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Court Systems and Practices > Untitled Deck > Flashcards

Untitled Deck Flashcards

1
Q

Acquittal

A

Judge and jury finds defendant not guilty

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2
Q

Actus Reus

A

Guilty act

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3
Q

Adjudicated

A

Judicial determination (judgment) that a youth is a delinquent or status offender

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4
Q

Adversarial System

A

A proceeding in which the opposing sides have the opportunity to present their evidence and arguments

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5
Q

Affidavit

A

A written statement of facts, which the signer swears under oath are true

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6
Q

Aggravating Circumstances

A

Factors that increase the seriousness of a crime and therefore tend to increase the severity of the sentence imposed

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7
Q

Alford Plea

A

Defendant pleads guilty while claiming innocence

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8
Q

Alibi (Defense)

A

A defense alleging that the defendant was elsewhere at the time that the crime with which he or she is charged was committed

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9
Q

Allen Charge

A

Jury can’t reach verdict. Judge encourages jury to deliberate until verdict is reached

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10
Q

Alternative Jurors

A

Jurors chosen in excess of the minimum number needed, in case one or more jurors is unable to serve for the entire trial

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11
Q

Amicus curiae

A

Latin for “friend of the court,” the term used to refer to an advocacy brief filed in court by a nonparty urging a particular outcome and/or rationale

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12
Q

Appellant

A

The party, usually the losing one, that seeks to overturn the decision of a lower court by appealing to a higher court

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13
Q

Appellate Brief

A

A formal document submitted to an appellate court setting forth the legal arguments in support of a party’s case on appeal.

When a brief is filed in support of a motion at the trial court level, it is sometimes referred to as a “memorandum of points and authorities

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14
Q

Arraignment

A

The stage of the criminal process in which the defendant is formally told the charges and allowed to enter a plea

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15
Q

Arrest Warrant

A

A document issued by a judicial officer authorizing the arrest of a specific person

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16
Q

Arrest

A

The act of depriving a person of his or her liberty, most frequently accomplished by physically taking the arrestee into police custody for a suspected violation of criminal law

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17
Q

Article I

A

Section of the U.S. Constitution concerning the legislative branch of the national government

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18
Q

Article III

A

Section of the U.S. Constitution concerning the judicial branch of the national government

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19
Q

Bail

A

The security (money or bail bond) given as a guarantee that a released prisoner will appear at trial

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20
Q

Bench Trial

A

Trial by Judge, no jury

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21
Q

Bench Warrant

A

An order issued by the court itself, or from the bench, for the arrest of a person; it is not based, as is an arrest warrant, on a probable cause showing that a person has committed a crime, but only on the person’s failure to appear in court as directed

(Aka a capias)

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22
Q

Bifurcated Trial

A

A trial split into two phases, such as the guilty and penalty phases of a capital prosecution

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23
Q

Bill of Rights

A

The first ten amendments to the U.S. Constitution, guaranteeing certain rights and liberties to the people

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24
Q

Bind over

A

If at the preliminary hearing the judge believes that sufficient probable cause exists to hold a criminal defendant, the accused is said to be bound over for trial

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25
Q

Burden of Persuasion

A

The level or quantum of evidence necessary to convince a judge or jury of the existence of some fact in dispute.

In a criminal case, the prosecution bears the burden of persuasion to prove each and every element of a crime beyond a reasonable doubt

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26
Q

Burden of Proof

A

The requirement to introduce evidence to prove an alleged fact or set of facts.

The level or quantum of evidence necessary to convince a judge or jury of the existence of some fact in dispute. In a criminal case, the prosecution bears the burden of persuasion to prove each and every element of a crime beyond a reasonable doubt.

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27
Q

Burger Court

A

The Supreme Court under the leadership of Chief Justice Warren Burger (1969–1986)

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28
Q

Capitol Offense

A

Any crime punishable by death penalty

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29
Q

Challenge for Cause

A

Method of excusing juror due to specific reasons, such as bias

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30
Q

Change of Venue

A

The removal of a case from one jurisdiction to another.

