Quiz 2 Flashcards
Four functions of the courts
Due process, Crime control, Rehabilitation, and Bureaucratic
Due Process
Protect rights of individuals
Crime Control
Fair to accused and fair to society
Rehabilitation
A program for reforming the offender to prevent later offenses
Bureaucratic
Deals with cases brought before it; speed and efficiency
Dual court system
A court system made up of both federal and state courts
Adversarial process
Lawyers for each side represent their clients’ best interests in presenting evidence and formulating arguments as a means to discover the truth and protect the rights of defendants.
Inquisitorial Process
The court process, in which the judge takes an active role in investigating the case and examining evidence by, for example, questioning witnesses
Jurisdiction
The official power to make legal decisions and judgments
Magistrate
A civil officer charged with the administration of the law
Federal Courts
Deal with problems between states; they also handle cases that deal with the Constitution and the laws made by Congress
Criminal Courts
Determine the guilt or innocence of persons accused of committing a crime
Local Legal Culture
Norms shared by members of a court community as to how cases should be handled and how a participant should behave in the judicial process
Courtroom Workgroup
Individuals in the workplace on a continuing basis
Adjudicator
Judges must assume a neutral stance in overseeing the contest between the prosecution and the defense
Negotiator
Responsible for representing the organization at major negotiations
Administrator
Manage the courthouse and are in charge of their own courtroom and staff
Defense Attorney
The lawyer representing the defendant
Private attorney
Hired by defendant
Public defenders
The state pays court-appointed attorneys to represent defendants who are unable to hire private counsel
Powell v. Alabama (1932)
An attorney must be provided to a poor defendant facing the death penalty
Gideon v. Wainwright (1963)
A defendant in a felony trial must be provided a lawyer free of charge if the defendant cannot afford one.
Habeas Corpus
Judicial order requesting the release of a person being detained in a jail, prison, or mental hospital
Prosecutorial System
Prosecuting attorneys make discretionary decisions about whether to pursue criminal charges, which charges to make, and what sentence to recommend
Count
Each separate offense of which a person is accused in an indictment or an information
Nolle Prosequi
An entry indicating that the charges specified will not be prosecuted, and the charges are thereby dismissed.
Charging
Must decide whether there is reasonable cause, based on the evidence, that suspect committed the offense
Initial Appearance
Suspect appears before a judge to hear the charges and determine if bail will be set
Preliminary Hearing
A hearing is held to determine if there is sufficient evidence to justify a trial
Grand Jury
Jurors decide whether there is enough evidence to proceed with the case (used in the federal system)
Bail
A sum of money used as a security deposit to ensure that an accused person returns for his or her trial
Release on recognizance (ROR)
Pretrial release is granted on the defendant’s promise to appear in court because the judge believes that the defendant’s ties in the community guarantee that he or she will appear
US v. Salerno (1987)
Bail can be denied if the person is dangerous
Pretrial detention
Holding an offender in secure confinement before trial
Bench Trials
Trials conducted by a judge who acts as fact finder and determines issues of law. No jury participates.
Jury Trials
A panel of citizens selected according to law and sworn to determine matters of fact in a criminal case and to deliver a verdict of guilty or not guilty
Vior Dire
A preliminary examination of a witness or a juror by a judge or counsel.
Opening statements
Statements by opposing attorneys that tell the jury what their cases will prove
Prosecution
Party who starts the legal proceedings against another party for a violation of the law
Real Evidence
Evidence that consists of physical material or traces of physical activity
Demonstrative Evidence
Evidence that is not based on witness testimony but that demonstrates information relevant to the crime
Testimony
Oral evidence provided by a legally competent witness
Direct Evidence
Evidence that “speaks for itself”
Circumstantial evidence
Provided by a witness from which jury must infer a fact
Subpoena
A written order issued by a court compelling a person to testify certain physical evidence
Rape shield laws
Prohibits use of a victim’s previous sexual conduct in court
Inadmissible evidence
Evidence that cannot be considered by a judge
Direct Examination
The examination of a witness by the attorney who calls the witness to the stand to testify on behalf of the attorney’s client
Cross-Examination
The questioning of an opposing witness during a trial
Rebuttal
Response with contrary evidence
Closing Arguments
Arguments made by each side’s attorney after the cases for the plaintiff and defendant have been presented
Jury Instructions
Judge gives the jury the particular rules of law that apply to the case
Deliberations
The jury’s formal discussion and debate over what the verdict of a trial will be
Arraignment
A hearing in which a suspect is charged and pleads guilty or not guilty
Appellate jurisdiction
The authority of a court to review decisions made by lower courts
Concurrent jurisdiction
Authority for both state and federal courts to hear and decide cases
Exclusive jurisdiction
Authority of only federal courts to hear and decide cases
Scott v. Illinois (1979)
If there is no possibility of confinement, the Sixth Amendment right to counsel does not apply
Argersinger v. Hamlin (1972)
Indigent defendants must be provided with attorneys when facing misdemeanor and petty charges that may result in incarceration
Santobello v. New York (1971)
When a guilty plea rests on a promise of a prosecutor, the promise must be fulfilled
Discovery
A prosecutor’s pretrial disclosure to the defense of facts and evidence to be introduced at trial
Contract counsel
An attorney in private practice who contracts with the government to represent all indigent defendants in a county during a set period of time and for a specified dollar amount
Legislative Branch
Makes laws
Executive Branch
Enforces laws
Judicial Branch
Interprets the laws
Trial courts of limited jurisdiction
Criminal courts with trial jurisdiction over misdemeanor cases and preliminary matters in felony cases
Trial courts of general jurisdiction
Criminal courts with jurisdiction over all offenses, including felonies. In some states, these courts also hear appeals.
Appellate courts
Courts that do not try criminal cases but hear appeals of decisions of lower courts
Courts of last resort
The highest courts in each American court system, typically called supreme courts, hear selected appeals from the lower courts.
