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128 Cards in this Set

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federal court system
The three-tiered structure of federal courts, comprising U.S. district courts, U.s. courts of appeals, and the U.S. Supreme Court.
state court system
A state judicial structure. Most states have at least three court levels: generally, trial courts, appellate courts, and a state supreme court.
jurisdiction
The territory, subject matter, or people over which a court or other justice agency may exercise lawful authority, as determined by statute or ocnstitution.
original jurisdiction
The lawfule authority of a court to hear or to 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.
appellate jurisdiction
The lawful authority of a court to review a decision made by a lower court.
trial de novo
"new trial" The term is applied to cases that are retried on appeal, as apposed to those that are simply reviewed on the record.
court of last resort
the court authorized by law to hear the final appeal on a matter
appeal
the request that a court with appellate jurisdiction review the judgement, decision, or order of a lower court and set it aside (reverse it) or modify it.
state court administrator
A coordinator who assits with case-flow management, operating funds budgeting, and court docket administration
dispute-resolution center
An informal hearing place designed to mediate interpersonal disputes without resorting to the more formal arrangements of a criminal court trial.
community court
A low-level court that focuses on quality-of-life crimes that erode a neighborhood's morale, that emphasizes problem solving rather than punishment, and that builds on restorative principles like community services aand restitution.
judical review
The power of a court to review actions and decisions made by other agencies of governments
first appearance
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.
pretrial release
The release of an accused person from custody, for all or part of the time before or during prosectution, upon his or her promise to appear in court when required.
bail bond
A document guaranteeing the apppearance of a defendant in court as required and recording the pledge of money or property to be paid to the court if he or she does not appear, which is signed by the person to be released and anyone else acting in his or her own behalf.
release on recognizance (ROR)
The pretrial release of a criminal defendant on his or her written promise to appear in court as required. No cash or property bonds required.
property bond
The setting of bail in the form of land, houses, stocks, or other tangible property. In the event that the defendant absconds before trial, the bond becomes the property of the court
danger law
A law intended to prevent the pretrail release of criminal defendants judged to represent a danger to others in the community
competent to stand trial
A finding by a court, when the defendant's sanity at the time of trial is at issue, that the defendnt has sufficent present ability to consuit with his or her attorney with a reasonable degree of rational as well as factual understanding of the proceedings against him or her.
plea
In criminal proceedings, the defendant's formal answer in court to the charge contained in a complaint, information, or indictment that he or she is guilty of the offense charged, is not guilty of the offense charged, is not guilty of the offense charged, or does not contest the charge.
nolo contendere
A plea of "no contest." A no-contest plea is used when the defendant does not wish to contest conviction. Because the plea does not admit guilt, however, it cannot provide the basis for later civil suits that might follow a criminal conviction
plea bargaining
The process of negotiating an agreement among the defendant, the prosectutor, and the court as to an apporiate plea and associated sentence in a given case. Plea bargaining circumvents the trial process and dramatically reduces the time required for the resolution of a crminal case.
courtroom work group
The professional courtroom actors, including judges, prosecuting attorneys, defense attorneys, public defenders, and others who earn a living serving the court.
judge
an elected or appointed public official who presides over a court of law and who is authorized to hear and sometimes to decide cases and to conduct trials
prosecutors
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
prosecutorial discretion
The decision making power of prosecutors, based on the widerange of choices available to them, in the handling of criminal defendants, the scheduling of cases for trial, the acceptance of negoitated pleas, and so on. The most important form of prosecutorial discretion lies in the power to chrge, or not to charge a person with an offense
defense counsel
A licensed trial lawyer, hired or appointed to conduct the legal defense of a person accused of a crime and to represent him or her before a court of law.
public defender
An attorney employed by a government agency or subagency, or private organization under contract to a government body, for the purpose of providing defense services to indigents, or an attorney who has volunteered such services.
baliff
The court officer whose duties are to keep order in the court room and to maintain physical custody of the jury.
expert witnesses
A person who has special knowledge and skills recognized by the court as revelant to the determination of guilt of innocence. Unlike lay witnesses, expert witnesses may express opinions or draw conclusions in their testimony.
lay witness
An eyewitness, character witness, or other person called on to testify who is not considered an expert. Lay witnesses must testify to facts only and may not draw conclusions or express opinions.
subpoena
A written order issued by a judical officer or grand jury requiring an individual to appear in court and to give testimony or to bring material to be used as evidence. some subpoenas mandate that books, papersm and other items be surrendered to the court.
victim-assistance program
An organized program that offers services to victims of crime in the areas of crisis intervention and follow-up counseling and that helps victims secure their rights under the law.