It is usually granted if the court believes that, due to prejudice, a defendant cannot receive a fair trial in the area where the crime occurred

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31
Q

Charge Bargaining

A

In return for the defendant’s plea of guilty, the prosecutor allows the defendant to plead guilty to a less-serious charge than the one originally filed

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32
Q

Charging Instrument

A

An information, indictment, or complaint that states the formal criminal charge against a named defendant

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33
Q

Circumstantial Evidence

A

Indirect, draw a conclusion

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34
Q

Civil Law

A

Law governing private parties; other than criminal law

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35
Q

Closing Arguments

A

Statement made by an attorney at the end of the presentation of evidence in which the attorney summarizes the case for the jury

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36
Q

Complaint

A

In civil law, the first paper filed in a lawsuit. In criminal law, a charge signed by the victim that a person named has committed a specified offense

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37
Q

Concurrence

A

A situation in which two or more things happen at the same time (Actus Reus and Mens Rea)

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38
Q

Contempt of Court

A

The failure or refusal to obey a court order; may be punished by a fine or imprisonment

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39
Q

Contract System

A

Method of providing counsel for indigents under which the government contracts with a law firm to represent all indigents for the year in return for a set fee

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40
Q

Corpus delicti

A

The body or substance of a crime, composed of two elements—the act and the criminal agency producing it, “Body of Evidence”; Elements in which prosecutors must prove beyond reasonable doubt

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41
Q

Count Bargaining

A

The defendant pleads guilty to some, but not all, of the counts contained in the charging document, which reduces the potential sentence

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42
Q

Court Appointed Attorney (Assigned counsel system)

A

Arrangement that provides attorneys for persons who are accused of crimes and are unable to hire their own lawyers.

The judge assigns a member of the bar to provide counsel to a particular defendant

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43
Q

Courtroom workgroup

A

The regular participants in the day-to-day activities of a particular courtroom; judge, prosecutor, and defense attorney interacting on the basis of shared norms

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44
Q

Criminal Defenses

A

Legally recognized justification for illegal actions, or acceptance that individuals were not legally responsible for their actions

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45
Q

Criminal Law

A

Laws passed by government that define and prohibit antisocial behavior

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46
Q

Cross Examination

A

At trial, the questions of one attorney put to a witness called by the opposing attorney

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47
Q

Cruel and Unusual Punishment

A

Court punishment prohibited by the 8th Amendment

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48
Q

Death-Qualified Jurors (Jury)

A

Juries that sit in judgment of a defendant in a capital trial and are comprised of members (selected through the voir dire process) who are not morally opposed to voting to impose the death penalty

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49
Q

Defendant

A

The person or party against whom a lawsuit or prosecution is brought

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50
Q

Defense of Others

A

You not only have the right to use force to protect yourself from harm but to protect others in certain circumstances

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51
Q

Defense of Property

A

An affirmative defense to liability for an alleged crime that one used force in order to protect one’s property

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52
Q

Defenses of Excuse

A

Criminal defenses that excuse criminal conduct because of some impairment, such as youthful age or insanity, that significantly mitigates criminal responsibility

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53
Q

Defenses of Justification

A

Criminal defenses that justify the use of force under limited circumstances, such as defending oneself or another person

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54
Q

Demonstrative Evidence

A

Visual/auditory aids that assist the fact finder to understand the evidence

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55
Q

Determinate Sentence

A

Sentence imposed with specific amount of years (i.e., 5 years; no more and no less)

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56
Q

Deterrence (Theory)

A

The view that certain, severe, and swift punishment will discourage others from similar illegal acts

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57
Q

Direct Evidence

A

Evidence derived from one or more of the five senses

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58
Q

Direct Examination

A

The questioning of witnesses, using primarily open-ended questions, to adduce evidence as part of a party’s case-in-chief

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59
Q

Discovery

A

Pretrial procedure in which parties to a lawsuit ask for and receive information such as testimony, records, or other evidence from each other

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60
Q

Discretion

A

The lawful ability of an agent of government to exercise choice in making a decision

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61
Q

Dismissal

A

Cases terminated (including those warned, counseled, and released) with no further disposition anticipated

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62
Q

Dissenting Opinions

A

An opinion written by a judge of an appellate court in which the judge states the reasons for disagreeing with the majority decision

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63
Q

Double Jeopardy

A

Fifth Amendment prohibition against a second prosecution after a first trial for the same offense

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64
Q

Dual Court System

A

A court system consisting of a separate judicial structure for each state in addition to a national structure.

