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91 Cards in this Set
- Front
- Back
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Jurisdiction
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the legal authority to hear a case.
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Adversarial Process
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design of the U.S. legal system. both sides present their versions of the truth against one another.
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Criminal Case
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presentation of evidence, arguments, legal interpretation offered by prosecution and defence. prosecution = state
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Civil Case
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plaintiff vs. accused—utilize evidence, arguments to determine legal ramifications of a situation
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Bench Trial
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judge decides verdict without a jury
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Criminal and Civil cases are both usually decided by a...
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jury
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4 Functions of Courts
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Enforcing the norms of society
Processing disputes within society Making policy Interpreting the law—at an appellate level/Supreme Court |
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State Court Systems- Trial Courts of Limited Jurisdiction
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Criminal courts with trial jurisdiction over misdemeanor cases and preliminary matters in felony cases
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State Court Systems- Trial Courts of General Jurisdiction
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Criminal courts with jurisdiction over all offenses, including felonies. In some states these courts also hear appeals
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State Court Systems- Appellate Courts
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Courts that do not try criminal cases but hear appeals of decisions of lower courts.
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State Court Systems-Courts of Last Resort
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State supreme courts hear the last appeals if it keeps getting appealed in lower courts.
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State criminal trial courts are highly...
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decentralized. They are influenced by local political influences. Operate by state penal code but are staffed by county and municipal staffs.
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Federal Court System- Trial Courts of Limited Jurisdiction
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None exist at federal level.
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Federal Court System- Trial Courts of General Jurisdiction
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U.S. District Courts
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Federal Court System- Intermediate Appellate Courts
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U.S. Circuit Court of Appeals
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Federal Court System- Courts of Last Resort
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U.S. Supreme Court handles appeals from State Supreme Courts and federal appellate courts
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3 Key Roles of Judges
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Adjudicator (court referee)
Negotiator Administrator |
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6 Methods to Select State Trial Judges
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Gubernatorial appointment
Legislative selection Nonpartisan elections Partisan elections Merit selection (nominated by commission, approved by Governor, then voters decide if they stay at the end of their term) Mix of any 2 of these is the final method. |
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Most powerful actor of the system?
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Prosecutors. They decide to pursue charges, decide plea bargains, can negotiate in private, and are involved at all levels of process.
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Prosecuting Attorney
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A legal representative of the state with sole responsibility for bringing criminal charges. In some states this person is referred to as the district attorney, state’s attorney, or county attorney
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United States attorneys
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Officials responsible for the prosecution of crimes that violate the laws of the United States. Appointed by the president and assigned to a U.S. district court jurisdiction
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State Attorney General
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Chief legal officer of a state, responsible for both civil and criminal matters, has power to bring in prosecutors for certain cases
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4 Roles of Attorney General
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Trial counsel for police
House counsel for police Representative of the court Elected official |
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Count
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each separate offense that for which a person is accused in an indictment
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Discovery
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disclosure to the defense of the evidence/facts to be introduced during the trial
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nolle prosequi
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An entry, made by a prosecutor on the record of a case and announced in court, indicating that the charges specified will not be prosecuted. In effect, the charges are thereby dismissed.
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2 Duties of Defense Attorneys
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Represents accused in trials
Advises defendant and protects his or her constitutional rights throughout the process |
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Indigent Defendants
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Too poor to afford attorney so the govt. provides one. although an inadequate amount of attorneys has left a lot of people without counsel.
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3 Types of Indigent Attorneys
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Assigned Counsel- from private practice
Contract Counsel- from private practice as well. given contract for a specified time to represent all indigent defendants for set price. Public Defender- employed full time to just rep. indigent defendants |
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Goal of Pre Trial Process
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force prosecutors and judges to review the available evidence and dismiss unnecessary charges against people who should not face trial and punishment
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9 Steps of Pre Trial Process
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1- Crime
2- Warrant/Arrest 3- Screening/Filing of Charges 4- Arraignment (plea of guilty or not guilty) 5- Preliminary Hearing/Grand Jury (indictment decision) 6- Motions (An application to a court requesting that an order be issued to bring about a specific action) 7- Pre Trial Detention (can be bailed out) 8- Bail set 9- Citation (served on when to appear for trial) Other option: Release on Reconnaissance (ROR) where judge decides a person is tied to the community so they don't need to pay bail because they'll probably show up. |
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Plea Negotiation
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a) An agreement made between the prosecution and defense where the defendant agrees to plea guilty to a crime in exchange for some type of benefit (usually a lesser sentence)—must be approved by judge to become legally binding
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Plea bargain is misleading because...
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usually one side loses while the other gains. it's rarely a "bargain" for both sides.
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Dependency on plea bargaining
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the system would collapse without plea bargains because of how many cases are decided using them. too many cases to go to trial on all of them.