juror
A member of a trial or grand jury who ahs been selected for jury duty and is required to serve as an arbiter of the facts in a court of law. Jurors are expected to render verdicts of "guilty" or "not guilty" as to the charges brought against the accused, although they may sometimes fail to do so (as in the case of a hung jury)
change of venue
The movement of a trial or lawsuit fromo ne jurisdiction to another or from one location to another within the same jurisdiction. A change of venue may be made in a criminal case to ensure that the defendant recieves a fair trial.
adversarial system
The two-sided structure under which American criminal trial courts operate that pits the prosecution against the defense. In theory, justice is done when the most effective adversary is able to convince the judge or jury that his or her perspective in the case is the correct one.
jury selection
The process whereby, according to law and precedent, memebers of a particular trial jury are chosen.
peremptory challenge
The right to challenge a potential juror without disclosing the reason for the challenge.
scientific jury selection
The use of correlation techniques from the social sciances to gauge the likelihood that potential jurors will vote for convictions or for auittal.
sequestered juries
A jury that is isolated from the public during the course of a trial and throughout the deliberation process.
opening statements
The initial statement of the prosecution or the denfense, made in a court of law to a judge, or to a judge and jury, describing the facts that he or she intends to present during trial to prove the case.
evidence
Anything useful to a judge or jury in deciding the facts of a case.
direct evidence
Evidence that, if believed, directly proves a fact. Eyewitnesses testimony and videotaped documentation
circumstantial evidence
Evidence that requires interpretation or that requires a judge or jury to reach a conclusion based on what the evidence indicates.
real evidence
Evidence that consists of physical material or traces of physical activity.
probative value
The degree to which a particular item of evidence is useful in, and relevant to, providing something important in a trial
testimony
Oral evidence offered by a sworn witness on the witness stand during a criminal trial
perjury
The intential making of a false statement as part of the testimony by a sworn witness in a judicial matter revelant to the case
hearsay
something that is not based on the personal knowledge of a witness.
hearsay rule
Rather than accepting the testimony the court will ask for the original source to be brought into the courtroom for questioning
closing arguement
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
verdict
the decision of the jury in a jury trial or of a judicial officer in a nonjury trial
WW2
2 front war; Nazi's in Germany and the Japanese
Russia
Allies during WW2
Increased limitations of citizens
less freedom to speak out, less ability to bash gov't, more spying of individual citizens
The Smith Act of 1940
illegal to stage a violent overthrow of the US gov't
advocate vs. conspiracy
plans to do one ovet act rather than speaking of it
FBI and spying
FDR increased spying
FDR's wife caught cheating
Incarcaration of Japanese
Happened in the 1940's during the second world war
Increased opportunities for women
1940's: men at war so women had to fill in
Blackmarket
illegal buying/selling of certain goods
bc of war there was a shortage of gas, meat, and tired
had to be bought through coupons and rations
the seller was legally locked into selling what he was rationed
Post War Period
1945-1950
G.I. Bill of Rights
Vetrans got cheaper loans, help with federal jobs, and college education
gave opportunities to lower class vetrans so they can rise up in society
9:1 men to women ratio a AU
What type of educational unti was the most beneficial to the criminal justice unit?
the junior college
CA was the most progressive college
Advantages of community college
cheaper
smaller classes
easy time schedule
people are more responsible
Robert Hansen
a FBI agent who turned rouge for more than 20 years, selling information to the Russians
How did the FBI catch Hansen?
a Russian turned to US and gave them a briefcase with letters and garbage bag with his finger prints on it.
What was sentencing?
Indited on 21 counts of espionage and will spend the rest of his life in jail
Why did the US judge not execute him?
what they tell you within the first 6 months might not be as valuable as what they say 2 years later; they can also trade the rouge agents for another fallen soldier in Russia
Co-Intel pro
FBI's counter intelligence program against various countries
Left wing
Black Panthers
ACTION
SDS
Right Wing
The Minute Men
KKK
John Byrd's Society
Neutralization of Left wing
The Soul Sister letter was the attempt to neutralize ACTION by sending a letter the husband of a caucasian woman who was the academic advisor from an angry black woman
Neutralization of Right wing
Ruby Letter was an attempt to neutralize the KKK. The FBI sent a letter to the wife of a Klan's man saying that he was cheating on her with a slut named Ruby and that her husband could no longer shame the KLAN
John Byrd's society
the largest and wealthiest group w/in Montgomery (and all of the US)
aka SLIP, MOTOREDE, TACT, and TRAIN
Welsch
the leader of the John Byrd's society
called Eisenhower a Communist and a communist supporter
so the society started more groups under another name
Nebraska MOTOREDE committee
released a document and identified every city in the chapter
Birmingham Police in 1960
an arrangement between the Klan and law enforcement officers in Birmingham, AL to give them 15 minutes to beat up civil rights workers
Gary Rowe
FBI's best informer from the Klan
testified under oath to the senate
What did Rowe testify to?
