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54 Cards in this Set

  • Front
  • Back

What are the duel courts?

State & Federal.

What are the 3 components of the Federal court system?

1. U.S District Courts.


2. U.S Courts of Appeal.


3. U.S Supreme Court.

What are the U.S District Courts?

Trial courts of the federal court system.

What are the U.S Courts of Appeal?

Courts that hear appeals from the district courts located within its circuit, as well as appeals from decisions of federal administrative agencies.



What is the U.S Supreme Court?

Court located in Washington D.C consisting of 9 justices, that holds a great authority in its capacity for judicial review. (Usually a last resort)

What is prosecutoral discretion?

Authority to accept or decline a case at state, federal, and local levels.

What is jurisdiction?

The territory, subject matter, or people over which a court or the justice agency may exercise lawful authority, as determined by statute or constitution.



What is original jurisdiction?

The lawful authority of a court to hear or act on a case from its beginning and to pass judgement on the law and the facts.

What is appellate jurisdiction?

The lawful authority of a court to review a decision made by a lower court.

What are dispute resolution centers?

An informal hearing place designed to mediated interpersonal disputes without resorting to the more formal arrangements of a criminal trial court.

What is a specialized court?

A low-level court that focuses on relatively minor offenses and handles special populations or addresses special issues such as reentry.

What is a writ of certiorari?

Writ issued to a lower court when the supreme court agrees to hear a case.

Who is all in a courtroom work group?

Judge, prosecution, defense counsel, bailiff, clerk of court, court reporter, and expert witness.

What are the responsibilities of a judge?

Ruling on most matters of the law, weighing objections, deciding the admissibility of evidence, sentencing offenders, disciplining disorderly courtroom attendees, and deciding guilt or innocence.



What is the role of the prosecutor?

To represent people of the state.

What are the responsibilities of the quasi legal advisers to the police?

To supervise staff of assistant district attorneys, file appeals on behalf of the state, and make presentations to parole boards.

What is exculpatory evidence?

Any evidence having a tendency to clear a person of guilt or blame.

What are the responsibilities of the defendant?

Either choices in selecting and retaining counsel, or planning a defense strategy with counsel.

What is the role of the defense counsel?

To conduct a legal defense of a person accused of a crime and represent them before the court of law.

What are the duties of the bailiff?

To keep order in the courtroom and maintain physical custody of the jury.

What is a lay witness?

Any eyewitness, character witness, or other person called on to testify who is not considered an expert.

What is trial de novo?

"New trial" which is applied to cases that are retried on appeal.

What is the victims' assistance program?

An organized program that offers services to victims of a crime in the areas of crisis intervention and follow-up counseling.

What is a subpoena?

A written order issued by a judicial officer or grand jury requiring an individual to appear in court.

The federal court system is based off off___________.

Article III of the U.S Constitution.

What are the pretrial activities?

First appearance, recognizance release, preliminary hearing, and arraignment.

The two purposes of bail are to...`

Help ensure reappearance, and prevent the unconvinced person from suffering imprisonment.

What is the purpose of a preliminary hearing?

To determine probable cause.

What does the arraignment do?

Allows the defendant to enter a plea.



What are the three pleas? Which is the most common?

1. Guilty.


2. Not guilty.


3. Nolo contendere (most common.)

What is the purpose of a grand jury?

To hear evidence presented by the prosecution and eliminate cases where there is not sufficient evidence for further processing.



What is a conditional release?

The release by executive decision of a prisoner from a federal or state correctional facility who has not served his/her full sentence and whose freedom is contingent on obeying specified rules of behavior.

What is a bail bond?

A document guaranteeing the appearance of a defendant in court as required and recording the pledge of money or property to be aid to the court even if they don't appear.

What are the alternatives to bail?

Release on recognizance*, property bonds, deposit bail, conditional release*, third-party custody, unsecured bonds, and signature bonds.

Who holds the ultimate discretion to hold defendants who may pose a danger?

Judges.

What is plea bargaining?

Negotiating on an agreement among the defendant, prosecutor, and court as to an appropriate plea and associated sentence.



90% of cases end in this.

Plea bargaining.

The purpose of a criminal trial is to...

Determine guilt or innocence.

Factual guilt is the__________, and legal guilt is __________.

Facts of the case; what can be proven.

The court system is ___________ in nature.

Adversarial.

What happens within the trial process?

Trial initiation, motion, jury selection, opening statements, presentation of evidence, closing arguments, jury deliberation, and verdict.

What is an opening statement?

The initial statement of the prosecutor.

What is a verdict?

The decision of the jury in a jury trial or of a judicial officer in a nonjury trial.

What are the challenges with jury selection?

To the array, for cause, and peremptory.

Who gives testimony?

Expert and lay witnesses.



Hearsay testimony is also known as...

Third party testimony.

What is perjury?

Lying under oath.

What are closing arguments?

Presentations made by both the defense and prosecution to a judge or jury to persuade them to draw a conclusion.

A verdict is ...



Decision.

The process of trying to come to a consensus is known as a...

Deliberation.

What do court watch citizen groups do?

Monitory the trial court level and report on problems.

What does nolo contendere mean?

No contest.

What are the rules of evidence?

Court rules that govern the admissibility of evidence at criminal hearings and trials.

What is real evidence?

Evidence that consists of physical material or traces of physical activity.