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107 Cards in this Set

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