Criminal Justice Chapter 7-9

Front 1

Jurisdiction

Back 1

The geographic territory or legal boundaries within which control may be exercised; the range of a court's authority

Front 2

Trail courts of limited jurisdiction

Back 2

Criminal courts with trial jurisdiction over misdemeanor cases and preliminary matters in felony cases. Sometimes these courts hold felony trails that may result in penalties below a specific limit

Front 3

Trail courts of general jusidiction

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Criminal courts with jurisdiction over all offenses, including felonies. In some states, these courts also hear appeals

Front 4

Appellate Courts

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Courts that do not try criminal cases but hear appeals of decisions of lower courts

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Problem Solving Courts

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Lower-level local courts dedicated to addressing particular social problems or troubled populations. Examples of such courts include drug courts, domestic violence courts, and mental health courts

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Partisan election

Back 6

An election in which candidates openly endorsed by political parties are presented to voters for selection

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Nonpartisan election

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An election in which candidates' party affiliations are not listed on the ballot

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Merit Selection

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Nominated by a commission and appointed by the governor for a given period. When the term expires, the voters approve or disapprove the judge for a succeeding term. If the judge is disapproved, the committee nominates a successor for the governor's appointment

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Prosecution Attorney

Back 9

A legal representative of the state with sole responsibility for bringing criminal charges. In some states, this person is referred to as the district attorney, commonwealth attorney, or county attorney

Front 10

Count

Back 10

Each separate offense of which a person is accused in an indictment or an information

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Nolle presequi (Nol. Pros.)

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An entry made by a prosecutor on the record of a case and announced in court, indicating that the charges specified will not be prosecuted. In effect, the charges are thereby dismissed

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Discovery

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A prosecutor's pretrial disclosure to the defense of facts and evidence to introduced at trail

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Accusatory Process

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The series of events from the arrest of a suspect to the filing of a formal charge (through an indictment or information) with the court

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Defense Attorney

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The lawyer who represents accused offenders and convicted offenders in their dealings with criminal justice

Front 15

Assigned counsel

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An attorney in private practice assigned by a court to represent an indigent. The attorney's fee is paid by the government with jurisdiction over the case

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Contract counsel

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An attorney in private practice who contracts with the government to represent all indigent defendants in a county during a set period of time and for all specified dollar amount

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Public Defender

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An attorney employed on a full-time, salaried basis by a public or private nonprofit organization to represent indigents

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Local Legal Culture

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Norms shared by members of a court community as to how cases should be handled and how a participant should behave in the judicial process

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Work Groups

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A collection of individuals who interact in the workplace on a continuing basis, shared goals, develop norms regarding how activities should be carried out, and eventually establish a network of roles, which differentiates the group from others, and facilitates cooperation

Front 20

Going Rate

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Local court officials shared view of the appropriate sentence for the offense, the defendant's prior record, and other case characteristics

Front 21

Boykin v. Alabama (1969)

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Court case that said Defendants must state that they are voluntarily making a plea of guilty before a judge may accept the plea

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North Carolina v. Alford (1970)

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Court case that said a plea of guilty by a defendant who maintains his or her innocence may be accepted for the purpose of a lesser sentence

Front 23

Ricketts v. Adamson (1987)

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Court case that said Defendants must uphold the plea agreement or suffer the consequences

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Bordenkircher v. Hayes (1978)

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Court case that said a defendant's rights were not violated by a prosecutor who warned that refusing to enter a guilty plea would result in a harsher sentence

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Batson v Kentucky

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Court case that said cannot exclude juror solely on basis of race

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Witherspoon v. Illinois

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Court case that said cannot exclude person from death penalty case solely because opposed to death penalty

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Writs

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An order from a court made after petition requesting the relief

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Writ of Habeas Corpus

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Orders the release of a person

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Writ of Certiorari

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Grants an appeal that is discretionary

Front 30

Retribution

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Punishment inflicted on a person who has harmed others and so deserves to be penalized

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General Deterrence

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Punishment of criminals that is intended to be an example to the general public and to discourage the commission of offenses

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Specific Deterrence

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Punishment inflicted on criminals to discourage them from committing future crimes

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Incapacitation

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Depriving an offender of the ability to commit crimes against society, usually by detaining the offender in prison

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Selective Incapacitation

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Making the best use of expensive and limited prison space by targeting for incarceration those individuals whose incapacity will do the most to reduce crime in society

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Rehabilitation

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To goal of restoring a convicted offender to a constructive place in society through some form of vocational or educational training therapy

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Restorative justice

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Punishment designed to repair the damage done to the victim and community by an offender's criminal act.

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Indeterminate Sentences

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A period, set by a judge, that specifies a minimum and a maximum time to be served in prison. Sometime after the minimum, the offender may be eligible for parole

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Determinate Sentences

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A sentence that fixes the term of imprisonment at a specific period

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Mandatory Sentences

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A sentence determined by statues and requiring that a certain penalty be imposed and carried out for convicted offenders who meet certain criteria

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Good Time

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A reduction of an inmate's prison sentence, at the discretion of the prison administrator, for good behavior or participation in vocational, educational, or treatment programs

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Earned Time

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Reduction in a prisoner's sentence as a reward for participation in educational or other rehabilitation programs, and for work assignments, such as disaster relief and conservation projects

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Truth In Sentencing

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Refers to the laws that require offenders to serve a substantial proportion (85% of violent crimes) of their prison sentence before being released on their parole

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Intermediate Sanctions

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A variety of punishments that are more restrictive than traditional probation but less severe and less costly than incarceration

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Probation

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A sentence that the offender is allowed to serve under supervision in the community

Front 45

Shock Probation

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A sentence in which the offender is released after a short incarceration and re sentenced to probation

Front 46

Furman v Georgia

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Case where the death penalty, as administered, constitutes cruel and usual punishment. Ended capital punishment until 1976

Front 47

Gregg v. Georgia

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Case that said death penalty laws are constitutional if they require the judge and jury to consider certain mitigating and aggravating circumstances in deciding which convicted murderers should be sentenced to death. Proceedings must also be divided into a trial phase and a punishment phase, and there must be opportunities for appeal

Front 48

Atkins v. VA (2002)

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Cannot execute defendant with mental retardation

Front 49

Roper v. Simmons (2005)

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Cannot execute offender with is under 18 when crime in committed

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Pre-sentence Investigation Report (PSI)

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A report, prepared by a probation officer, that presents a convicted offender's background and is used by the judge in selecting an appropriate sentence

Front 51

Sentencing Guidelines

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A mechanism to indicate to judges the expected sanction for certain offenses, in order to reduce disparities in sentencing.