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81 Cards in this Set
- Front
- Back
- 3rd side (hint)
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Peremptory challenge |
guilty, not guilty, or nolo contendere (no contest).
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Avertable recidivist
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A person whose crime would have been prevented if he or she had not been given discretionary release and instead had been kept behind bars.
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The nature of plea bargains
(4 ways the prosecutor can get the defence to plead guilty) |
1. Offer of a reduced sentence 2. In cases in which many counts are charged, the prosecutor may reduce the number of counts . 3. The prosecutor may promise to recommend a lenient sentence, such as probation. 4. When the charging post has a negative label attached (ex: child molestation) the prosecutor may alter the charge me more socially acceptable one (such as assault). |
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The role of the defense counsel and plea bargaining (4)
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- plays an advisory role.
- responsible for making certain that the accused understands the nature of the plea bargaining process and the guilty plea. - explains to the defendant that by pleading guilty he or she is waiving certain rights that would be available if the case went to trial. - keeps the defendent informed of developments in discussion with the prosecutor regarding plea bargaining. |
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Complaint |
The criminal defendant who is not eligible for bail or lease on recognizance is subject to pretrial detention in the local county jail.
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Writ of habeas corpus
("you have the body") |
a legal device used to request that a judicial body review the reasons for a person's confinement and the conditions of confinement
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Release on recognizance
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Eligible dependents are released without bail upon their promise to return for trial.
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Pretrial procedures
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Legal and administrative actions that take place after arrest and before trial, including grand jury indictments, preliminary hearings, bail, and plea negotiation
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Hearsay evidence
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Testimony that is not first hand but, rather, relates information told by second party
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Alternative Bail Release Mechanisms
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- Police field citation release
- Police station how citation release - police / pretrial jail citation release - pretrial / court direct released by pretrial bail program - police / court bail schedule |
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Legal issues in plea bargaining
(7) |
Initial trial court appearance, at which the accused is read the charges, advised of his or her rights, and asked to enter a plea. |
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Capital punishment
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The most severe sentence used in the United States
**Execution |
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Preponderance of the evidence
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The defendant pays a percent of the bond, usually 10 percent, to a bonding agent, who posts the full bail. |
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Information
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The defendant deposits a percentage of the bail amount, typically 10%, with the court. |
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Jury nullification
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A jury's refusal to render a verdict according to the law and fact regardless of the evidence presented
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venire
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The group called for jury duty from which the jury panels are selected
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Arraignment
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After an indictment or information is filed following a grand jury or preliminary hearing, an arraignment takes place before the court that will try the case. The judge informs the defendant of the charges against him or her and appoints counsel if one has not yet been retained.
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Directed verdict
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A procedural device in which the defense attorney asked the judge to order the jury to return a verdict of not guilty
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The Eighth Amendment prohibits excessive bail.
True or False |
True
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Full cash bail
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The defendant pays the full bail amount out of pocket, property can be pledged instead of cash
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Surety bail
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The defendant pays a percent of the bond, usually 10 percent, to a bonding agent, who posts the full bail.
The fee paid to the bonding agent is not returned to the defendant if he or she appears in court. The bonding agent is liable for the full amount of the bond should the defendant fail to appear. Bail bondsman hire bounty hunters to find a defendant who fails to appear for their court date |
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Bail
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The monetary amount required for pretrial release, normally set by a judge at the initial appearance. The purpose of bail is to ensure the return of the accused at subsequent proceedings.
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Release on recognizance (ROR)
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A pretrial release in which defendant with ties to the community is not required to post bail the promises to appear at all subsequent proceedings.
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The indictment process: the grand jury
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The grand jury has two roles:
1. Power to act as an independent investigating body - examines possibility of criminal activity within its jurisdiction directed toward general, not individual, criminal conduct. 2. Access the community's conscience in determining whether an accusation by the state ( the prosecution) justifies a trial. |
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Deposit bail
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The defendant deposits a percentage of the bail amount, typically 10%, with the court.
