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Criminal Justice > Quiz 2 > Flashcards

Quiz 2 Flashcards

1
Q

Four functions of the courts

A

Due process, Crime control, Rehabilitation, and Bureaucratic

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2
Q

Due Process

A

Protect rights of individuals

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3
Q

Crime Control

A

Fair to accused and fair to society

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4
Q

Rehabilitation

A

A program for reforming the offender to prevent later offenses

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5
Q

Bureaucratic

A

Deals with cases brought before it; speed and efficiency

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6
Q

Dual court system

A

A court system made up of both federal and state courts

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7
Q

Adversarial process

A

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.

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8
Q

Inquisitorial Process

A

The court process, in which the judge takes an active role in investigating the case and examining evidence by, for example, questioning witnesses

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9
Q

Jurisdiction

A

The official power to make legal decisions and judgments

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10
Q

Magistrate

A

A civil officer charged with the administration of the law

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11
Q

Federal Courts

A

Deal with problems between states; they also handle cases that deal with the Constitution and the laws made by Congress

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12
Q

Criminal Courts

A

Determine the guilt or innocence of persons accused of committing a crime

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13
Q

Local Legal Culture

A

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

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14
Q

Courtroom Workgroup

A

Individuals in the workplace on a continuing basis

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15
Q

Adjudicator

A

Judges must assume a neutral stance in overseeing the contest between the prosecution and the defense

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16
Q

Negotiator

A

Responsible for representing the organization at major negotiations

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17
Q

Administrator

A

Manage the courthouse and are in charge of their own courtroom and staff

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18
Q

Defense Attorney

A

The lawyer representing the defendant

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19
Q

Private attorney

A

Hired by defendant

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20
Q

Public defenders

A

The state pays court-appointed attorneys to represent defendants who are unable to hire private counsel

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21
Q

Powell v. Alabama (1932)

A

An attorney must be provided to a poor defendant facing the death penalty

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22
Q

Gideon v. Wainwright (1963)

A

A defendant in a felony trial must be provided a lawyer free of charge if the defendant cannot afford one.

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23
Q

Habeas Corpus

A

Judicial order requesting the release of a person being detained in a jail, prison, or mental hospital

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24
Q

Prosecutorial System

A

Prosecuting attorneys make discretionary decisions about whether to pursue criminal charges, which charges to make, and what sentence to recommend

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25
Q

Count

A

Each separate offense of which a person is accused in an indictment or an information

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26
Q

Nolle Prosequi

A

An entry indicating that the charges specified will not be prosecuted, and the charges are thereby dismissed.

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27
Q

Charging

A

Must decide whether there is reasonable cause, based on the evidence, that suspect committed the offense

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28
Q

Initial Appearance

A

Suspect appears before a judge to hear the charges and determine if bail will be set

29
Q

Preliminary Hearing

A

A hearing is held to determine if there is sufficient evidence to justify a trial

30
Q

Grand Jury

A

Jurors decide whether there is enough evidence to proceed with the case (used in the federal system)

31
Q

Bail

A

A sum of money used as a security deposit to ensure that an accused person returns for his or her trial

32
Q

Release on recognizance (ROR)

A

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

33
Q

US v. Salerno (1987)

A

Bail can be denied if the person is dangerous

34
Q

Pretrial detention

A

Holding an offender in secure confinement before trial

35
Q

Bench Trials

A

Trials conducted by a judge who acts as fact finder and determines issues of law. No jury participates.

36
Q

Jury Trials

A

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

37
Q

Vior Dire

A

A preliminary examination of a witness or a juror by a judge or counsel.

38
Q

Opening statements

A

Statements by opposing attorneys that tell the jury what their cases will prove

39
Q

Prosecution

A

Party who starts the legal proceedings against another party for a violation of the law

40
Q

Real Evidence

A

Evidence that consists of physical material or traces of physical activity

41
Q

Demonstrative Evidence

A

Evidence that is not based on witness testimony but that demonstrates information relevant to the crime

42
Q

Testimony

A

Oral evidence provided by a legally competent witness

43
Q

Direct Evidence

A

Evidence that “speaks for itself”

44
Q

Circumstantial evidence

A

Provided by a witness from which jury must infer a fact

45
Q

Subpoena

A

A written order issued by a court compelling a person to testify certain physical evidence

46
Q

Rape shield laws

A

Prohibits use of a victim’s previous sexual conduct in court

47
Q

Inadmissible evidence

A

Evidence that cannot be considered by a judge

48
Q

Direct Examination

A

The examination of a witness by the attorney who calls the witness to the stand to testify on behalf of the attorney’s client

49
Q

Cross-Examination

A

The questioning of an opposing witness during a trial

50
Q

Rebuttal

A

Response with contrary evidence

51
Q

Closing Arguments

A

Arguments made by each side’s attorney after the cases for the plaintiff and defendant have been presented

52
Q

Jury Instructions

A

Judge gives the jury the particular rules of law that apply to the case

53
Q

Deliberations

A

The jury’s formal discussion and debate over what the verdict of a trial will be

54
Q

Arraignment

A

A hearing in which a suspect is charged and pleads guilty or not guilty

55
Q

Appellate jurisdiction

A

The authority of a court to review decisions made by lower courts

56
Q

Concurrent jurisdiction

A

Authority for both state and federal courts to hear and decide cases

57
Q

Exclusive jurisdiction

A

Authority of only federal courts to hear and decide cases

58
Q

Scott v. Illinois (1979)

A

If there is no possibility of confinement, the Sixth Amendment right to counsel does not apply

59
Q

Argersinger v. Hamlin (1972)

A

Indigent defendants must be provided with attorneys when facing misdemeanor and petty charges that may result in incarceration

60
Q

Santobello v. New York (1971)

A

When a guilty plea rests on a promise of a prosecutor, the promise must be fulfilled

61
Q

Discovery

A

A prosecutor’s pretrial disclosure to the defense of facts and evidence to be introduced at trial

62
Q

Contract counsel

A

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

63
Q

Legislative Branch

A

Makes laws

64
Q

Executive Branch

A

Enforces laws

65
Q

Judicial Branch

A

Interprets the laws

66
Q

Trial courts of limited jurisdiction

A

Criminal courts with trial jurisdiction over misdemeanor cases and preliminary matters in felony cases

67
Q

Trial courts of general jurisdiction

A

Criminal courts with jurisdiction over all offenses, including felonies. In some states, these courts also hear appeals.

68
Q

Appellate courts

A

Courts that do not try criminal cases but hear appeals of decisions of lower courts

69
Q

Courts of last resort

A

The highest courts in each American court system, typically called supreme courts, hear selected appeals from the lower courts.

Criminal Justice (3 decks)

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