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90 Cards in this Set
- Front
- Back
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Due Process Function (of the court)
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To protect individuals from the unfair advantages that the government with its immense resources--automatically enjoys in legal battles.
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Crime Control Function (of the court)
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Emphasizes punishment and retribution--criminals must suffer for the harm done to society, and it is the courts' responsibility to see that they do so.
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Rehabilitation Function (of the court)
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Criminals are analogous to patients, and the courts perform the role of physicians who dispense "treatment." The criminal is seen as sick, not evil, and therefore treatment is morally justified.
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Bureaucratic Function (of the court)
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The first 3 functions are secondary to the Bureaucratic function. The court is concerned with speed and efficiency.
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Jurisdiction
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The authority of a court to hear and decide cases within an area of the law or a geographic territory.
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Concurrent Jurisdiction
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When two or more courts have the authority to preside over the same criminal case.
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Extradition
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A state or a nation transfers a fugitive to another legal authority that has a claim on the suspect.
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Trial Courts
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Courts in which most cases usually begin and in which questions of fact are examined. (has original jurisdiction)
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Appellate Courts
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Courts that review decisions made by lower courts, such as trial courts. (appellate jurisdiction)
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Opinion
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Statements by the judges expressing the reasons for the court's decision in a case.
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Dual Court System
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The separate but interrelated court system of the U.S. made up of the courts on the national level and the courts on the state level. (see pg. 279)
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Magistrate
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A public civil officer or official with limited judicial authority within a particular geographic area.
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Specialty Courts
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Lower courts that have jurisdiction over one specific area of criminal activity, such as illegal drugs or domestic violence.
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Federal Court System
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(bottom up) 1) U.S. District Court or trial court, 2) U.S. Court of Appeals, 3) U.S. Supreme Court
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Judicial Review
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The power of the Court to determine whether a law or action by the other branches of government is constitutional.
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Writ of Certiorari
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A request from a higher court asking a lower court for the record of a case. In essence, the request signals the higher court's willingness to review the case.
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Rule of Four
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A rule of the U.S. Supreme Court that the Court will not issue a writ of certiorari unless at least four justices approve of the decision to hear the case.
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Oral Arguments
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The verbal arguments presented in person by attorneys to an appellate court.
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Concurring Opinions
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Separate opinions prepared by judges who support the decision of the majority of the court but who want to make or clarify a particular point or to voice disapproval of the grounds on which the decision was made.
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Dissenting Opinions
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Separate opinions in which judges disagree with the conclusion reached by the majority of the court and expand on their own views about the case.
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Docket
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The list of cases entered on a court's calendar and thus scheduled to be heard by the court.
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Partisan Elections
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Elections in which candidates are affiliated with and receive support from political parties.
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Nonpartisan Elections
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Elections in which candidates are represented on the ballot without any party affiliation.
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Missouri Plan
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A method of selecting judges that combines appointment and election.
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Judicial Misconduct
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A general term describing behavior that diminishes public confidence in the judiciary. This behavior includes obviously illegal acts, such as bribery, and conduct that gives the appearance of impropriety, such as consorting with known felons.
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The Recusal Requirement
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The requirement of judges to recuse, or disqualify, themselves from court proceedings when any sort of prejudice or personal involvement would cloud their judgment.
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Impeach
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To charge a public official with misconduct. As authorized by Article I of the Constitution, the House of Representatives votes on impeachment; if the measure passes, the matter is sent to the Senate for a vote to remove whoever.
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Courtroom Work Group
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The social organization consisting of the judge, prosecutor, defense attorney, and other court workers. Bailiff, clerk of the court, and court reporter are also included.
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Public Prosecutors
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Individuals, acting as trial lawyers, who initiate and conduct cases in the government's name and on behalf of the people.
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Attorney General
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The chief law officer of a state.
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Defense Attorney
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The lawyer representing the defendant.
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Public Defenders
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Court-appointed attorneys who are paid by the state to represent defendants who are unable to hire private counsel.
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Attorney-Client Privilege
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A rule of evidence requiring that communications between a client and his or her attorney be kept confidential, unless the client consents to disclosure.
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Adversary System
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A legal system in which the prosecution and defense are opponents, or adversaries, and present their cases in the light most favorable to themselves. The court arrives at a just solution based on the evidence presented by the contestants and determines who wins and who loses.
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Initial Appearance
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An accused' first appearance before a judge or magistrate following arrest; during the appearance, the defendant is informed of the charges, advised of the right to counsel, told the amount of bail, and given a date for the preliminary hearing.
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Bail
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An amount paid by the defendant to the court and retained by the court until the defendant returns for further proceedings.
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Purpose of Bail
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To protect the community by preventing the defendant from committing another crime before trial.
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Release on Recognizance (ROR)
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A judge's order that releases an accused from jail with the understanding that he or she will return for further proceedings of his or her own will; used instead of setting bail.
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Property Bond
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An alternative to posting bail, in which the defendant gains pretrial release by providing the court with property valued at the bail amount as assurance that he or she will return for trial. (most courts require property valued at double the bail amount)
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Bail Bondsperson
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A businessperson who agrees, for a fee, to pay the bail amount if the accused fails to appear in court as ordered.
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Ten Percent Cash Bail
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An alternative to traditional bail in which defendants may gain pretrial release by posting 10 percent of their bond amount to the court instead of seeking a bail bondsperson.
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Preventative Detention
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The retention of an accused person in custody due to fears that he or she will commit a crime if released before trial.
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Preliminary Hearing
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An initial hearing in which a magistrate decides if there is probable cause to believe that the defendant committed the crime with which he or she is charged and if the case should proceed to trial.
