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107 Cards in this Set
- Front
- Back
most influential actor in the courtroom
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prosecutor
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trial by a judge w/o a jury
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bench trial
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sharing & division of powere b/t state and federal courts
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dual court syst.
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key value of crime control model
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repression of crime
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3 main components of CJ syst
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police, courts, and corrections
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organization of CJ syst
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decentralized and fragmented
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institution of CJ in America is a syst in the scene
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what happens in one agency affects the other agency
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CJ in America can be seen as a nonsyst b/c
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there is tension, conflict, and fragmentation in the syst
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most imp court in America
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Supreme court
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not a federal court
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court of appeals
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courts can be classified to their functions
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trials and appeals
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most state court judges
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are elected
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after boking, arrestees are brought to
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intial appearence
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grand juries
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isssue an indictment in most cases
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90% of felony convictions result from
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guilty please pursuant to plea bargain
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due porcess model deals with
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concern for the rights of the defendent
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crime control model
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efficency & protecting society
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crime control model is associated with
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conservative
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common law is based on
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precedent
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burden of proof required
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beyond a reasonal doubt
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wrongs agaist the public or state are under
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criminal law
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corpus delicit
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body of crime
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not an element of crime
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guilty conscience
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mens rea
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guilty mind
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Amendment that prohibits the US const. from search and seizures
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4th
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victims of crime seek
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civil litigations
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Louisiana dervives it civil law from
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Napolencic code
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a court order directly specific to action is
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injunction
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legal attendant circumstances would be
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amount of $ or goods stolen
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penalty for attempt
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is less severe than completes act
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highest burden of proof
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beyond a reasonable doubt
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most civil cases
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request for monetary damages
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statutue is a form of
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litigation
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substansive laws
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the content
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procedural laws
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steps in court proceedings
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suing a landowner for damages
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premise liability
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2 major adversary actors in CJ syst
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judges and prosecutors
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Brady v. Maryland applies to what evidence
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exculpatory
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not 1 of the 3 justifications for exclusionary rule
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defendents should go free
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not 1 of the 3 distinct types of exclusionary rule
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Miranda warnings
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indictional rule regarding confessions
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must be free & voluntary
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what supreme court case must inform suspects of teir rights
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Miranda v. Arizona
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searches fall into 2 catagories
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warrant & warrantless
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not a warrantless search
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search incident to a lwaful arrest
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Exclusionary rule is directed at police, it is enforced in
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the courts
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During the pretrial suppression hearings, burden of preef lies with
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the defense attorney
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Amendment that provides protection agaist self incrimindation
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5th
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decision to supress evidence lies with
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the trial judge
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primary requirement for search warrant
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probable cause
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not part of Miranda warnings
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right to present allibi
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in rural areas, number of search warrants are secured by
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the phone
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cases more likely to involve questions of police conduct
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weapon and drug cases
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some states require the defense to file a notice of this type of evidence
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evidence for allibi defense
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would agree in favor of boader dicovery laws
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defense attorneys
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primary purpose of of appelate courts
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error corection
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case in which all judges on appellate court hears the case
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en bonc
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basic principle of US law is that losing party has right to
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one appeal
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general rule is that party cannot appeal
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sn interlocatory
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appeals are restricted to questions of
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law
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appeals are confined to issues
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properly raised or preserved at trial court
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a court that must hear appeal has
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mandatory apellate jurisdiction
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a court that has a choice whether to hear or not hear an appeal
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discretionary
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party who lost in lower court & files the appeal
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appellant or petitioner
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!st step in appeals process
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notice of appeal
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written legal arguments file with appealate court
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briefs
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to expedite appeals, some courts have limited
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oral argument bt attorney
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consumes more appellate judges time then any other appeallate activity
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writting opinions
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legal error by court that does not call for reversal
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harmless
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legal error that requires lower court to be overturned
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reversible
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Congress and Rehnquist have generally
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restricted habeaus corpus
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current supreme court, the swing votes are casted by Kennedy and
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O'Connor
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current cheif justice of supreme court
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Rehnquist
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on the criminal side, lower courts do not have jurisdiction on
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felonies
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on the civil side, lower courts handle
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small claims
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not sometiong of lower courts
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covens grand jury
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not typical of lower court proceedings
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adversarial
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not a problem of lower courts
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shifting of cases to other courts
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appeal that takes the form of a totally new trial
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trial de novo
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under 6th amend., defendent has right to trial by jury if the offense is punishable by impronment of more than
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6 months
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According to researcher Malcolm Feeley, in lower courts
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the process is the punishment
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in recent yrs in the courts, police have attempted to increase
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coomunity involvement
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mediation attempts to find solutions to disputes through
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compromise and bargaining
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not a recommendation of court reformers
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increase the use of trial by de novo
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as compared to urban courts, rural courts tend to be critized for
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informality, provinialism and crooylism
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major weakness of appeal by new trial
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there is no feedback on error correction for the judge at frist trial
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not a trial court of limited jurisdiction
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district court
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as compared to urban lower courts, rural lower courts rely more on
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informal social controls
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in municipal courts, courtroom workgroups
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encourgae waiver of rights to move cases
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lower courts are also reffered to as
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inferior courts
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not char. or lower court
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jury trial
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trend that did not contribute to the growth of the progressive movement and founding juve. courts
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gentrification
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not a traditional asspect of juve. court proceedings
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open to the public
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in some jurisdictions, juve. courts are a part of
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family courts
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in some jurisdicions, transfer of a juve to adult court is referred to as
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waiver ofcertification
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juve courts intervention in the lives of children and families was based on the legal theory of
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patriae
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heavy disportionate # of juve. transferred to adult courts are
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black males
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most juves transferred to adult court are charged with
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violent offenses
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violation of criminal law that would be a crime if commited by an adult
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delinquent act
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juvenile acts also frequently deal with
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neglected or dependent children
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in 1967, what supreme court decsion dealt with juve. court
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Gault
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one trend and recommendation for jevenile courts is that
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they should be opened to the public
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Truancy and curfew violations are examples of
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status offenses
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not important factor in juvenile case dispostion
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alcohol involvement
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juvenile courtroom workgroup
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probation officers and experts play a greater role
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common civil remedy
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assets forfeiture
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If the appellate court afrims the lower court, this means
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agrees with lower court decision
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of US supreme court, most liberal
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warren court
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