Each case is tried in a court of the same jurisdiction as that of the law or laws involved

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65
Q

Due Process Model

A

A philosophy of criminal justice based on the assumption that an individual is innocent until proven guilty and has a right to protection from arbitrary power of the state

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66
Q

Due Process of Law

A

A right guaranteed in the Fifth and Fourteenth Amendments of the U.S. Constitution and generally understood to mean the due course of legal proceedings according to the rules and forms established for the protection of private rights

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67
Q

Elements of a Crime

A

Five principles of a crime that are critical to the statutory definition of crimes: guilty act, guilty intent, relationship between guilty act and guilty intent, attendant circumstances, and results

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68
Q

En banc

A

French term referring to the session of an appellate court in which all the judges of the court participate, as opposed to a session presided over by three judges

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69
Q

Evidence

A

Any kind of proof offered to establish the existence or nonexistence of a fact in dispute—for example, testimony, writings, other material objects, or demonstrations

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70
Q

Exclusionary Rule

A

A rule created by judicial decisions holding that evidence obtained through violations of the constitutional rights of the criminal defendant must be excluded from the trial

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71
Q

Exculpatory Evidence

A

Evidence that casts doubt on the guilt of a criminally accused person

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72
Q

Extradition

A

Legal process whereby officials of one state or country surrender an alleged criminal offender to officials of the state or country in which the crime is alleged to have been committed

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73
Q

Extralegal Factors

A

Factors, such as race, ethnicity, sex, and socioeconomic status, that are associated with differential treatment by the criminal justice system even though they are not supposed to affect case processing, outcomes, and sentences

74
Q

Felony

A

The more serious of the two basic types of criminal behavior, usually bearing a possible penalty of one year or more in prison

75
Q

Fruit of Poisonous Tree

A

The poisonous tree is evidence directly obtained as a result of a constitutional violation; the fruit is the derivative evidence obtained because of knowledge gained from the first illegal search, arrest, confrontation, or interrogation

76
Q

Gag Orders

A

A judge’s order that lawyers, witnesses, or members of law enforcement not discuss the trial with outsiders

77
Q

General Deterrence

A

The theory that posits that rational, self-interested people will be deterred from committing crimes by the threat of certain, severe, and swift punishment

78
Q

Good Faith

A

An exception to the exclusionary rule that allows illegally seized evidence to be admitted at trial if law enforcement officers acted in good faith, relying on a defective search warrant or a law subsequently determined to be unconstitutional

79
Q

Grand Jury

A

A group of citizens who decide whether persons accused of crimes should be indicted (true bill) or not (no true bill)

80
Q

Habeas Corpus

A

Latin phrase meaning “you have the body”; a writ inquiring of an official who has custody of a person whether that person is being lawfully imprisoned or detained

81
Q

Hearsay

A

An out-of-court assertion or statement, made by someone other than the testifying witness, which is offered to prove the truth of testimony.

