district courts, us courts of appeal, and us supreme court
federal courts system
3 levels: trial courts, appellate courts, and supreme court
state court system
lawful authority of a court to hear or to act on a case from its beginning and to pass judgment in the law and the facts
may be over a specific geographic area or over particular types of cases
original jurisdiction
the lawful authority of a court to review a decision made by a lower court
appellate jurisdiction
where criminal cases begin. conducts arraignments, sets bail, takes pleas, and conducts trials
state trial courts
authorized to hear misdemeanors, fam disputes, traffic violations. rarely hold jury trials, do not maintain records of proceedings
state trial courts of limited jurisdiction
puts the interests of the state first, represented by prosecutors, against the accused, rep by defense counsel, in a process constrained by procedural rules specified in law and by traditions
adversarial process
requests by a defendant to a higher court asking it to review the actions of a lower court
death penalty is usually automatically this
appeals
a coordinator who assists with case-flow management, operating funds, budgeting, and court docket admin
state court administrator
an informal hearing place designed to mediate interpersonal disputes without resorting to the more formal arrangements of a criminal trial court
dispute-resolution center
low-level courts focusing on quality-of-life crimes that erodes a neighborhood’s morale. emphasizes prob solving rather than punishment. builds on restorative principles like community service and restitution
community court
jurisdiction of fed court
over cases arising under the constitution
trial courts of the fed court system. hears nearly all categories of fed cases, including civil and criminal
us district courts
right to appeal
constitution guarantees this
defendant has a right to one appeal
the power of a court to review actions and decisions made by other agencies of govt
judicial review
supreme court consists of
9 justices
8 associate justices
1 chief justice
includes judges, prosecuting attorneys, defense attorneys, public defenders and others who earn a living serving court
courtroom work group
an elected or appointed public official who presides over a court of law and who is authorized to hear and sometimes to decide cases and conduct trials
judge
an attorney whose official duty is to conduct criminal proceedings on behalf of the state or the people against those accused of having committed criminal offenses
prosecutor
non-partisan committee creates a list of possible candidates
final list sent to gov’s office
the governor appoints from list
after specified time period, the appointed judge stands for election
missouri plan
rep the accused participates in plea negotiations prepares a defense calls witnesses refutes case preserved by prosecutor presents arguments at time of sentencing files appeals
defense counsel
3 major categories of defense counsel
private attorney
court-assigned counsel
public defender
own legal practices or work for law firms
fees can be high
private attorney
drawn from a roster of all practicing attorneys
fees are paid at a rate set by govt
court assigned counsel
relies on full-time salaried staff
public defender
whether or not to charge someone w crime
which charges to be filed against defendant
which multiple charges should be filed together or separately
when to schedule cases for trial
whether or not to accept a negotiated plea
what evidence to present, including witnesses
what sentencing recommendations to make
prosecutor discretion
any info having a tendency to clear a person of guilt or blame
exculpatory evidence
charged w ensuring order in the courtroom
bailiff
creates written transcript of case
court reporter
maintain all records of crim cases and verdicts
prepare the jury pool and issue jury summons
subpoenaing witnesses
making physical evidence for id
swearing in witnesses
clerk of court
have special knowledge and skills in an established profession or technical area. usually this person is paid to testify
expert witness
an eyewitness, character witness, or other person called on to testify who is not considered an expert
lay witness
written document officially notifies witnesses that they are to appear in court to testify
subpoena
trial is moved to another jurisdiction less likely to have been exposed to publicity
change of venue
refers to wide range of sentences that depend on correctional resources available in the community
permit convicted offenders to remain in the community under conditional supervision as an alternative to an active prison sentence
community corrections
sentence of imprisonment that is suspended, instead sentence is served while under supervision of community
probation
granted by a judicial officer to a convicted offender, as long as the person meets certain conditions of behavior
conditional freedom
must abide by court mandated conditions or rise probation revocation
probation conditions
apply to all probationers within the jurisdiction
- obey laws
- maintain employment
- remain w jurisdiction
- allow probation officer to visit home/workplace
- pay court ordered fines
gen conditions
judge-mandated for the specific probationer
- surrender license
- pass ged
- do community service
- curfew
- complete treatment plan
specific conditions
a prisoner reentry strategy in which inmates receive supervised conditional early release from correctional confinement
parole
grant discretionary parole based on judgment and assessment
parole boards
produce mandatory parole, w release date and is more common
statutory decencies
release of an inmate from prison to supercision that is decided by a parole board or other authority
discretionary release
release of an inmate from prison that is determined by statute or sentencing guidelines and is not decided by a parole board or other authority
mandatory release
an act or failure to act by a parolee that does not conform to the conditions of his or her parole
parole violation
hearing used to determine whether a parole or probationer has violated the conditions and requirements of his/her parole or probation
revocation hearings
involves a combination of brief incarceration followed by probation
used for minor drug offenders
split sentencing
offender is sentenced to prison and is allowed to apply for release, is judicial
shock probation
offender is sentenced to prison and is allowed to apply for release, is administrative
shock parole
use “boot camps” to demonstrate reality of prison life
used for 1st time offenders
involves discipline and physical training
appears tough on crime but doesn’t work well
shock incarceration
sentence that requires that a convicted offender serve weekends in a confinement facility while undergoing probationary supervision in the community
mixed sentence
offenders spend time working for a community agency
community service
form of probation involving frequent face-to-face contact between the probationer and the probation officer
intensive probation supervision (IPS)
house arrest. individuals are orderd confined in their hoes and sometimes have electronic monitors
home confinement
supervision strategy that uses electronic technology to track offenders who have been sentenced to house arrest and etc
remote location monitoring
future of probation and parole
expansion instead of shrinking
barriers to successful reentry to socciety
substance abuse poverty lack of education diminished opportunities for employment physical/mental disabilities
geared toward serious and violent offenders recently released from jail
goal is to reduce reincarcerration
Serious Violent Offender Reentry Initiative (SVORI)
SVORI phases
phase 1: protect and prepare: institute programs
phase 2: controle and restore: community transition programs
phase 3: sustain and support: community-based long term
probable cause
the reasonable belief that a specific person committed a specific crime
reasonable suspicion
reasonable belief that through articulate circumstances that criminal activity might be afoot
req of miranda rights
guilt seeking questions and in custody
