final Flashcards
3 main components of cj system
courts, police, corrections
3 major types of courts in US
trial, appellate, supreme
12 steps in cj process
arrest
initial appearence
bail
prelim hearing
grand jury
arraignment
discovery
pretrial motions
plea negotiation
trial
sentencing
appeal
what is the crime control model
conservative, proposes harsh penalities
what is the due process model
liberal, advocates programs and reducing poverty
4 elements of law
REAL
body of rules
enforced regularly
enacted by persons authorized
legitimate manner
whats the difference between natural and positive law
natural moral basis and binds to society, positive is human made and changes w circumstance
what is it when 2 parties approach the same set of facts from different perspectives
adversary system
what is substantive law
the what?
rules that create legal obligations/ expectations
what is procedural law
the how?
establishes methods of enforcing obligations
burden of proof is on the prosecutor beyond a reasonable doubt
examples of civil disputes
tort, contracts, property, divorce, inheritance
elements of trial court
original jurisdiction, 1 judge, determine guilt or innocence
elements of appellate court
review, no jury, determine correct interpretation of law
courts top to bottom
supreme
appellate
trial/ us district
others, military, tax
what is parens patrie
efforts to change the thinking about children
elements of juv c
help child, informal proceedings, proceedings based on civil law, secret proceedings, no jury
elements of adult c
punishment, formal, proceedings based on criminal law, open proceedings, jury trial
who is in courtroom work group
judges, hearing officers, prosecutors, defense attorneys, probation officers
appellate c proceedures 4
notice of appeal
appellate c record
appellate breifs
oral arguement
types of disposition
affirmed, reversed, reversed and remanded, remanded
elements of lawyers
protect clients, do not allow them to perjured themselves
elements of prosecutors
not to convict, but to see that justice is done
3 systems to for a defense attorney
assigned- appointed by judge
contract systems- services for dollar amt
public defender- salaried public official
judges powers 4
set and revoke bail, preside over pretrial matters, preside over trials, sentencing
3 types to hire judges
executive appt- appointed by pres and confirmed by senate
election- used in most states
merit- remove politics from c
3 main characteristics of all indigents
gender, poverty, race
3 programs that aid victims
assistance programs- treatment and therapy
compensation- $ to victims
bill of rights- protection
4 types of charging documents
arrest warrant
criminal complaint
indictment
information
arrest warrant
used by arresting officer, needed to take into custody
criminal complaint
grand jury, lists charges and why
indictment
grand jury, formal written accusation
information
prosecutor, read final charges
burden of proof in trial court
beyond a reasonable doubt
3 facets of discretion
legal judgements- basic q such is there evidence beyond a reasonable doubt
policy priorities- pros devote greater resources to more serious offenses
personal standards of justice- attitudes of members of croom wgroup about what actions should be punished
