Week 9, 10 Flashcards
Intro to criminal justice
In our court system
Adversary system
Public Prosecutors
Trial lawyers that conduct cases in the government name and on behalf of the people.
Power of Prosecutor
An elected position
Attorney General
is the Prosecutor at the state and federal levels.
Act
Any act beyond meer preparation
Attempt
Defense Attorneys
Lawyers representing defendants
Public Defender
Court-appointed attorney paid for by the state for defendants who cannot afford an attorney.
U.S. Supreme Court set a standard for inadequate defense counsel - what amendment covers this?
6th Amendment
Go through 1-6 amendments
Bail
8th Amendment
Preliminary hearing
Occurs Defendant appears before a judge who determines if there is probable cause to proceed with a trial to determine sufficiency of evidence.
Most cases don’t go to trial
Trial is expensive
Discovery
Process where each side can evaluate the evidence the other side is going to present as evidence.
How many cases are dismissed?
About half of all felony cases brought to the prosecutor are dismissed.
Arraignment
court proceeding in which the suspect is formally charged with the criminal offense stated in the indictment
At the arraignment, the defendant enters a plea. Guilty or not guilty.
On any murder case you have to figure out ____.
Proximate cause
What does a civil trial have?
plaintiff and defendant
Sixth Amendment
The accused has the right to: Speedy public trial, impartial jury of peers.
Gideon v. Wainright is the case precedent.
This case held there must be adequate representation during the critical stages of the proceedings.
American criminal justice system utilizes a _______.
Twelve-person jury
A jury that is not unanimous is called a ______.
Hung jury
What word is used in the court the most?
Reasonable
Prejudicing the Jury
Presumption of Innocence
Unique too the American criminal justice system, a defendant is innocent until proven guilty.
Voir dire
Process to select a jury for a specific case.
Challenge for cause
legally justifiable reason why a juror is unfit to serve on the jury.
Peremptory challenge
juror is excused from the jury for subjective reasons by the prosecution or defense; usually limited to a certain number by the court.
Prejudicial evidence
Evidence that tends to mislead the jury or cause an emotional bias.
What is the prosecution case procedure?
Direct examination
Cross examination
Direct examination
The questioning of a witness by the attorney who called the witness to the stand.
Cross-examination
Questioning of a witness by the opposing attorney to determine truth and veracity.
Duty
Obligation to perform.
Breach
Failure to perform the duty.
Causation
Where a party is the proximate cause of the death.
Death
What is the burden of proof?
Beyond a reasonable doubt
When is “Adequate Representation” applied?
In the critical stages of the proceedings
Basic rationale for sentencing criminals
Retribution
Deterrence
Incarceration
Rehabilitation
Desserts
Holds that the severity of the punishment should be proportionate to the severity of the crime.
Mitigated
To reduce
What are the Four R’s of sentencing & punishment?
Rehabilitation
Restorative Justice
Restitution
Retribution
Mitigating circumstances are ____.
those which would persuade the judge to impose a lighter sentence on the defendant.
What is the 1984 Sentencing Reform Act?
Created strict guidelines for sentencing.
What is Victim Impact Statement (VIS)?
Statement from the victim to the sentencing body about how the crime affected them Balancing the process in death penalty case, the defendant can present character witnesses, and the victim can address the jury.
Habeas Corpus
