Chapter 12: Flashcards

Front 1

adjudication

Back 1

The formal process for resolving legal disputes in courts of law. (Chapter 12)

Front 2

appeal

Back 2

In criminal cases, the defendant has the right to file an appeal requesting that an appellate court review the decision made by a lower court. Appeals may be filed after a sentence has been imposed and final judgment entered in a case and primarily focus on substantive due process and procedural justice rather than on factual issues of guilt or innocence. (Chapter 12)

Front 3

arraignment

Back 3

A judicial proceeding at which a person accused of a crime is formally advised of the charges by the reading of the charging document in open court, advised of his or her rights, and asked to enter a plea (e.g., guilty, not guilty, nolo contendere) to the charges. (Chapters 1, 12)

Front 4

bench trial

Back 4

A trial in which the judge, rather than the jury, acts as finder of fact (e.g., determining guilt or innocence). Bench trials may occur for some misdemeanors for which trials by jury are not available or when a defendant waives his or her right to a trial by jury. Compare to trial by jury. (Chapters 1, 8, 12)

Front 5

beyond a reasonable doubt

Back 5

The burden of proof necessary to find a defendant guilty of a crime, whether in a trial by jury or a bench trial. Although a higher standard than probable cause but a lower standard that absolute certainty, there is no precise way to quantify how much proof it takes to reach the standard of beyond a reasonable doubt. (Chapter 12)

Front 6

courtroom workgroup

Back 6

The working relationship that develops among court employees, including judges, prosecutors, defense attorneys, and others. (Chapter 12)

Front 7

defense attorneys

Back 7

Lawyers who represent persons accused of a crime. Defense attorneys may be private attorneys hired by accused persons who can afford to do so, private attorneys appointed by the court to represent indigent persons, or state employees whose full-time job is to represent indigent persons. (Chapter 12)

Front 8

determinate sentencing

Back 8

A method of sentencing that limits judges’ discretion by requiring specific sentences for a particular crimes (as in a mandatory sentence) or by providing sentencing guidelines that use numerical scales and tables to arrive at the recommended sentence for a particular case. Compare toindeterminate sentencing. (Chapter 12

Front 9

discovery

Back 9

The process by which the parties (defense and prosecution) to a criminal case exchange relevant information about that case. The purpose of discovery is to prevent unfair surprises at trial. (Chapter 12)

Front 10

evidence

Back 10

Anything that helps prove or disprove a fact. May include physical evidence, sworn testimony, scientific evidence, or demonstrative evidence. (Chapter 12)

Front 11

felony

Back 11

The most serious crimes, which may be punished by a sentence to a year or more in prison and/or a substantial fine. Compare to misdemeanors and infractions. (Chapter 12)

Front 12

geographic jurisdiction

Back 12

A type of jurisdiction based on location, in which a court is empowered to hear cases that originated within the geographic area (whether county, district, or other geographic unit) over which that court has authority. (Chapter 12)

Front 13

grand jury

Back 13

A group of citizens impaneled to hear evidence presented by a prosecuting attorney with the purpose of determining whether sufficient evidence (probable cause) exists to bring to trial a person accused of committing a crime. If such evidence is found, the grand jury issues an indictment. Failure to find such evidence results in dismissal of a case. (Chapters 1, 8, 12)

Front 14

habeas corpus

Back 14

n a legal context, a writ of habeas corpus is a court order directed at someone who has custody of a person ordering the release of that person because his or her incarceration was achieved through unlawful processes. This provides the mechanism by which unlawful incarcerations may be challenged. (Chapters 8, 12)

Front 15

hierarchical jurisdiction

Back 15

The organization of state and federal court systems in which a case begins in a court of original jurisdiction where factual determinations are made. These decisions may be appealed to a court of appellate jurisdiction, which reviews the proceedings of the court of original jurisdiction to ensure that laws and procedures were properly applied. (Chapter 12)

