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44 Cards in this Set

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

Detainee: some held in custody