Test 3 Flashcards
A schedule of cases in a court
Docket
A term describing the manner in which U.S. criminal trial courts operate; a system that requires two sides, a prosecution and a defense.
Adversarial Process
A trial in which a defendant waives the right to a jury trial and instead agrees to a trial in which the judge hears and decides the case.
Bench Trial
In archaic usage, considered the first type of jury that determined the ownership of land. Currently, a type of investigation.
Inquest
A 12th-century English law that established judicial procedure and the grand jury system.
Assize of Clarendon
Formal statement of the criminal offense the defendant is accused of.
Charge
An ancient custom in which the accused was required to perform a test that appealed to divine authority to prove guilt or innocence.
Trial by Ordeal
An old English court comprising the king’s councilors that was separate from common-law courts.
Court of the Star Chamber
The first 10 amendments to the U.S. Constitution, which guarantee fundamental rights and privileges to citizens
Bill of Rights
The authority of the court to hear certain cases.
Jurisdiction
The authority of a court to hear a case based on the nature of the case.
Subject-Matter Jurisdiction
A court that has jurisdiction only over certain types of cases or subjects matter.
Limited-Jurisdiction Court
A court that may hear all types of cases except for those prohibited by law.
General-Jurisdiction Court
The authority of a court to hear a case based on the location of the offense.
Geographic Jurisdiction
A court that holds sessions at intervals within different areas of a judicial district.
Circuit Court
The authority of a court to hear a case based on where the case is located in the system.
Hierarchical Jurisdiction
A federal crime that involves patterns of illegal activity carried out by organized groups that run illegal businesses or break the law in other organized ways.
Racketeering
Courts of general jurisdiction that try felony cases involving federal laws and civil cases involving amounts of money over $75,000.
U.S. District Courts
Intermediate courts that dispose of many appeals before they reach the Supreme Court.
U.S. Courts of Appeals
The “court of last resort.” The highest court in the United States, established by Article III of the Constitution, hears only appeals, with some exceptions.
U.S. Supreme Court
An order from a superior court calling up for review the record of a case from a lower court.
Writ of Certiorari
A rule that states that at least four f the nine Supreme Court justices must vote to hear a case.
Rule of Four
A brief in which someone who is not a part of a case gives advice or testimony.
Amicus Curiae
General courts and special courts funded and run by each state.
State Courts
Sometimes called inferior courts, in reference to their hierarchy. These courts receive their authority and resources from local county or municipal governments.
Lower Courts
The judges, prosecutors, defense attorneys, clerks, and bailiffs who work together to move cases through the court system and whose interaction determines the outcome of criminal cases.
Courtroom Work Group
The power of a criminal justice official to make decisions on issues within legal guidelines.
Discretion
The final determination of a case or other matter by a court or other judicial entity.
Disposition
A compromise reached by the defendant, the defendant’s attorney, and the prosecutor in which the defendant agrees to plead guilty or no contest in return for a reduction of the charges’ severity, dismissal of some charges, further information about the offense or about others involved in it, or the prosecutor’s agreements to recommend a desired sentence.
Plea Bargain
A term describing how similar cases have been settled by a given set of judges, prosecutors, and attorneys.
Going Rate
The person who determines which cases the federal government will send to the U.S. Supreme Court for review and the positions the government will take before the Court.
U.S. Solicitor General
Part of the U.S. Department of Justice, the Criminal Division developed, enforces, and supervises the application of all federal criminal laws except those assigned to other divisions.
Criminal Division
The principle litigators of the United States who conduct most of the trial work in which the United States is a party. They prosecute criminal cases brought by the federal government; prosecute and defend civil cases in which the United States is a party; and collect certain types of debts owed to the federal government.
U.S. Attorneys
Routine cases that are considered in the context of how the court handled similar offenses.
Normal Crimes
A form of judicial selection in which a nomination commission presents a list of candidates to the governor, who decides on a candidate. After a year in office, voters decide on whether to retain the judge. Judges must run for such re-election each term. Also called merit selection.
Missouri Bar Plan
Court officer responsible for executing writs and processes, making arrests, and keeping order in the court.
Bailiff
The primary administrative officer of each court who managed non-judicial functions.
Clerk of the court
A court officer who records and transcribes an official verbatim record of the legal proceedings of the court.
Court Reporter
An officer responsible for the mechanical necessities of the court, such as scheduling courtrooms, managing case flow; administering personnel, procuring furniture, and preparing budgets.
Court Administrator
An employee of a private, for-profit company the provides money for suspects to be released from jail. Also called a bondsman.
Bail Agent
An account given by the victim, the victim’s family, or others affected by the offense that expresses the effects of the offense, including economic losses, the extent of physical or psychological injuries, and major life changes.
Victim-Impact Statement
An officer appointed by the court to protect the interests of the child and to act as a liaison among the child, the child’s family, the court, and any other agency involved with the child.
Child Advocate
A requirement that the entire amount of the bail cost be paid in cash.
Cash bound
The use of a piece of property instead of cash as collateral for bail.
Property Bond
When a defendant pays no money to be released from jail and promises to appear in court when required.
Release on Recognizance
A declaration of the charges against an accused person that is presented to a grand jury to determine whether enough evidence exists for an indictment.
Bill of Indictment
A written statement of the facts of the offense that is charged against the accused.
Indictment
The decision of a grand jury that sufficient evidence exists to indict an accused person.
True bill
The decision of a grand jury not to indict an accused person because of insufficient evidence. Also called “no true bill.”
No-Bill
A formal, written accusation against a defendant submitted to the court by a prosecutor.
Information
Court appearance in which the defendant is formally charged with a crime and asked to respond by pleading guilty, not guilty, or Nolo Contendere.
Arraignment
A request made by the prosecutor or defense attorney that the court make a decision on a specific issue before the trial begins,
Pre-Trial Motion
The discrediting of a witness.
Impeach
The questioning of a witness about issues uncovered during cross-examination.
Redirect Examination
An order from a trial judge to the jury stating that the jury must acquit the accused because the prosecution has not proved its case.
Directed Verdict of Acquittal
The list or pool from which jurors are chosen.
Venire
French for “to see, to speak”; a phrase that refers to the questioning of jurors by a judge and/or attorneys to determine whether individual jurors are appropriated for a particular jury panel.
Voir Dire
The right of both the prosecution and the defense attorney to have a juror dismissed before trial without stating a reason.
Peremptory Challenges
A jury in a criminal case that is deadlocked or that cannot produce a unanimous verdict.
Hung Jury
A written petition to a higher court to review a lower court’s decision for the purpose of convincing the higher court that the lower court’s decision was incorrect.
Appeal
A set rules concerning the sentencing for a specified set of offenses that seek to create uniform sentencing policy by directing the judge to consider certain facts about the offense and the defendant when determining the sentence.
Sentencing Guidelines
A prison term that is determined by a parole board and does not state a specific period of time to be served or date of release.
Indeterminate Sentence
A prison term that is determined by law and states a specific period of time to be a served.
Determinate Sentence
A sentence that may be adjusted by the judge depending on aggravating or mitigating factors.
Presumptive Sentence
A sentence determined by law that establishes the minimum length of prison time that may be served for an offense.
Mandatory Minimim Stence