The deposit is returned if the defendant appears in court. If not then he or she is liable for the full amount. |
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True bill
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The action by a grand jury when its supposed to indict an accused suspect
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No bill
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The action by a grand jury when it votes not to indict an accused suspect
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Indictment
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A written accusation returned by a grand jury, charging an individual with a specific crime after determination of probable cause
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Preventive detention
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The statutory authorization to deny bail to a particular individual who is considered dangerous or a flight risk
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Verdict
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The finding of a jury or judge on question of fact at the trial
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Challenge for cause
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Asking a judge to dismiss a biased juror
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Plea bargaining
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An exchange of prosecutorial and judicial concessions for pleas of guilty
** made between the prosecutor and the defense attorney |
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Incapacitation
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The policies keeping dangerous criminals in confinement to eliminate the risk of their repeating their offense in society
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Specific deterrence
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A crime control policy suggesting that punishment should be severe enough to convince convicted offender is never to repeat their personal activity
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Rehabilitation
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Sentencing is aimed at reducing future criminality by treating and eliminating the underlying causes of crime
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Objectives of criminal sentencing
(7) |
1. General deterrence
2. Incapacitation 3. Specific deterrence 4. Retribution / just desert 5. Diversion 6. equity / restitution 7. Restoration |
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Diversion
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Sentencing is aimed at sparing non-dangerous offenders from the stigma and labeling of a criminal conviction and involvement with the justice process
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General deterrence
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A crime control policy that depends on the fear of criminal penalties. General deterrence measures such as long prison sentences for violent crimes are aimed at convincing potential law violators that the punishment outweighs the benefits of the crime
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Peremptory challenge
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Dismissal of a prospective juror by either the prosecution or the defense for unexplained, discretionary reasons
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Restoration
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Defendant may be asked to confront their behavior, the damage they cause their victim, the shame they brought to their family, friends, and community. The goal is to satisfy everyone's needs and restore the wrongdoer to good standing in society
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Time off for good behavior
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State inmates can accrue standard good time at the rate ranging from 10 to 15 days a month. Federal inmates can get as many as 54 days taken off their sentence each year
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Consecutive sentences
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Prison sentences for two or more criminal acts, served one after the other
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Equity/restitution
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To seek to compensate individual victims and the general Society for their losses due to crime.
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Concurrent sentences
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Prison sentences for two or more criminal acts, serve simultaneously and run together
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Time off for good behavior
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State inmates can accrue standard good tell me the rate ranging from 10 to 15 days a month. Federal inmates can get as many as 54 days taking off their sentence each year
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Three strikes law
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provides lengthy terms for any person convicted of 3 felony offenses even if the third crime is a relatively trivial.
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What factors affect sentencing?
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-The severity of the offense.
-The offender's prior criminal record. -Whether the offender used violence. -Whether the offender used weapons. -Whether the crime was committed for money. |
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Victim impact statement
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A post conviction statement by the victim of crime or the victim's family that may be used to guide sentencing decisions
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Truth in sentencing
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A sentencing scheme requiring that offenders serve at least 85% of their original sentence before being eligible for parole or other forms of early release
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The role of the judge in plea bargaining
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To avoid potential problems judges generally limit their role to approval or disapproval of the plea agreement.
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The role of the victim in plea bargaining
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- statutes do not require the prosecutor defer to the victims wishes, and there are no legal consequences for ignoring the victim in plea bargaining decision
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In early Greece and Rome, the common state administered punishment was...
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Banishment or exile
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Probation
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A sentence entailing the conditional release of a convicted offender into the community under the supervision of the court, subject to certain conditions for a specified time.
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revocation
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And administrative tasks performed by a parole authority that removes a person from parole, or a judicial order by a court removing a person from parole or probation, in response to a violation on part of the parolee or probationer
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revocation
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An administrative task performed by a parole authority that removes a person from parole, or a judicial order by a court removing a person from parole or probation, in response to a violation on part of the parolee or probationer
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Duties of probation officers
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- investigation.
- intake. - diagnosis. - treatment supervision. -Risk classification. |
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Risk classification
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An assessment of the risk level probationers pose to the community and themselves.
