Criminal Justice(Ohio State)

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*BONUS QUESTION: Who was the very first chief Justice Of The United States

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John Jay

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Jurisdiction

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The territory, subject matter, or people over which a court or other justice agency may exercise lawful authority, as determined by statue or constitution

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Original jurisdiction

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the lawful authority of a court to hear or act on a case from its beginning and to pass judgement on the law and the facts. The authority may be over a specific geographic area or over particular types of cases

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Appellate Jurisdiction

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The lawful authority of a court to review a decision made by a lower court

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Trial de novo

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Literally, "new Trial" the term is appliede to cases that are retried on appeal, as opposed to those that are simply reviewed on the record

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Court of last resort

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The court authorized by law to hear the final appeal on the matter

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Appeal

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Generally, the request that court with appellate jurisdiction review the judgement, decision, or order of a lower court and set it aside( reverse it) or modify it

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Prosecutor

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An attorney whose official duty is to conduct criminal proceedings on behalf of the state or the people against those accused of having committed criminal offenses

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Exculpatory Evidence

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Any information having a tendency to clear a person of guilt or blame

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Expert Witness

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a person who is permitted to testify at a trial because of special knowledge or proficiency in a particular field that is relevant to the case."she was hired as an expert witness because she had assisted in more than 100 similar surgical procedures"

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Lay witness

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A lay witness, also known simply as a “witness,” is any person who gives testimony in a case, but who is not an expert. In a personal injury case, a lay witness may be the plaintiff, the defendant, or someone who saw the accident in which the plaintiff was injured

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Subpoena

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` writ ordering a person to attend a court

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First Appearance

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An appearance before a magistrate during which the legality of the defendant`s arrest is initially assessed and the defendant is informed of the charges on which he or she is being held. At this stage in the criminal justice process, bail may be set or pretrial release arranged

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Bail Bonds

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written promise signed by a defendant and surety to ensure that a criminal defendant will appear in court at the scheduled time and date, as ordered by the court. The bail amount is set by the court.

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Release on Recognizance(ROR)

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When a criminal suspect is arrested, booked, and granted "ownrecognizance" release, no bail money needs to be paid to the court, and no bond is posted. The suspect is merely released after promising, in writing, to appear in court for all upcoming proceedings.

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Property Bond

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are secured by the title to a defendant's own property, which will be forfeited in the event of non-compliance.

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Surety Bond

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posted by a professional bail bonds person after paying a certain premium in exchange for guaranteeing the defendant will show up to court.

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Unsecured Bond

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means a bond that holds a defendant liable for a breach of the bond’s conditions. SO if they breach contract they owe the bail amount.

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Conditional Release

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Release of an accused or convict from custody or imprisonment, under conditions which bar him or her from certain activities or associations. Breach of any condition will revoke the release order.

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Signature Bond

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requires the defendant to sign a promise to return to the court for trial, with the possibility of the entry of a monetary judgment against him if he fails to do so, but does not require a deposit of any cash or property with the court.

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Types of Plea Bargaining

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Vertical Overcharging

Horizontal overcharging

Sentence Bargaining

Change Negative Label

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Vertical Overcharging

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Reduced to lesser included offense

Ex.Indicted for Murder 1 dropped to murder 2

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Horizontal Overcharging

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Drop lesser charges included

Plea guilty to worse charge

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Sentence Bargaining

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Promise for Leniency

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Change Negative Label

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Ex. Child Molester, Crime title is change to assault to better protect the defendant in prison

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Peremptory Challeges

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right in jury selection for the attorneys to reject a certain number of potential jurors without stating a reason.

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Scientific jury Selection

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is the use of social science techniques and expertise to choose favorable juriesduring a criminal or civil trial.

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Sequestered jury

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This means that the jurors are isolated from the public for some or all of a trial to prevent contact with outside influences. By sequestering a jury, access to other people and to radio and television news or newspapers can be limited.

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Opening Statement

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The initial statement of the prosecutor or the defense attorney, made in a court of law to a judge or jury, describing the facts that he or she intends to present during trial to prove the case.

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Evidence

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Anything useful to a judge or jury in deciding the facts of a case. Evidence may take form of witness testimony, written documents, videotapes, magnetic media, photographs, Physical objects, and so on

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Direct Evidence

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Evidence that, if believed, directly proves a fact. Eyewitness testimony and videotaped documentation account for the majority of all direct evidence heard in the criminal courtroom

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Circumstantial Evidence

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that relies on an inference to connect it to a conclusion of fact—like a fingerprint at the scene of a crime. By contrast, direct evidence supports the truth of an assertion directly—i.e., without need for any additional evidence or inference

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Real Evidence

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Evidence that consists of physical material or traces of physical activity

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Probative Value

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The degree to which a particular item of evidence is useful in, and relevant to, proving something important in a trial

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testimony

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Oral evidence offered by a sworn witness on the witness stand during a criminal trial

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Perjury

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the offense of willfully telling an untruth in a court after having taken an oath or affirmation.

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Hearsay

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information received from other people that one cannot adequately substantiate; rumor.

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Hearsay Rule

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The long-standing precedent that hearsay cannot be used in American Courtrooms. Rather than accepting testimony based on hearsay, the court will ask that the person who was the original source of the hearsay information be brought into be questioned and cross-examined. Exceptions to the hearsay rule may occur when the person with direct knowledge is dead or is otherwise unable to testify

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Closing Argument

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An oral summation of a case presented to a judge, or to a judge and jury, by the prosecution or by the defense in a criminal trial

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Reasonable doubt

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is a standard of proof used in criminal trials. When a criminal defendant is prosecuted, the prosecutor must prove the defendant's guilt Beyond a Reasonable Doubt.

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Reasonable Doubt Standard

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The standard of proof necessary for conviction in criminal trials

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Verdict

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The decision of the jury in a jury trial or of a judicial officer in a nonjury trial

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Sentnecing

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The imposition of a criminal sanction by a judicial authority

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Retribution

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The act of taking revenge on a criminal perpetrator

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Incapacitation

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The use of imprisonment or other means to reduce the likelihood that an offender will commit future offenses

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deterrence

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A goal of criminal sentencing that seeks to inhibit criminal behavior through the fear of punishment

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general deterrence

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A goal of criminal sentencing that seeks to prevent others from committing crimes similar to the one for which a particular offender is being sentenced by making an example of the person sentenced

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Specific deterrence

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a goal of criminal sentencing that seeks to prevent a particular offender from engaging in repeat criminally

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Rehabilitation

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The attempt to reform a criminal offender. Also, the state in which a reformed offender is said to be.

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Restoration

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A goal of criminal sentencing that attempts to make the victims "Whole again"

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Restorative Justice

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A sentencing model that builds on restitution and community participation in an attempt to make the victim "whole again"

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Indeterminate Sentencing

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A model of criminal punishment that encourages rehabilitation through the use of general and relatively unspecific sentences(Such as a term of 1 to 10 years)

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Determinate Sentencing

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A model of criminal punishment in which an offender is given a fixed term of imprisonment that may be reduced by good time or gain time. Under the model, for example, all offenders convicted of the same degree of burglary would be sentenced to the same length of time behind bars

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Voluntary Sentencing guidlines

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Recommended sentencing policies that are not required by law

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Presumptive Sentencing

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Sentencing guidelines are based on the belief that punishment should be more severe for more serious crimes and more severe for repeat offenders. Sentencing guidelines set a "presumptive" sentence based on the severity of the crime and also on the offender's record of prior convictions.