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44 Cards in this Set
- Front
- Back
6th amendment |
1. Right to speedy trial 2. Impartial jury 3. Be informed of nature 4. Confront opposing witness 5. Obtain favorable witness 6. Counsel |
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Bail/bond |
Legal agreement or promise that requires court appearance of criminal defendant |
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Bonds person |
Professional social service provider sho works closely with cj system |
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Bounty hunter |
Rougish, quasi- official person who tracks down bail absconders and returns them to jail |
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Integrates automated fingerprint identification |
AFIS and NCIC (National Crime info center). 74 million criminal histories |
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Points of determination |
Recidivism Flight risk Danger risk |
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Bond amounts set by legislature |
Yes |
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Jail |
Local correction facility operated by county sheriffs. Up to 2 years in jail |
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% of jail inmates with record |
70% |
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% of jail inmates that have served prison terms |
40% |
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Of 100 felony arrests... |
70 brought to D.A. AND 30 files in Juvenile court |
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Of adult cases |
20 rejected AND 50 accepted for prosecution |
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Of 50 |
10 dismissed AND 40 are plea arguments |
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In 1970 index crime was 1% and today it is..... |
2.6% |
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Roles of prosecution |
1. Convict guilty 2. Protect civil liberties of def 3. Protect public 4. Conduct investigation beyond police 5. Make bond and sentencing recommendations |
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Fewer than 1% of all felony arrests are dropped on the 4th ammendment "technicalities" |
TRUE |
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True or false? Most plea bargains/cases involve clearly guilty defendants who have no defense and simply wish to expedite process |
TRUE |
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The defense |
The defense counsel has no obligation to ascertain or present the truth |
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Powell vs Alabama (1932) |
Legal guarantee of counsel for defendants facing of capital charges |
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Johnson vs Zerbst (1938) |
Indigent defendants receive help for counsel for all federal cases |
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Gideon vs Wainwright (1963) |
Right to counsel courts for all indigent defendants charged with felony |
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Argesinger vs Hamlin (1972) |
Adequate legal representation is needed for anyone facing prison |
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In re gault (1967) |
Right of appointed counsel applied to juveniles charged with delinquent acts |
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Jurisdiction |
The territory over which courts have authorization to exercise law |
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Limited jurisdiction |
Municipal violations, no rights to an attorney, simple trials, expedited justice |
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Appeal |
Request by court with appellate jurisdiction to review the judgement, decision, or order of lower court |
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Judicial review |
Power of a court to review |
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Writ of certiorari |
Ordering a lower court to send the records of a case for review |
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First/initial appearance |
Defendants are brought before a judge, notified of charges, and advised of rights/ bail. |
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Preliminary hearing |
Prosecution determines whether it will formally pursue the charges filed at 1st appearance or noted on arrest report |
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Arraignment |
1st appearance after grand jury has formally indicted a defendant or a DA has filed charges. |
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Plea bargaining |
Negotiation between defendant, defense counsel, prosecutor, and judge to arrive at solution that satisfies all parties |
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Voir dire |
Process of jury selection of jurors from citizenry |
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Peremptory challenge |
Removing unwanted jurors without needing to provide justification |
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Challenge for cause |
Removing jurors for stated reasons |
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Trial initiation Act |
1974 speedy trial act ordered cases to be brought within 2 months of arrest |
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Allen vs U.S. (1896) |
Hung jury. Judge may "advise" jury to arrive at a conclusion |
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Professional jury system |
Ensure dependability, knowledge, and equity in judicial outcomes |
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Discovery |
Defense asks for the persecutions evidence that will be presented at trial |
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Retribution |
Act of vengeance toward criminal as revenge for his wrongdoing |
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Incapacitation |
Removing offenders from society to preclude their ability to commit more crime |
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Deterrence |
Punishment to send a rational message to future criminals to not offend |
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Rehabilitation |
Seeks to restore the offender to conventionality by treating her criminality |
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Restoration |
Servicing the needs of the victims crime by building a coalition between offender, victim, and community |