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78 Cards in this Set

  • Front
  • Back

Nolle Prosequi

An entry made by a prosecutor, indicating that the chargers specified will not be prosecuted

Nonpartisan Election

An election where candidates party's are not listed on the ballot

adversarial process

court process in which lawyers on each side represent their clients best interests by presenting evidence and formulating arguments as a mean to discover the truth and protect the rights of the defendants

trial courts of limited jurisdiction

Criminal courts with trial jurisdiction over misdemeanor cases and preliminary matters in felony cases. Sometimes holds felony trials for cases that may result in penalties below a specific limit

counts

Each separate offense of which a person is accused in an indictment

inquisitorial process

Court process in which judge takes an active role in investigating the case and examining evidence

merit selection

A reform plan by which judges are nominated by a committee and appointed by the governor for a given period

Prosecuting attorneys

A legal representative of the state with sole responsibility for bringing criminal charges. also referred to as district attorney states attorney, commonwealth attorney and county attorney

Jurisdiction

the geographic territory or legal boundaries within which control may be exercised : the rang of courts authority



public defender

an attorney employed on a full time salary basis by a public or private non profit organization to represent indigents

State attorney general

Chief legal officer of a state, responsible for both criminal and civil matters

problem solving courts

lower level courts designated to addressing particular social problems or troubled populations. EX. drug courts domestic violence courts and mental health courts

contract council

An attorney in private practice who contracts with the government to represent all indigent defendants in a county during a set period of time and for a specified dollar amount

united states attorney

officials responsible for the prosecution of crimes that violate the laws of the United States. Appointed by the president and assigned to a U.S. district court jurisdiction

discovery

a prosecutors pretrial disclosure to the defense of facts and evidence to be introduced in trial

local legal culture

norms shared by members of a court community as to how cases should be handled and how a participant should behave in the judicial process

partisan election

an election in which candidates openly affiliated with political parties are presented to voters for selection

assigned council

an attorney in a private practice assigned by a court to represent and indigent

continuances

an adjournment of a scheduled case to a later date

work groups

a collection of individuals who interact in the work place on a continuing basis, share goals, develop norms regarding how activities should be carried out, and eventually establish a network of roles, all of which differentiate the group from others and facilitate cooperation.

going rate

local officials shared view of the appropriate sentence for the offense

accusatory process

the series of events from the arrest of a suspect to the filing of a formal charge with the court

appellate courts

courts that do not try criminal cases but hear appeals of decisions of lower courts

defense attorney

the lawyer who represents accused offenders, and convicted offenders in their dealings with criminal justice

trial courts of general jurisdiction

criminal courts with jurisdiction over all offenses, including felonies. in some states these courts also hear appeals

Santobello vs New York 1971

When a guilty plea rests on the promise of the prosecutor, the promise must be fulfilled

Boykin vs Alabama 1969

before a judge can expect a plea of guilty, defendants must state they are making the plea voluntarily

Circumstantial evidence

evidence provided by a witness from which a jury must infer a fact

Direct evidence

Eye witness accounts

percentage bail

Defendants may deposit a percentage of the bail. If they do not appear to court the full amount is required

Bench Trials

Trials conducted by a judge who acts as the fact finder. No jury participates

motions

An application to a court requesting that an order be issued to bring about a specific action

preventive detention

holding a defedant for trial because if let free could be harmful to of any person or the world

reasonable doubt

the standard used by a jury to decide if the prosecution has provided enough evidence for conviction

Bordenkircher vs Hayes 1978

a defendents rights were not violated by a prosecutor who warned that refusing to enter a guilty plea would result in a harsher sentence.

habeas corpus

a writ or judicial order requesting the release of a person being detained

Williams vs Florida 1970

Juries of fewer than 12 members are constitutional

Missouri vs Frye 2012

Criminal Defendants sixth amendment right to council

North Carolina vs Alford 1970

A plea of guilty by a defendant who maintains his or her innocence may be accepted for purpose of a lesser sentence