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7 Criticisms of Plea Bargaining
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1- Defendants give up constitutional rights
2- Reduces society's interest in appropriate punishments for crimes 3- Hidden from judicial scrutiny 4- Breeds disrespect and contempt of the law 5- Unjust for those who want right to trial 6- Innocent people will plead guilty to avoid heavier sentence possibility 7- Public perception of lax justice system isn't true |
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6 Functions of Juries
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1- Prevent government oppression by safeguarding citizens against arbitrary law enforcement
2- Determine whether the accused is guilty on the basis of the evidence presented 3- Represent diverse community interests so that no one set of values or biases dominates decision making 4- Serve as a buffer between the accused and the accuser 5- Promote knowledge about the criminal justice system by learning about it through the jury duty process 6- Symbolize the rule of law and the community foundation that supports the criminal justice system |
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Jury Pool
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all those selected and called to jury duty.
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Voir Dire
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jury selection process done through questioning of potential jurors. Neutral jury is theoretical goal, but each side wants a jury that will like their argument better.
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Two Reasons to Reject Juror
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1- Challenge for cause: juror = biased
2- Peremptory Challenge: each side gets a certain amount of these. can get rid of juror without reason. |
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Batson v. Kentucky, 1986
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Supreme Court ruled that a prosecutor's use of peremptory challenge (the dismissal of jurors without stating a valid cause for doing so) may not be used to exclude jurors based solely on their race. Rule was subsequently extended to other criteria (gender, ethnicity)
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Miller-El v. Dretke, 2005
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Texas death penalty case—SCOTUS clarified the constitutional limitations on the use by prosecutors of peremptory challenges and of the Texas procedure appropriately termed the "jury shuffle." Note the initial murder and trial occurred in 1985.
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8 Steps of a Trial
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1- Jury Selection
2- Opening Statements by Prosecution and Defense 3- Prosecution presents their evidence and witnesses 4- Defense presents their evidence and witnesses 5- Prosecution has option to present rebuttal witnesses 6- Closing arguments by prosecution/defense, with prosecution allowed final rebuttal 7- Instructions for the Jury from the judge 8- Decision by the Jury (Verdict) |
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Defense
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legal response to criminal charge.
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Goal of Defense
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to create reasonable doubt among jurors about evidence and argument made by prosecutors. Prosecutors must prove beyond a reasonable doubt of a crime for the jury to find the defendant guilty.
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2 Categories of Defense
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1- Denial of wrongdoing: denial of some or all parts of charges
2- Affirmative defense: recognition of wrongful act but says they aren't legally responsible because of some mental issue. |
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Types of Affirmative Defenses
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Self-Defense, Entrapment, Necessity, Duress (coercion), Mistake of fact (ignorance), Diminished Capacity (Intoxication), Immaturity, Developmental disability, Insanity (used less often now)
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Appeal
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request that a higher court review actions of trial court, based on a claim that one or more errors of law or procedure were made during the investigation, arrest, or trial process. appeals don't deal with facts of case, just the legal way things were done.
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5 Goals of Punishment
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1- Retribution
2- Deterrence 3- Incapacitation & selective incapacitation 4- Rehabilitation 5- Restorative Justice |
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Retribution
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punishment is inflicted on a person and is deserved; offenders must “pay their debts” because they have harmed others &/or society.
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Deterrence
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Punishment of criminals is intended to be an example to the general public to discourage crime
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Incapacitation
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depriving offender from the ability to commit further crimes, usually though imprisonment
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Rehabilitation
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focuses on the offender, not necessarily the crime with the goal of restoring convicted offenders to constructive social role via training (vocational or educational) or therapy
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Restorative Justice
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i) Crime is a wrong that hurts, and reflects hurt, of victim (mostly), but also community and offender—emphasis on healing and repair, but does not exclude punishment and control.
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Sentencing
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determines the punishment, based on statutes, choices based on government
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5 Influences on Sentencing
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1- BIGGEST one = current law (what the law says the punishment shall be)
2- Prosecutor, probation officer, judge 3- Public opinion/media/politics 4- Severity of crime 5- Prior offenses/criminal history |
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Indeterminate Sentence
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judge sets min. and max. time, after min. there is eligibility for parole—focus is on rehab
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Determinate Sentence
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sentence length mandated by law, reduces judge discretion in attempt to limit disparity in sentencing—shaped by specific state/federal policy. 3 strikes laws mandate certain harsh sentences.
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Pre Sentencing Guidelines
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report developed by judge or probation officer that tells a defendant's history or criminal background to give an idea of how harsh a sentence should be.
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Death Penalty Paradox
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increase in people on death row but fewer executions recently.