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Discovery
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Formal investigation by each side prior to trial.
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Information
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The formal charge against the accused issued by the prosecutor after a preliminary hearing has found probable cause.
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Grand Jury
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The group of citizens called to decide whether probable cause exists to believe that a suspect committed the crime with which he or she has been charged.
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Indictment
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A charge or written accusation, issued by a grand jury, that probable cause exists to believe that a named person has committed a crime.
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Case Attrition
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The process through which prosecutors, by deciding whether to prosecute each person arrested, effect an overall reduction in the number of persons prosecuted. Persons convicted and sentenced ends up being much smaller than persons arrested.
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Pretrial Motions
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Motions to the court requesting that particular action be taken to protect his or her client.
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Arraignment
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A court proceeding in which the suspect is formally charged with the criminal offense stated in the indictment. The suspect enters a plea (guilty, not guilty, nolo contendere) in response.
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Nolo Contendere
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Latin for "I will not contest it." A criminal defendant's plea, in which he or she chooses not to challenge the charge brought by the government. The plea neither admits or denies guilt.
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Plea Bargaining
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A process by which the accused, represented by the defense counsel, and the prosecutor work out a mutually satisfactory disposition of the case, subject to court approval.
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Overcharging
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Charging the defendant with more counts than may be appropriate.
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Boykin Form
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A form that must be completed by a defendant who pleads guilty; the defendant states that he or she has done so voluntarily and with full comprehension of the consequences.
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Illinois Speedy Trial Act
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States that a defendant must be tried within 120 days of arrest unless both the prosecution and the defense agree otherwise.
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Statues of Limitations
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Legislative time limits that require prosecutors to charge a defendant with a crime within a certain amount of time after the illegal act took place.
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Bench Trial
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A trial conducted without a jury, in which the judge makes the determination of the defendant's guilt or innocence.
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Acquittal
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A declaration following a trial that the individual accused of the crime is innocent in the eyes of the law and thus is absolved from the charges.
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Primary goal of the Jury Selection Process
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To ensure the defendant is judged by members of his or her community--"peers" in the true sense of the word.
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Master Jury List (Jury Pool)
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The list of citizens in a court's district from which a jury can be selected; compiled from voter-registration lists, driver's license lists, and other sources.
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Venire
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Latin for "to come." The group of citizens from which the jury is selected.
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Voir Dire
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The preliminary questions that the trial attorneys ask prospective jurors to determine whether they are biased or have an connection with the defendant or a witness.
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Challenge for Cause
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A voir dire challenge for which an attorney states the reason why a prospective juror should not be included on the jury.
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Peremptory Challenges
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Voir dire challenges to exclude potential jurors from serving on the jury without an supporting reason or cause.
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Batson Reversal
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Equal protection clause that prohibits prosecutors from using peremptory challenges to strike possible jurors on the basis of race.
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Opening Statements
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The attorney's statements to the jury at the beginning of the trial.
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Evidence
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Anything that is used to prove the existence or nonexistence of fact.
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Testimony
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Verbal evidence given by witnesses under oath.
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Real Evidence
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Presented to the court in the form of exhibits, includes an physical items--such as the murder weapon or bloodstained piece of clothing--that affect the case.
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Lay Witness
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A person who is called to testify on factual matters that would be understood by the average citizen.
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Expert Witness
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An individual who has professional training, advanced knowledge, or substantial experience in a specialized area, such as medicine, computer technology, or ballistics.
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Direct Evidence
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Evidence that has been witnessed by the person giving testimony.
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Circumstantial Evidence
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Indirect evidence that , even if believed, does not establish the fact in question but only the degree of likelihood of the fact.
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Relevant Evidence
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Evidence that tends to prove or disprove a fact in question.
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Direct Examination
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The examination of a witness by the attorney who calls the witness to the stand to testify.
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Hearsay
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Any testimony given in court about a statement made by someone else.
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Confrontation Clause
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The part of the sixth amendment that guarantees all defendants the right to confront witnesses testifying against them during the criminal trial.
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Cross-Examination
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The questioning of an opposing witness during trial.
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Motion for a Direct Verdict
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A motion requesting that the court grant judgment in favor of the defense on the ground that the prosecution has not produced sufficient evidence to support the state's claims.
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Rebuttal
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Evidence given to counteract or disprove evidence presented by the opposing party.
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Closing Arguments
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Attorney's summarize their presentations and argue one final time for their respective cases.
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Charge
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The judge's instructions to the jury following the attorney's closing arguments; the charge sets forth the rules of law that the jury must apply in reaching its decision, or verdict.
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Verdict
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A formal decision made by the jury.
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Hung Jury
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A jury whose members are so irreconcilably divided in their opinions that they cannot reach a verdict.
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Allen Charge
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An instruction by a judge to a deadlocked jury with only a few dissenters that asks the jurors in the minority to reconsider the majority opinion.
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Jury Nullification
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When jurors "nullify" the law by acquitting a defendant who may be guilty according to the instruction given to them by the court.
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Appeal
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The process of seeking a higher court's review of a lower court's decision for the purpose of correcting or changing the lower court's judgment or decision.
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Double Jeopardy
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The fifth amendment to the U.S. Constitution prohibits a second prosecution in the same court for the same criminal offense.
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Finality
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The end of the criminal case, meaning that the outcome of the case is no longer susceptible to challenge by the prosecutors or the defendant.
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Habeas Corpus
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An order that requires correctional officials to bring an inmate before a court or a judge and explain why he or she is being held in prison.
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