Klan wanted 15 minutes to beat up the civil rights workers then the police would come in and look like they were doing a good job
Alabama and the Klan
In AL, a Jefferson county sheriff hired the Klan to put alcohol in an integrated country club that did not allow drinking and made an arrest
What did the chief of Police say?
"The Birmingham police did not openly cooperate with the Klan."
AU in 1968
Hippies and Liberals were all watched
former sheriff of Lee County admits to being an officer assigned to investigating profesors and students who favored blacks and opposed the Vietnam War
Nebraska University
SDS took over the entire university starting in the ROTC building
the FBI then infiltrated SDS
Rosary Hill Profesor
the faculty advisor for SDS believed the FBI tried to get him fired
The Gideon Case 1960
the important question answered; Does a poor person have a right to a court appointed attorney in a state court when being charged with a felony?
Florida judge
Gideon requested a lawyer and the judge denied him due to the fact that it was not a capital case
the court of original jurisdiction
gideon was found guilty
Gideon stated that he was scared to death to defend himself
sentencing
sentenced to prison and the length of the sentencing was due to the fact that Gideon had a prior record and those felonies were added
Appeal to Florida Supreme Court
Gideon appealed to the court and was denied while in prison
Appeal to the US Supreme court
stated that the denial of a court appointed attorney violated the constitution
issued a writ of certiorari (4 of 9) review of FL law
Florida amendments
6th-no where does it say a right to a "court" appointed attorney
10th-allows for the states to set up their own laws of criminal procedures
Ab Fortess
a prominant lawyer from DC that was appointed by the Supreme Court
Fortess' Amendments
14th-Due process clause
that no state shall deny a person life or liberty without due process (without a lawyer it is not fair)
Florida's backing
amicus curia brief-asked other states to to back their actions and come into the case with no relation to the case at all
Alabama's backing
was 1 of the 2 states with the reasoning that Gideon's ability is the equivalent to an Alabama lawyer
Betts Case
1942
majority was against poor persons recieving a court appointed attorney however if the person is mentally unstable or legally difficult then they should get the lawyer
(6-3)
Gideon Case
1963
Hugo Black persided over the case
Hugo Black
supreme court judge who was once the leader of the KKK
Characteristics of the Earl Warren Court
liberal, contreversial, and depised the south
Clarence Darrow
a famous criminal lawyer of the 20's who was arrested and asked for a criminal lawyer as soon as he put into jail
just shows how important a lawyer is
the film projected court appointed attorney's as...
not great and somewhat useless
alternatives to court appointed attorneys
legal aide society and some lawyers will represent for free
Argersinger vs. Hamlin
a misdemeanor could have a court appointed attorney
structure of the Federal courts
1.us supreme court
2. appelate
3. distict
District Courts
this is where most federal case begin and end
only federal courts have juries
considered the court of original jurisdiction
Federal courts
different number of federal courts according to the state's size
Vermont 1
Alabama District court
3 courts; northern, middle, and southern
(these refer to the area of jurisdiction)
Upcoming trial of Auburn police officer
middle district (Montgomery)
trial held in federal building in Opelika because there is a federal building and courtroom
Dual court system
state
federal
Article 3
established the Supreme Court
and inferior courts as congress sees fit
1789 Judiciary Act
created two addition courts
district
appelate
District courts
94 courts
original jurisdiction
3 in AL numbers vary from state to state
Appelate courts
13 courts
responsible for a number of states
11th circuit court hears AL, GA, FL (ATL)
last court to hear a case and conviction will more than likely be upheld (probability)
US Sumpreme Court
120 cases held each year
Discretionary Authority
Supreme Court chooses what cases they want to hear
Writ of certiorari
order from a higher court to a lower court to send up a case for review
vote must be (4-9)
Quorum
minimum number of judges that must be present in order for a case to be reviewed
Tie vote
the decision of the lower court is to be held out
Back ground information on the case of New York vs. Sullivan
started in AL (civil case)
1960's Sullivan a public official and dirsetor of the poilce
NY Times covered demonstrations and reported false information about police
the case of New York vs. Sullivan
Libel case
Sullivan sued NY Times and won in circuit court
NYT said there was a constitutional question
Verdict of NYT vs. Sullivan
Supreme court reviewed and unanimously reversed the lower courts decisions
Significance of NYT vs. Sullivan case
Shows the connection between state and federal courts
Jurisdiction(lecture)
the authority to hear a case
original jurisdiction(Lecture)
the case is being heard for the first time
FDR and the Court Packing Plan
wanted to enlarge the Supreme Court from 9 to 15 members
1937 wanted to pass laws to get otu of the depression and Supreme court vetos through judicial review
Opinions of the court
unanimous - 9-0
majority- discenting 5-4
concuring opinion 5-4 except with a document stating the reasoning of the varying beliefs of innocence
Starry Daecece
rule of precident, court will make a decision based on simular decisions
amicus curiae brief
another party brought into a matter that they had nothing ot do with the original case
brief
legal arguement