Unit 6 Flashcards
Concurring Opinion
When a Supreme Court justice writes a concurring opinion, it signals he agrees with the ultimate decision made by the majority of the court, but not with the reasons the decision was reached. The justice writes his own rationale for the final decision, shining a light on another viewpoint.
Judicial Review
the power of an independent judiciary, or courts of law, to determine whether the acts of other components of the government are in accordance with the constitution.
Arrest
An arrest is using legal authority to deprive a person of his or her freedom of movement. An arrest is generally made with an arrest warrant.
Hearing
Any proceeding before a judge or other qualified hearing officer without a jury, in which evidence and argument is presented to determine some issue of fact or both issues of fact and law.
Indictment
they are given formal notice that it is believed that they committed a crime. The indictment contains the basic information that informs the person of the charges against them.
Arraignment
The first step in criminal proceedings where the defendant is brought in front of the court to hear the charges and enter a plea.
Plea bargain
usually involves the defendant pleading guilty to a lesser charge, or to only one of several charges. The judge, however, is not bound to follow the prosecution’s recommendation.
Juvenile law
An area of the law that deals with the actions and well-being of persons who are not yet adults. In most states and on the federal level, this age threshold is set at 18 years
Supreme Court Justice
The Supreme Court of the United States is the highest court in the country, and it leads the federal judiciary. The Supreme Court justices are chosen by the President of the United States and confirmed by the Senate.
Chief Justice
the presiding judge in the Supreme Court of the United States, and the highest judicial officer of the nation. The chief justice is appointed by the president with the advice and consent of the Senate and has life tenure.
Miranda v. Arizona
The Supreme Court ruled that detained criminal suspects, prior to police questioning, must be informed of their constitutional right to an attorney and against self-incrimination.
Gideon v. Wainwright
the Supreme Court ruled that the Constitution requires the states to provide defense attorneys to criminal defendants charged with serious offenses who cannot afford lawyers themselves. The case began with the 1961 arrest of Clarence Earl Gideon.
NJ v. TLO
public school administrators can search a student’s belongings if they have a reasonable suspicion of criminal activity
Escobedo v. Illinois
a United States Supreme Court case holding that criminal suspects have a right to counsel during police interrogations under the Sixth Amendment.
What types of cases are traditionally heard in the Federal Court system?
Federal courts hear criminal, civil, and bankruptcy cases. And once a case is decided, it can often be appealed.
What is original jurisdiction and what levels of the courts typically have it?
The term literally means a lawsuit that is filed directly in the Supreme Court with no prior trial or appeal in lower courts
Original jurisdiction is the power of a court to hear and decide a case before it has been heard and decided by any lower court. In other words, it is a court’s power to hear and decide a case before any appellate review.
Supreme courts have limited original jurisdiction, and District Courts have original jurisdiction over most cases, Courts of Appeal have no original jurisdiction.
Example: a family law court has the authority to hear a child custody case, but not to hear a burglary case. Therefore, the family law court has original jurisdiction.
Why are our Miranda Rights important to due process?
Arrests can occur without the Miranda Warning being given. If the police later decide to interrogate the suspect, the warning must be given at that time. Their vigilance to this rule means less chance of a case being overturned in court due to poor procedure on their part.
Who determines a verdict in a case? Why is this important?
This consistent, predictable system also helps us to have confidence in the rulings of the judge and jury. In federal court, the jury decides the verdict. It’s the judge’s job to act as referee, ruling on issues of law before and during the trial.
What is the overall goal of decisions made in juvenile courts/law? Civil and criminal
Civil cases: custody, rights, injury
Criminal cases: Neglect, Delinquency
Who is involved in juvenile courts? What differences exist between adult trials and juvenile trials?
Special courts, officers, and lawyers
Closed to public, records sealed, no jury
Can start with a petition by school or parent
Punishment focused on rehabilitation
Stern lecture, special school, correctional facility
If neglect is found, court becomes guardian
What is the overall purpose of the exclusionary rule?
The exclusionary rule prevents the government from using most evidence gathered in violation of the United States Constitution. The decision in Mapp v. Ohio established that the exclusionary rule applies to evidence gained from an unreasonable search or seizure in violation of the Fourth Amendment.
Why is the phrase ‘beyond reasonable doubt’ important to the justice system?
The prosecution bears the burden of proving that the defendant is guilty beyond all reasonable doubt. This means that the prosecution must convince the jury that there is no other reasonable explanation that can come from the evidence presented at trial.
How does the personal view or opinion of a Supreme Court judge potentially impact the outcome or decision of a case?
The oath further requires that judges disregard their personal opinions on social, political, and legal issues and scrupulously follow the law. Judicial impartiality demands that the rule of law prevail no matter how strongly a judge holds a personal view or how vehemently a judge disagrees with the law.
Define judicial review and how it impacts the world today.
It serves to ensure that the changing views of a majority do not undermine the fundamental values common to all Americans, i.e., freedom of speech, freedom of religion, and due process of law.
plays an essential role in ensuring that each branch of government recognizes the limits of its own power. it protects civil rights and liberties by striking down laws that violate the Constitution.