Front 16

indeterminate sentencing

Back 16

A method of sentencing in which a statute sets a broad range of permissible sentences for an offense (usually a minimum and a maximum) and leaves it to the sentencing judge to impose whatever sentence he or she feels is fair, given the particular facts of a case. Compare to determinate sentencing. (Chapter 12)

Front 17

indictment

Back 17

A written statement issued by a grand jury to indicate that sufficient evidence (probable cause) exists to bring to trial a person accused of a crime. Also known as a true bill, the indictment indicates the specific offense with which the accused is charged, including a description of the facts and circumstances surrounding the crime that led the grand jury to find probable cause. (Chapters 1, 8, 12)

Front 18

information

Back 18

A formal, written document accusing a person of a crime. The document is prepared by the prosecuting attorney and submitted to a judge for his or her consideration at a preliminary hearing. (Chapters 1, 12)

Front 19

initial appearance

Back 19

When a judge or magistrate informs an accused person of the charges against him or her, the possible penalties, and the right to retain counsel or have an attorney appointed if indigent. A decision may also be made about whether to grant bail. The initial appearance is to occur within 48 hours of a person’s arrest. (Chapters 1, 12)

Front 20

judges

Back 20

Those who preside over state and federal courts. The primary role of the judge is to enforce the rules of criminal procedure and criminal evidence. (Chapter 12)

Front 21

jurisdiction

Back 21

The authority given to a court to hear and adjudicate a particular dispute. There are multiple forms of jurisdiction, including hierarchical, subject matter, and geographic. (Chapter 12)

Front 22

misdemeanor

Back 22

Less serious offenses that may be punished by a sentence of less than a year in jail and/or a small to moderate fine. Compare to felony and infraction. (Chapter 12)

Front 23

motion

Back 23

A formal request asking the court to make a specific ruling on an issue or question. Motions may address any number of substantive or procedural issues, but the most significant is a motion to suppress evidence that was gathered in violation of a defendant’s constitutional rights. (Chapter 12)

Front 24

plea bargaining

Back 24

The process by which a defendant agrees to plead guilty in exchange for some consideration from the government, such as a lower charge, fewer counts, or a reduced sentence. Approximately 95% of felony cases are resolved by plea bargaining. (Chapter 12)

Front 25

preliminary hearing

Back 25

A hearing held in front of a judge to determine whether or not there is probable cause to believe that a person committed the crime of which he or she stands accused. If probable cause is found, the judge binds over the defendant for trial. If probable cause is not found, the case may be dismissed. (Chapters 1, 8, 12)

Front 26

presumption of innocence

Back 26

resumes that all criminal defendants are innocent until their guilt has been proven beyond a reasonable doubt. This is a presumption that the jury (or judge in a bench trial) is required to make at a criminal trial. (Chapter 12)

Front 27

prosecutors

Back 27

Government officials who are responsible for prosecuting (charging and bringing to trial) violations of criminal law. Prosecutors are sometimes called the “gatekeepers” of the criminal justice system because of their power to determine who will appear in court and on what charges. (Chapter 12)

Front 28

subject matter jurisdiction

Back 28

A form of jurisdiction based on the subject matter of a case. Courts of limited subject matter jurisdiction hear cases only on certain topics; courts of general subject matter jurisdiction hear all other types of cases. (Chapter 12)

Front 29

summons

Back 29

A court order that directs a recipient to appear in court at a specific time on a specific date. Among other uses, the summons is the mechanism by which potential jurors are compelled to appear in court to participate in the jury selection process. (Chapter 12)

Front 30

venire

Back 30

The group of persons who are summoned to court as potential jurors and who then participate in the voir direprocess for jury selection. (Chapter 12)

Front 31

voir dire

Back 31

A Latin term for the process in which the venire of potential jurors is sworn to tell the truth and then questioned to screen out persons who may not be able to make a fair and impartial decision in the case (this is known as being stricken for cause). Potential jurors can also be excused with peremptory challenges. (Chapter 12)