Final Exam Flashcards
the hearing before a court having jurisdiction in a criminal case in which the identity of the defendant is established, the defendant is informed of the charge and his or her rights and the defendant is required to enter a plea. (any appearance in criminal court before trial)
Arraignment
elected or appointed public official who presides over a court law and who is authorized to hear and sometimes to decide cases and to conduct trials
Judge
appearance before a magistrate during which the legality of the defendants arrest is initially asses and the defendant is informed of the charges on which he/she is being held. at this stage in the criminal justice process, bail may be set or pretrial release arranged.
initial appearance or first appearance
the attempt to reform a criminal offender. also, the state in which a reformed offender is said to be
Rehabilitation
the use of imprisonment or other means to reduce the likelihood that an offender will commit future offenses
Incapacitation
a sentencing alternative that requires offenders to spend at least part of their time working for a community agency
Community Service
number of inmates a prison can effectively accommodate based on management considerations
Operational Capacity
intentional making of a false statement as part of the testimony by a sworn witness in a judicial proceeding on a matter relevant to the case at hand
Perjury
legislative effort to restrict inmate filings worthwhile cases and to reduce the number of suits brought by state prisoners in federal courts .
Prison Litigation Reform Act
a jury that is isolated from the public during the course of a trial and throughout the deliberation process
Sequestered jury
a court order taking away a convicted offender’s probationary status and usually withdrawing the conditional freedom associated with that status in response to a violation of the conditions of probation
Probation Revocation
lawful authority of a court to hear or to act on a case from its beginning and to pass judgement on the law and the facts. the authority may be over a specific geographic area or over particular types of causes
Original jurisdiction
reduce the likelihood of re-incarceration by providing tailored supervision and services to improve the odds for a successful transition to the community.
Serious Violent Offender Reentry Initiative (SVORI)
court whose subject -matter is limited to specific types of controversy
Limited jurisdiction
decision-making power of prosecutors based in the wide range of choices available to them in the handling of criminal defendants, the scheduling of cases for trial, the acceptance of negotiated please, and the most important lies in the power to charge or not to charge a person with an offense.
Prosecutorial discretion
general conditions tend to be fixed by state statute, whereas special conditions are mandated by the sentencing authority and take into consideration the background of the offender and the circumstance of the offense.
Function of probation
member of a trial or grand jury who has been selected for jury duty and is required to serve as an arbiter of the facts in a court of law.
Juror
a formal written accusation submitted to a court by a prosecutor alleging that a specified person has committed a specified offense
Information
a form of probation supervision involving frequent face-to-face contact between the probationer and the probation officer.
Intensive Probation Supervision (IPS)
written order issued by a judicial officer or grand jury requiring an individual to appear in court and to give a testimony or to bring material to be used as evidence. some subpoenas mandate that books, papers and other items be surrendered to the court
Subpoena
state paroling authority. many states have parole boards that decide when an incarcerated offender is ready for conditional release
Parole board
a goal of criminal sentencing that attempts to make the victim “whole again”
Restoration
the lawful authority of a court to review a decision made by a lower court
Appellate jurisdiction
a sentencing option that makes use of “boot camp” type prisons to impress on convicted offenders the realities of prison life
Shock incarceration
sentencing principle that holds that the severity of sanctions should bear a direct relationship to the seriousness of the crime committed
Proportionality
goal of criminal sentencing that seeks to inhibit criminal behavior through the fear of punishment
Deterrence
the number of inmates a prison was intended to hold when it was built or modified
Design Capacity
money or property pledged to the court or actually deposited with the court to effect the release of a person from legal custody
Bail
lower cost, increased employment, restitution, community support, reduced risk of criminal socialization, increased use of community services , increased opportunity for rehabilitation
Advantages of probation
a close correspondence between the sentence imposed on an offender and the time they actually served in prison
Truth in sentencing
9 justices, 8 are associate justices and the ninth presides over the court as the chief justice of the united states.
SC justices are nominated by the prez and confirmed by the senate and serve for life
characteristics of the supreme court
formal written accusation submitted to the court by a grand jury alleging that a specific person has committed a specified offense, usually a felony
Indictment
courthouse employee who maintains all records of criminal cases, including motions made before, during, and after trial, the clerk also prepares a jury pool, issues jury summoners, subpoenas witnesses and supports the work of the court in other ways
Clerk of the court
an attorney employed by a government agency or subagency, or by a private org under contract to a gov body for the purpose of providing defense services to indigent. or an attorney who volunteered such service
Public defender
a model of criminal punishment in which an offender is given a fixed term of imprisonment that may be reduced by good time or gain time. under the model, for example, all offenders convicted of the same degree of burglary would be sentenced to the same length of time behind bars
Determinate sentencing
acronym for administrative maximum. this term is used by the federal government to denote ultra high security prisons
ADMAX
a law intended to prevent the pretrial release of criminal defendants judged to represent a danger to others in the community
Danger law
court officer whose duties are to keep order in a court room to secure witnesses and to maintain physical custody of the jury
Bailiff
two sided structure under which american criminal trial courts operate that pits the prosecution against the defense. justice is done when the more effective adversary is able to convince the judge or jury that his or her perspective on the case is the correct one
Adversarial system
a model of criminal sentencing that holds that criminal offenders deserve the punishment they receive at the hands of the law and that punishments should be appropriate to the type and severity of the crime committed
Just deserts
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
is used when the defendant does not wish to contest conviction. bc the plea does not admit guilt, however, it can not provide the basis for later civil suits that might follow criminal conviction
Nolo Contendere (no contest plea)
in legal proceedings an actual and substantial doubt arising from the evidence from the facts or circumstances shown by the evidence or from the lack of evidence. also the state of case such that, after the comparison and consideration of all the evidence, jurors cannot say they feel an abiding conviction of the truth of the charge
Reasonable doubt
a sentencing model that builds on restitution and community participation in an attempt to make the victim “whole again”
Restorative justice
use of split sentencing, shock probation or parole, shock incarceration, mixed sentencing, community service, IPS, or home confinement in lieu of other, more traditional sanctions, such as imprisonment and fines
Intermediate Sanctions
a system used by prison administrators to assign inmates to custody levels based on offense history assessed dangerousness, perceived risk of escape and other factors.
Classification
court ordered period of correctional supervision in the community, generally as an alternative to incarceration
characteristics of probation
managed return to the community of individuals released from prison
Reentry
the lawyer representing the defendant
Defense attorney
the act of taking revenge on a criminal perpetrator
Retribution
group of jurors who have been selected according to law and have been sworn to hear the evidence and to determine whether there is sufficient evidence to bring the accused person to trial, to investigate criminal activity generally or to investigate the conduct of a public agency or official
Grand Jury
the professional courtroom actors, including judges, prosecuting attorneys, defense attorneys, public defenders, and others who earn a living serving the court
Courtroom work group