Hearsay evidence is excluded from trials unless it falls within one of the recognized exceptions and does not otherwise violate the Sixth Amendment’s Confrontation Clause

82
Q

Hung Jury

A

A jury that is unable to reach a verdict

83
Q

Impeachment Evidence

A

Any evidence that would cast doubt on the credibility of a witness

84
Q

Incapacitation

A

Sentencing philosophy that stresses crime prevention through isolating wrongdoers from society

85
Q

Independent Source

A

An exception to the fruit of the poisonous tree doctrine that allows the admission of tainted evidence if that evidence was also obtained through a source wholly independent of the primary constitutional violation

86
Q

Indeterminate Sentencing

A

A sentence that has both a minimum and a maximum term of imprisonment, the actual length to be determined by a parole board

87
Q

Indictment

A

A formal accusation of a criminal offense made against a person by a grand jury

88
Q

Inevitable Discovery

A

Exception to FPT- Evidence would have been discovered anyway

89
Q

Inferior Court

A

Term for a trial court of limited jurisdiction; also may refer to any court lower in the judicial hierarchy

90
Q

Information

A

A formal accusation charging someone with the commission of a crime, signed by a prosecuting attorney, which has the effect of bringing the person to trial

91
Q

Initial Appearance

A

Shortly after arrest, the suspect is brought before a judicial official, who informs the person of the reason for the arrest and makes an initial determination about whether there was probable cause for the arrest.

In some jurisdictions, a preliminary determination regarding bail may also be made

92
Q

Insanity Defense

A

A criminal defense that excuses criminal conduct if a severe mental disease or defect substantially impaired the defendant’s ability to appreciate the wrongfulness of his or her conduct

93
Q

Intermediate Sanctions

A

Variety of sanctions that lie somewhere between prison and probation

94
Q

Interrogation

A

To ask questions of (a person), sometimes to seek answers or information that the person questioned considers personal or secret

95
Q

Interview

A

A structured conversation where one participant asks questions, and the other provides answers

96
Q

Jail

A

A place of confinement for persons held in lawful custody; less than 1 year

97
Q

Jurisdiction

A

The power of a court to hear and adjudicate a case

98
Q

Jury Consultants

A

Professionals who assist lawyers in selecting juries through the use of behavioral scientific principles and techniques

99
Q

Jury Deliberations

A

The action of a jury in determining the guilt or innocence, or the sentence, of a defendant

100
Q

Jury Nullification

A

Idea that juries have the right to refuse to apply law despite facts leave no reasonable doubt

101
Q

Just Deserts

A

Punishment for criminal wrongdoing should be proportionate to the severity of the offense

102
Q

Justice of the Peace

A

A low-level judge, sometimes without legal training, typically found in rural areas of some states, empowered to try petty civil and criminal cases and to conduct the preliminary stages of felony cases

103
Q

Juvenile Delinquency

A

An act committed by a juvenile for which an adult could be prosecuted in a criminal court

104
Q

Legal Ethics

A

Codes of conduct governing how lawyers practice law and how judges administer justice

105
Q

Mens Rea

A

Guilty mind/criminal intent behind a crime when it is committed

106
Q

Misdemeanor

A

Lesser of the two basic types of crime, usually punishable by no more than one year in jail

107
Q

Mistrial

A

Invalid trial

108
Q

Mitigating Factors

A

Factors that mitigate the seriousness of a crime and therefore tend to reduce the severity of the sentence imposed

109
Q

Model Rules of Professional Conduct

A

The American Bar Association’s set of model rules that impose ethical obligations on lawyers to their clients and to the courts.

Some variations of these rules have been adopted in all 50 states

110
Q

Municipal Court

A

A trial court of limited jurisdiction created by a local unit of government

111
Q

NIBRS (National Incident-Based Reporting System)

A

An incident-based, rather than summary

112
Q

What is a Mistrial?

A

An invalid trial.

113
Q

What are Mitigating Factors?

A

Factors that mitigate the seriousness of a crime and therefore tend to reduce the severity of the sentence imposed.

114
Q

What are the Model Rules of Professional Conduct?

A

The American Bar Association’s set of model rules that impose ethical obligations on lawyers to their clients and to the courts. Some variations of these rules have been adopted in all 50 states.

115
Q

What is a Municipal Court?

A

A trial court of limited jurisdiction created by a local unit of government.

116
Q

What is NIBRS?

A

National Incident-Based Reporting System; an incident-based system for tracking criminal offenses with significantly more detail than the UCR.

