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37 Cards in this Set
- Front
- Back
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plea negotiations/plea bargaining |
Discussions between defense counsel & prosecution in which the accused agrees to plead guilty in exchange for certain consideration, such as reduced charges or a lenient sentence |
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court of limited jurisdiction |
A court that has jurisdiction over misdemeanors & conducts preliminary investigations of felony charges |
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specialized court |
A court that has primary jurisdiction over specific types of offenses & that operates differently than a traditional criminal court, such as with a concern over outcomes & extensive judicial monitering |
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court of general jurisdiction |
A state of federal court that has jurisdiction over felony offenses - serious crimes that carry a penalty of incarceration in a state or federal prison for one year or more. |
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appellate court |
A court to which appeals are made on points of law resulting from the judgement of a lower court; the appellate court may be asked to evaluate the impact of new evidence but more typically decides whether the state or federal constitution was improperly interpreted during a case |
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U.S. district court |
A trial court in the federal court system |
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U.S. court of appeals |
An appellate court in the federal court system |
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U.S. Supreme Court |
The highest appellate court in the United States |
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court of last resort |
A court that handles the final appeal on a matter - in the federal system, the U.S. Supreme Court |
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writ of certiorari |
An order of a superior court requesting that a record of an inferior court (or administrative body) be brought froward for review or inspection |
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rule of four |
The convention that four justices must agree to hear a case before a writ of certiorari is granted |
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judge |
The senior officer in a court of law, who is authorized to hear & decide cases |
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Court Staff |
1. Clerk 2. Court Administrator 3. Court Security 4. Legal Staff 5. Judicial Support Staff 6. Court Reporter 7. Jury Staff 8. Other Officers |
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Missouri Plan |
A method of judicial selection that combines a judicial nominated commission, executive appointment, & nonpartisan confirmation elections |
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alternative dispute resolution |
A means of settling disputes outside the courtroom |
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arbitration |
A process of dispute resolution in which a neutral third party (arbitrator) renders a decision after a hearing at which both parties agree to be heard. |
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mediation |
An informal dispute resolution process in which a neutral third party (mediator) helps disputing parties reach an agreement |
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prosecutor |
An appointed or elected member of the practicing bar who is responsible for brining the state's case against the accused |
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Prosecutorial Duties |
>Investigating possible violations of the law >Cooperating with police in investigating a crime >Determining what the charge will be >Interviewing witnesses in criminal cases >Reviewing applications for arrest warrants & search warrants >Subpoenaing witnesses >Representing the government in pretrial hearings & in motion procedures >Entering into plea-bargaining negotiations >Trying criminal cases >Recommending sentences to courts upon conviction >Representing the government in appeals |
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United States attorneys |
The nation's principal (federal) litigators, appointed by the president. Assistant United States attorneys are tasked with, among other duties, prosecuting criminal defendants in federal court |
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attorney general |
The chief legal officer & prosecutor of each state & of the United States |
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district attorney |
The county prosecutor who is charged with bringing offenders to justice & enforcing the criminal laws of the state |
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Prosecutors & Law Enforcement |
The police investigation report. Providing legal advice. Training police personnel. |
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community prosecution |
A prosecutorial philosophy that emphasizes community support & cooperation with other agencies in preventing crime, as well s a less centralized & more proactive role for local prosecutors |
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prosecutorial discretion |
The prosecutor's authority to decide whether to bring a case to trial or to dismiss it outright |
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nolle prosequi |
The decision by a prosecutor to drop a case after a complaint has been made because of, for example, insufficient evidence, witness reluctance to testify, police error, or office policy |
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grand jury |
A group of citizens chosen to hear charges against persons accused of crime & to determine whether there is sufficient evidence to bring those persons to trial |
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diversion |
The use of an alternative to trail, such as referral to treatment or employment programs |
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defense attorney |
Legal counsel for the defendant in a criminal case, representing the accused person from arrest to final appeal. |
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Functions of the Defense Attorney |
> Investigation the incident > Interviewing the client, police, & witnesses > Discussing the matter with the prosecutor > Representing the defendant at the various pretrial procedures, such as arrest, interrogation, lineup, & arraignment > Entering into plea negotiations > Preparing the case for trial, including developing tactics & strategy > Filing & arguing legal motions with the court > Representing the defendant at trial > Providing assistance at sentencing > Determining the appropriate basis for appeal |
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indigent defendant |
A defendant who lacks the funds to hire a private attorney & is therefore entitled to free counsel |
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assigned counsel |
A private attorney appointed by the court to represent a criminal defendant who cannot afford to pay for lawyer |
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public defender |
An attorney employed by the government to represent criminal defendants who cannot afford to pay for a lawyer |
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recoupment |
Process by which the state later recovers some or all of the cost of providing free legal counsel to an indigent defendant |
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contract system |
Provision of legal services to indigent defendants by private attorneys under contract to the state or county |
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pro bono |
The practice by private attorneys of taking the cases of indigent offenders without fee as a service to the profession & the community |
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subpoena |
A court requiring a witness to appear in court at a specified time & place |
