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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

Bail/bond

Legal agreement or promise that requires court appearance of criminal defendant

Bonds person

Professional social service provider sho works closely with cj system

Bounty hunter

Rougish, quasi- official person who tracks down bail absconders and returns them to jail

Integrates automated fingerprint identification

AFIS and NCIC (National Crime info center). 74 million criminal histories

Points of determination

Recidivism


Flight risk


Danger risk

Bond amounts set by legislature

Yes

Jail

Local correction facility operated by county sheriffs. Up to 2 years in jail

% of jail inmates with record

70%

% of jail inmates that have served prison terms

40%

Of 100 felony arrests...

70 brought to D.A. AND 30 files in Juvenile court

Of adult cases

20 rejected AND 50 accepted for prosecution

Of 50

10 dismissed AND 40 are plea arguments

In 1970 index crime was 1% and today it is.....

2.6%

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

Fewer than 1% of all felony arrests are dropped on the 4th ammendment "technicalities"

TRUE

True or false?



Most plea bargains/cases involve clearly guilty defendants who have no defense and simply wish to expedite process

TRUE

The defense

The defense counsel has no obligation to ascertain or present the truth

Powell vs Alabama (1932)

Legal guarantee of counsel for defendants facing of capital charges

Johnson vs Zerbst (1938)

Indigent defendants receive help for counsel for all federal cases

Gideon vs Wainwright (1963)

Right to counsel courts for all indigent defendants charged with felony

Argesinger vs Hamlin (1972)

Adequate legal representation is needed for anyone facing prison

In re gault (1967)

Right of appointed counsel applied to juveniles charged with delinquent acts

Jurisdiction

The territory over which courts have authorization to exercise law

Limited jurisdiction

Municipal violations, no rights to an attorney, simple trials, expedited justice

Appeal

Request by court with appellate jurisdiction to review the judgement, decision, or order of lower court

Judicial review

Power of a court to review

Writ of certiorari

Ordering a lower court to send the records of a case for review

First/initial appearance

Defendants are brought before a judge, notified of charges, and advised of rights/ bail.

Preliminary hearing

Prosecution determines whether it will formally pursue the charges filed at 1st appearance or noted on arrest report

Arraignment

1st appearance after grand jury has formally indicted a defendant or a DA has filed charges.

Plea bargaining

Negotiation between defendant, defense counsel, prosecutor, and judge to arrive at solution that satisfies all parties

Voir dire

Process of jury selection of jurors from citizenry

Peremptory challenge

Removing unwanted jurors without needing to provide justification

Challenge for cause

Removing jurors for stated reasons

Trial initiation Act

1974 speedy trial act ordered cases to be brought within 2 months of arrest

Allen vs U.S. (1896)

Hung jury. Judge may "advise" jury to arrive at a conclusion

Professional jury system

Ensure dependability, knowledge, and equity in judicial outcomes

Discovery

Defense asks for the persecutions evidence that will be presented at trial

Retribution

Act of vengeance toward criminal as revenge for his wrongdoing

Incapacitation

Removing offenders from society to preclude their ability to commit more crime

Deterrence

Punishment to send a rational message to future criminals to not offend

Rehabilitation

Seeks to restore the offender to conventionality by treating her criminality

Restoration

Servicing the needs of the victims crime by building a coalition between offender, victim, and community