Demonstrative evidence

evidence that is not based on witness testimony but demonstrates information relative to the crime

voir dire

a questioning of prospective jurors to screen out people the attorneys think might be be biased

arraignment

the court appearance of an accused person in which the charges are read and the accused pleas guilty or not guilty

jury

a panel of citizens selected according to law and sworn to determine matters of fact in a criminal case and to determine guilty or not guilty

citation

a written order or summons, issued by a law enforcement officer directing an alleged offender to appear in court at a specific time or date to answer a a criminal charge

peremptory challenges

removal of a prospective juror without giving a reason. Attorneys are allowed a limited number of these

Rickett vs Adamson 1987

defendants must uphold the plea agreement or suffer the consequences

United States vs Salenro and Cafero

preventive detention provisions of the Bail Reform Act of 1984 are upheld as a legitimate use of government power designed to prevent people from committing crimes while on bail.

Santabello vs New York

When a guilty plea rests on a promise of a prosecutor the promise must be fulfilled

Real Evidence

Physical Evidence -guns fingerprints etc

testimony

oral evidence provided by a legally competent witness

Challenged for Cause

removal of a prospective juror by showing he or she has bias, or legal disability

release on recognize

pretrial release granted on the defendants promise to appear in court because the judge believes that the defendants ties to the community guarantee that they will appear

bail

an amount of money specified by the judge, to be paid as a condition of pretrial release to ensure that the accused will appear in court

appeal

a request to a higher court that it review actions taken in a trial court

good time

a reduction of an inmates, for good behavior, or participating in educational, vocational or treatment programs

presumptive sentence

a sentence for which the legislature or a commission sets a minimum and maximum range of months or years. Judges are to fix the length of the sentence within that range, allowing for special circumstances.

Mcklesky vs Kemp 1987

the supreme court rejects a challenge of Georgia's Death penalty

Rehabilitation

the goal of restoring a convicted offender to a constructive place in society through some for of vocational or educational training or therapy

Retribution

punishment inflicted on a person who has harmed others and so deserves to be penalized

roper vs simmons 2005

execution of offenders for crimes commited while under the age of 18 is unconstitutional

gregg vs Georgia 1976

death penalty laws or constiutional if they require the judge and jury to consider certain mitigating and aggravating circumstances in deciding which convicted murderers should be sentenced to death. Proceedings must also be divided into a trial phase and a punishment phase, and there must be opportunities for appeal

atkins vs Virginia 2002

execution of developmentally disabled offenders is unconstitutional

furmann vs Georgia 1972

the death penalty as administered, constitutes cruel and unusual punishment

mandatory sentences

a sentence determined by statues and requiring that a certain penalty be imposed and carried out for convicted offenders who meet certain criteria.

sentencing guide lines

a mechanism used to indicate to judges the expected sanction for certain offenses in order to decrease disparities in sentencing

selective incapacitation

making the best use of expensive and limited prison space by targeting for incarceration those who incapacity will do most to reduce crime in society

determinate sentences

a sentence that fixes the term of imprisonment at a specific period

witherspoon vs ilionios 1968

potential jurors who object to death penalty cannot be excluded from service

interdeterminate sentences

a period set by a judge that specifies a maximum and minimum sentencing

general deterrence

punishment of criminals that is intended to be an example to general public and to discourage the commission of offense

incapacitation

depriving an offender of the ability to commit crimes against society

earned time

reduction in a prisoners sentence as a reward for participation in educational or other rehabilitation programs

specific detterence

punishment inflicted on criminal to discourage them from committing future crimes

shock probation

a sentence in which the defender is released after a short incarceration and re-sentenced to probation

restorative justice

punishment designed to repair the damage done to the victim and community by an offenders criminal act

presentence report

report prepared by a probation officer that presents a convicted offenders background and is used by the judge in selecting an appropriate sentence

intermediate sanctions

a variety of punishments that are more restrictive than traditional probation but less serve and less costly than incarceration

probation

a sentence that the offender is allowed to serve under supervision in the community