Test 3 Flashcards
We have a dual court system what does that mean?
We have state and federal courts
state trial courts
limited/special jurisdiction only hear less serious criminal cases
courts of general jurisdiction may hear any criminal case
State appellate courts
intermediate appellate court and state supreme court (court of last resort)
dispute resolution centers
infromal hearing places designed to mediate interpersonal disputes
community courts
low-level courts focusing on quality of life crimes that erode a neighborhoods morale, with emphasis on solving over punnishment
specialized courts
low-level courts focusing on relatively minor offences, handling special people and issues
how many courts of appeal and their function
13- each has mandatory jurisdiction over decisions of district courts in its area
3 types of appeals
Frivolous
Ritualistic
Nonconsensual
appeals process
regular court-court of appeals- supreme court
how are state judges chosen
voted in except municipal courts
The Judge
ensure justice
ultimate authority
The prosecuting attorney
conducts criminal proceedings
has the burden of proof
can make and take plea bargains, dismissing cases, determine charges
the defense council
represents defendant
preps defense and files appeal
guaranteed by 6th amendment to client
bailiff
ensures order
trial court administrators
smooth running of court
court reporter
records everything
prosecutorial discretion
can choose which cases to take
clerk of court
maintain court records, prep jury pool, swear in witnesses
expert witness
special skills and knowledge
lay witness
eyewitness
jurors
right to jury trial guaranteed by constitution
pretrial activities
first appearence
grand jury/ preliminary hearing
arraignment/ plea
plea bargaining
first appearance
first contact with officer of the court formal notice of charges advised of rights opportunity of lawyer must be held within 48 hours
grand jury
defendant doesn’t appear
jury decides probable cause
preliminary hearing
used when there isn’t a grand jury
determining if defendant is competent to stand trial
give defendant opportunity to challenge legal basis for detention
criminal trial stages (8)
trial initiation jury selection opening statements evidence closing arguments judge charge to jury jury deliberation verdict
indigent defendant
doesn’t have a lawyer
voir dire examination
questioning potential jurors
plea types
guilty, not guilty, no contest (guilty)
brady v maryland
prosecutor must disclose exculpatory evidence
us v bagley
prosecutor must disclose evidence defense requests
powell v alabama
right to council during trial- capitol cases
gideon v wainwright
right to council during felony cases
argersincer v hamlin
right to council when incarceration is possible
mcnabb v us
first appearance within 48 hours of arrest
us v hazzard
denial of bail- danger to community
henderson v morgan
defendant may withdraw a plea bargain
bordenkircher v hays
prosecutor threat durring plea bargaining
furman v georgia
traditional criminal trial was unconstitutional for death penalty cases
gregg v georgia
bifurcated trials were constitutional for death penalty cases
gagnon v scarpelli
due process for probationers
morrissey v brewer
due process for parolee
bearden v georgia
failure to pay fees- not grounds for revocation of parole/ probation
intermediate sentencing
Sentencing model that encourages rehabilitation through the use of general and relatively unspecific sentences
Relies heavily on the judge’s discretion
sentencing model
includes determinate and presumptive schemes , as well as voluntary/ advisory sentencing guidelines
federal sentencing guidelines
requires an offender be sentenced to a fixed term that may be reduced by god time or gain time
federal sentencing guidelines pt2
Sentencing model that encourages rehabilitation through the use of general and relatively unspecific sentences
Relies heavily on the judge’s discretion
presentence investigation reports
designed to help judges decie on the appropriate term limits establisged by law, long form, written form, verbal report, prepared by PO
victim impact statements
information provided by victims or survivors regarding the losses, suffering, and trauma resulting from the crime, usually in writing, impact sentencing
capitol punishment- US supr.
capitol offenses, punishable by death, 3 states have it with federal government, 18,800 total since 1608
probation sentencing and punishment
most offenses are on probation 56% parole 12%
early release and parole
successful and continued employment of paroles linked to reduce likelihood of reoffering
intermediate sanctions
Split sentencing Shock probation/parole Shock incarceration Mixed sentencing and community service Intensive probation supervision Home confinement and remote location monitoring
reentry programs
probations does not appear to deter because is it far less punitive than incarceration, reentry courts combine judicial oversight with rehabilitative services
Two-step capitol trial
Jury decides guilty and death
Presumptive sentence
Judge can add to baseline based of circumstance
Flat sentence structure
10 years is 10 years
Independent sentence structure
You can get parole or good time off