117
Q

What does ‘No Bill’ mean?

A

The decision of a grand jury not to indict a person for a crime; ‘no true bill.’

118
Q

What is Nolo Contendre?

A

Latin phrase meaning ‘I will not contest it.’ A plea of ‘no contest’ means the defendant does not directly admit guilt but submits to sentencing.

119
Q

What is an Objection?

A

The act of taking exception to a statement or procedure during a trial.

120
Q

What is an Officer of the Court?

A

Lawyers are officers of the court and must obey court rules, be truthful in court, and serve the needs of justice.

121
Q

What are Open Fields?

A

Fields, forests, vacant lots, etc. A warrant nor probable cause is needed to search.

122
Q

What is an Opening Statement?

A

Address made by attorneys for both parties at the beginning of a trial outlining what they intend to prove.

123
Q

What is Oral Argument?

A

The part of the appellate court decision-making process where lawyers plead their case in person before the court.

124
Q

What does Parens patriae mean?

A

The state as parent; the guardian and protector of citizens unable to protect themselves.

125
Q

What is Parole?

A

Early release from prison on the condition of good behavior.

126
Q

What is a Peremptory Challenge?

A

Both Defense and Prosecution can remove jurors they believe to be hostile to their side.

127
Q

What are Petit Juries?

A

Name used to differentiate trial juries from grand juries.

128
Q

What is Plain View?

A

When an officer sees contraband or other evidence that provides probable cause; no warrant needed.

129
Q

What is a Plea Bargain?

A

The process by which a defendant pleads guilty to a criminal charge with the expectation of receiving some benefit from the state.

130
Q

What is Precedent?

A

A case previously decided that serves as a legal guide for the resolution of subsequent cases.

131
Q

What is a Preliminary Hearing?

A

A pretrial hearing to determine whether there is probable cause to bind a defendant over for felony trial.

132
Q

What is a Presentence Investigation (PSI)?

A

Investigation by a probation department into circumstances surrounding a crime to help judges make appropriate sentencing decisions.

133
Q

What is the Presumption of Innocence?

A

The presumption that a person charged with a crime is innocent until proved guilty.

134
Q

What are Presumptive Sentences?

A

A required structured sentencing system providing a single recommended prison term within a wider statutory sentence range for each felony offense.

135
Q

What is Pretrial Diversion?

A

An alternative to prosecution that seeks to divert certain offenders from traditional criminal justice processing.

136
Q

What is Prison?

A

A state of confinement or captivity for lawbreakers; more than one year.

137
Q

What does Pro Se mean?

A

Acting as one’s own attorney in court; representing oneself.

138
Q

What is Probable Cause?

A

Standard used to determine whether a crime has been committed and whether there is sufficient evidence to believe a specific individual committed it.

139
Q

What is Probation?

A

Punishment for a crime that allows the offender to remain in the community without incarceration but subject to certain conditions.

140
Q

What is Procedural Law?

A

Law that outlines the legal processes to be followed in starting, conducting, and finishing a lawsuit.

141
Q

What is a Public Defender?

A

An attorney employed by the government to represent indigent defendants.

142
Q

What is Real Evidence?

A

Tangible objects and items (weapons, clothes, etc.).

143
Q

What is Reasonable Doubt?

A

The state of mind of jurors when they are not firmly convinced of a defendant’s guilt.

144
Q

What is Rebuttal?

A

The introduction of contradictory evidence.

145
Q

What is Rehabilitation?

A

The notion that punishment is intended to restore offenders to a constructive role in society.

146
Q

What is Restitution?

A

To restore or to make good on something—for example, to return or pay for a stolen item.

147
Q

What is Restoration?

A

A philosophy of justice positing that the principal aim of the criminal justice system should be to repair harms caused by crime.

148
Q

What is Retribution?

A

A concept implying the payment of a debt to society and the expiation of one’s offense.

149
Q

What is the Roberts Court?

A

The Supreme Court under the leadership of Chief Justice John Roberts (2005–).