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Legal rights of probationers
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Civil rights
Revocation rights |
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How successful is probation?
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-65% of probationers successfully complete their probationary sentence.
- 30 percent are either incarcerated, violate probation rules, abscond, or are otherwise considered unsatisfactory. |
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What causes probation success and Failure?
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Stability- married with children, have lived in the area for 2 or more years, and are adequately employed.
Conviction offense: people with long history of substance abuse do not fare well. Surprisingly, people convicted on sexual offenses seem to do well on probation. Mental stability is also a factor |
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Intermediate sanctions
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The group of punishments falling between probation and prison.
Community based sanctions, including house arrest and intensive supervision, serve as an alternative to incarceration |
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Punishment ladder
- bottom to top |
1. Restorative justice.
2. Pretrial release. 3. Fines. 4. Forfeiture. 5. Probation. 6. Restitution. 7. Intensive probation. 8. House arrest. 9. Electronic monitoring. 10. Residential community center. 11. Shock probation 12. Prison 13. Death penalty |
Res. Jus.
Pre. Rel. Fi. Forf. Prob. Rest. Int. Pro. Hou. Arr. Elec. Mon. Resid. Com. Cen. Sho. Prob. Pri. Dea. Pen. |
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The crime control policy suggesting that crime control should be severe enough to convince convicted offenders never to repeat their criminal activity.
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Specific deterrence
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The philosophy of justice asserting that those who violate the rights of others deserve to be punished, according to the seriousness of the crime.
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Just desert
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Indeterminate sentence is a fixed term of incarceration, such as three years imprisonment.
True or false? |
False
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What are the qualifications for a judge ?
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1. More than 25 years of age, less lesson 70 years of age.
2. Resident of the state. 3. Licensed to practice law. |
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A sentence for two or more criminal acts, served one after the other, is consecutive sentencing.
True or False? |
True.
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What factors effect sentencing?
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Severity of crime, prior criminal record, and social class.
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The action by a grand jury when it falls to invite in a few suspect is...
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True bill
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The action by a grand jury when it fails to indict in a few suspect is...
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True bill
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Court of general jurisdiction
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A state or federal court that has jurisdiction over felony offenses, serious crimes that carry a penalty of incarceration in a state or federal prison for one year or more.
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Appellate court
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A court in which appeals are made on points of law resulting from judgment of the lower court.
The appellate court may be asked to evaluate the impact of new evidence but more typically decides whether the state or federal constitution was improperly interpreted during a case. |
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State court system- 7 members
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1. State Supreme Court
2. Court of Appeals a) appellate court 3. Court of Appeals - trial court a) appellate court b) can reverse decision and have the judge retry the case or set the convicted free or afirm decision. 4. Municipal Court a) misdemeanor offenses b) small monetary amount under $10,000 c) small claims d) civil cases |
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Federal court ( highest court)
9 members (only need 5 in your favor) |
1. Supreme Court - court of last resort
a) two ways to get in - by right - writ of cert 2. Circuit court of appeals 3. District court a) trial court * judges are appointed in federal court , lifetime position **Chief officer of the judicial system is the judge. |
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Judiciary court system
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1. The judge is the senior officer in a court of law, authorized to hear and decide cases.
2. Court staff a) judge b) prosecutor c) defense attorney |
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US Supreme Court
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The highest appellate court in the United States
- also called the court of last resort meaning the court that handles the final appeal on a matter. |
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Writ of certiorari
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An order of a Superior Court requesting that a record of an inferior court - or administrative body - be brought forward for review or inspection.
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Writ of cert
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An order of a Superior Court requesting that a record of an inferior court - or administrative body - be brought forward for review or inspection.
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Arbitration
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A process of dispute resolution in which a neutral third party (arbitrator) renders a decision after having heard both parties.
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Mediation
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An informal dispute resolution process in which a neutral third party (mediater) helps disputing parties reach an agreement
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Prosecutor
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An appointed or elected member of is a practicing bar who is responsible for bringing the state's case against the accused.
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