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Furman v. Georgia, 1972
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struck down death penalty as it was currently being administered as cruel and unusual punishment
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Gregg v. Georgia, 1976
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overturned the de facto death penalty ban from Furman, led to bifurcated proceedings for death penalty cases (had to hold separate ‘death penalty trial’ if prosecution is seeking death penalty in a case)
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McClesky v. Kemp, 1987
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Court ruled that despite statistical evidence of racial disparity in application of the death penalty, such evidence is insufficient to invalidate defendant's death sentence—effect vs. intent, disparity vs. discrimination
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Wiggens v. Smith, 2003
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court set out guidelines for effective counsel in death penalty cases, penalty could be overturned if counsel violated these standards
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Penitentiary
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an institution intended to punish criminals by isolating them from society and from other another so they can reflect on actions
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Pennsylvania penitentiary system
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isolation/solitary confinement used as a punishment so offenders could reflect on their transgressions and ‘repent’
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New York "silent system"
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prisoners work together in shops during the day under rule of silence, forbidden to even exchange glances during jobs/meals, held in isolation at night
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5 Types of Confinement
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Federal corrections system
State corrections system Private prisons- under govt. authority Juvenile detention facilities/reform schools Jails (short term incarceration) |
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Jail vs. Prison
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Jail = short time for those awaiting trial/misdemeanors
Prison = felony offenders, usually those sentenced to terms of 1 year or more |
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4 Reasons for Increase in Incarceration
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1- Media/politicians cracking down on crime, reinforced by CJ industry
2- Dramatic increases in sentences (mandatory minimums/three strikes laws) 3- War on drugs 4- Parole violations—lead to technical sentences |
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Prison Industrial Complex
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set of bureaucratic, political and economic interests that encourage increased spending on imprisonment regardless of need—example of Iron Triangle (law makers, administrators, lobbyists)
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Corrections Officers
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also called CO's. no longer just ‘prison guards’—increasingly professionalized as they have closest contact with prisoners/perform variety of tasks. however, they often get paid little and end up feeling like prisoners because of their work environment.
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Trends of Mental Health Facilities
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De-institutionalization and decline of community based mental healthcare. more jails/prisons needed so mental health facilties are being replaced for that.
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Segregation
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separating inmates, usually in more or less a solitary confinement setting
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6 Prison Programs
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1- Classification of prisons based on needs for security, treatment, education, work assignment, readiness for release
2- Educational programs—research says this is best tool against recividism. Vocational education=job training 3- Prison industries 4- Rehab programs 5- Medical services 6- Low supply versus high demand for these programs |
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Prisonization
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loss of self from degradation/humiliation
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Convict World
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issues like prison economy, males versus females in prison and culture needs, race, gang life, ethnicity
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Prison Litigation Reform Act
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reduced inmate access to court system to bring up anything that happened in prison (crimes, poor conditions, abuse)
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Community Corrections
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a) Most sentences do not result in incarceration, majority receive sentences in the community
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Types of Community Corrections (usually combined with one another)
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probation, parole, house arrest, electronic monitoring, intensive supervision probation, substance abuse treatment, community service, restitution, fines, shock probation, boot camps, forfeiture, faith-based programs, restorative justice
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4 Factors Supporting Community Corrections
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1- Many offenders criminal records/current offenses not serious enough to merit incarceration
2- Community supervision is cheaper 3- Recidivism rates are not higher than if person was sent to prison 4- Ex-inmates require support/supervision as they try to re-enter society |
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Sentencing Breakdown
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Prison: 20%
Jail: 10% Parole: 11% Probation: 59% |
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Probation
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conditional release of offender into community under supervision of probation officers—Most used sanction, often used with other sanctions, much cheaper than prison
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Parole
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Part of a sentence—offender conditionally released from prison, very strict conditions, still under custody of the state—this usually happens towards the end of a prison term
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2 Types of Parole Violations
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i) Technical (ex. Curfew violations, leaving certain areas)
ii) New crimes Both of these can (and often do) result in return to prison |
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Parole/Probation Supervision
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a) Officers in theory are combo of law enforcement and social workers—recent yrs trend towards policing—make discretionary decisions about whether to report violations
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Recidivism
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return to criminal behavior—the “revolving door” of crime/corrections
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8 Factors Leading to Problems with Prisoners Re-Entering Society
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1- Decreased parole and power of parole boards
2- Reduction in rehab programs 3- Increased number of inmates 4- Increased sentence lengths—Time served has increased almost 6 months since 1990 5- Change profile of those being released 6- Fewer parole officers w/higher caseloads 7- Public sentiment 8- Numerous legal limitations |
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Second Chance Act
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aims to give ex-offenders an opportunity to reintegrate and prevent recidivism by sponsoring re-entry programs
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American Incarcerations vs. International Incarcerations
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American incarceration rates are 4 times the world average
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Negative Impacts of Prison
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a) Children with parent in prison are more likely to commit crime
b) Crime is often circular—victims become victimizers and create more victims i) Ex. Abused children who become violent adults, members of poor community who prey upon each other c) Rising role of gangs in increasing crime—prison gangs |
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Biggest Hurdle to Improving Prison System
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High economic costs
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