150
Q

What is the Rule of Four?

A

The rule that four of the nine justices on the U.S. Supreme Court must vote in favor of granting a petition for a writ of certiorari.

151
Q

What are the Rules of Evidence?

A

Rules that govern whether, when, how, and for what purposes certain forms of proof may be placed before the trier-of-fact.

152
Q

What is Scientific Evidence?

A

Results of forensic investigatory or scientific technologies.

153
Q

What is Scientific Jury Selection?

A

The use of social scientific techniques to select jurors likely to be favorably disposed to one’s side of a case.

154
Q

What is a Search Warrant?

A

A written order directing a law enforcement officer to search for personal property.

155
Q

What is Self Defense?

A

The right to use physical force against another person committing a felony or threatening physical force.

156
Q

What is Self-Incrimination?

A

Forcing a suspect to provide evidence against themselves; prohibited by the Fifth Amendment.

157
Q

What is Sentencing Bargaining?

A

The defendant pleads guilty knowing the sentence that will be imposed is less than the maximum.

158
Q

What does Sequester mean?

A

To isolate members of a jury from the community until they reach a final verdict.

159
Q

What are Specialty Courts?

A

Problem-solving court strategies designed to address the root causes of criminal activity.

160
Q

What is Specific Deterrence?

A

The notion that the experience of criminal punishment should deter an offender from future criminal acts.

161
Q

What does Stare decisis mean?

A

Latin phrase meaning ‘let the decision stand.’ The doctrine that principles of law established in earlier decisions should be accepted as authoritative.

162
Q

What is a Status Offense?

A

Behavior considered an offense only when committed by a juvenile, such as running away from home.

163
Q

What are Statutes?

A

Written laws enacted by a legislature.

164
Q

What are Straight up pleas?

A

A plea entered without a plea agreement (aka open plea).

165
Q

What is Structured Sentencing?

A

Sentencing schemes that seek to curtail judicial discretion by classifying offenders based on the severity of the crime and their prior record.

166
Q

What is Substantive Law?

A

Law that deals with the content or substance of the law, such as the legal grounds for divorce.

167
Q

What are Suppression Motions?

A

Requests that a court prohibit specific statements, documents, or objects from being introduced into evidence.

168
Q

What does Tabula Rasa mean?

A

The idea that jurors cannot consider factors that were not introduced at trial.

169
Q

What are Three Strike Laws?

A

Statutes that mandate increased sentences for repeat offenders, often requiring a mandatory sentence of 20 years or more for a third qualifying felony.

170
Q

What is a Trial Court of Limited Jurisdiction?

A

A lower-level state court whose jurisdiction is limited to minor civil disputes or misdemeanors.

171
Q

What is a Trial de novo?

A

A new trial at a higher level of court.

172
Q

What is a Trial Court?

A

Judicial body with primarily original jurisdiction in civil or criminal cases.

173
Q

What is a True Bill?

A

A bill of indictment by a grand jury.

174
Q

What is Truth in Sentencing?

A

Laws that require offenders to serve a substantial portion of their prison terms before release.

175
Q

What is UCR?

A

Uniform Crime Report; a program for reliable, uniform crime statistics for the nation.

176
Q

What is the US Court of Appeals?

A

Intermediate appellate courts in the federal judicial system.

177
Q

What is the US Supreme Court?

A

The nation’s highest court, composed of nine justices nominated by the president.

178
Q

What is Venire?

A

Randomly selected group for jury trial or selecting the jury pool from a master list.

179
Q

What is Venue?

A

The geographic location of a trial, determined by constitutional or statutory provisions.

180
Q

What does Voir Dire mean?

A

Latin for ‘speak the truth’; the process by which prospective jurors are questioned.

181
Q

What is the Warren Court?

A

The Supreme Court under the leadership of Chief Justice Earl Warren (1953–1969).

182
Q

What is a Writ of certiorari?

A

Order issued by an appellate court for obtaining the record of proceedings from a lower court.

Court Systems and Practices (1 decks)

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