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44 Cards in this Set
- Front
- Back
Deposition
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proceedings during which potential witnesses are questioned by attorneys for the opposing side under oath and n the presence of a court recorder
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Dual Court System
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federal and state courts exist side by side independent of one another
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Plaintiff
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person who initially brings a legal suit
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Defendant
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individual whom legal action is brought against
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Initial Apperance
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first proceeding before a judge
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Arraignment
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the court's proceedings during which defendants are formally charged with offense, informed rights, and asked to enter a plea
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Discovery
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the offender committed the crime without premeditation or planning; acted on impulse
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Daubert Standard
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guide to help determine whether expert scientific testimony meets criteria established by the federal rules of evidence for reliability and relevance
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Voire Dire
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process that allows the judge and attorneys to question the prospective jurors and possible disqualify them from jury duty
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Challanege for Cause
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excused by an attorney or judge whenever it can be demonstrated that a would be juror does not satisfy the requirements
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Amicus Curiae Brief
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document submitted to an appellate court by an outside party to call attention to some matter that might otherwise escape attention
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Recidivism
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return to criminal activity after being convicted of a criminal offense
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Malingering
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response style in which the individual consciously fabricates or exaggerates his or her symptoms
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Mitigating Factors
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conditions that may not completely exonerating a defendant might reduce the punishment convicted EG: extensive physical abuse
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Aggravating Factors
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circumstances surrounding a crime that heightens its seriousness for purpose sentencing EG: heinous or cruel methods of carrying out a crime, such as a torture
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Testamentary Capacity
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competence to make a will
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Tort
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legal term for a civil wrong in which a plaintiff alleges some form form of negligence on part of the defendant
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Parole
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release before full prison sentence has been rewarded
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Group Homes/Juvenile Hall
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temporary secure or non secure placement pending adjudication or during adjudication proceedings up to a final decision
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Pavens Patriae
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doctrine in law that establishes the right of the state to substitute idecision making for that of individuals who are thought to be unable or unwilling to make their own decisions
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Disposition
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the resolution of a legal matter in criminal law an example wouldn't be the sentence, a defendant receives. In civil law the disposition of a case may be a judgment to favor the plaintiff.
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Decisional Competency
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ability to make decision in one's own best interest
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Advanced Directive
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document that allows a person to make advance decisions about life. Sustaining procedures in the event of a terminal condition or persistent vegetative state
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Protective Custody
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form of isolation in which the inmate is separated from others for his or her protection
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Jail vs. Prison
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- jail is operated by local gov't
-jail holds people temp., or sentenced to confinement after being convicted of a misdemeanor. -prison is a correctional facility run by the state and federal gov't -hold persons convicted of felonies and sentenced generally more that one year |
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Aggression Replacement Training (ART)
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treatment program for aggressive children and adolescents consisting of skill streaming, anger control, and moral reasoning
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Family Preservation Models
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approaches that try to prevent youth with minor behavioral problems and their family from becoming dysfunctional. major intention to keep family together
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Multisystemic Therapy (MST)
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treatment approach for serious juvenile offenders that focus on the family while being responsive to many other contexts surround family such as the peer group, neighborhood, and school.
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Functional Family Therapy (FFT)
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developed for behaviorally disturbed adolescents whose parents were unable to control their acting behaviors. Combines SLT, CogBeh.T, InterPer.T, and family system theory
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Wilderness and Adventure Programs
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rehabilitive approaches for adjudicated delinquents (and preventative approaches for youngsters at risk) that focus on skill building and the development of self esteem
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NGRI
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not guilt by reason of insanity
requires preponderance of evidence not standardized procedure |
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Rule of 4
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supreme court practice that permits four of the nine justices to grant a writ of certiorari
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Writ of Certiorari
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law writ issued by a superior court to one of inferior jurisdiction demanding the record of a particular case
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IST
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incompetent to stand trial
if ordered by defense they pay and dont share if ordered by court, must report must make sure not implying guilt |
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Juvenile Bootcamp
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correctional programs for delinquent youth in a military-style environment
worse for females |
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Indictment
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a formal document written for a prosecuting attorney charging a person with some offense
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Released on recognizance
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the basis for a judge allowing a person accused of a crime to be free while awaiting trial, without posting bail, on the defendant's own promise to appear and his/her reputation
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Peremptory Challenge
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Peremptory challenge usually refers to a right in jury selection for the defense and prosecution to reject a certain number of potential jurors
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Nullification
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making null and void; counteracting or overriding the effect or force of something
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Court of Last Resort
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the supreme court, the highest judicial body
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Capitol Offenses
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a crime so serious that capital punishment is considered appropriate
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Probation
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-a way of dealing with offenders without imprisoning them
-a trial period during which an offender has time to redeem himself or herself |
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Electronic Monitoring
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an electronic device placed on an offender on community supervision, parole, or mandatory supervision to monitor his/her location and activities
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Inmate vs. Detainee
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Inmate: a person serving a sentence in a jail or prison
Detainee: some held in custody |