Chapter 9 Criminal Courts

Courts of Original Jurisdiction

Courts of the first instance; these courts have the ability to try cases but also include our appellate courts of appeals

Inferior/ Lower Courts

Deal with matters of relatively lesser consequences

Prosecutors

Determine charge, level of charge, number of offenses, whether they should plea bargain or take to trial or Nolle Prosequie

Bench Trial

Determine guilt or innocence of defendant

Overruled Objection

Doesn't agree with objection, allowing other attorney to continue with their line of questioning or presentation of evidence

US Supreme Court

National COLR = only judicial body created by the Constitution

Nolle Prosequi

Not charging a suspect

Determinate Sentencing

Permits judges to impose fixed sentences that cannot be altered by the parole board

Judges

Primary responsibility in criminal court is to adjudicate

Internal Pressure

Prosecutors case load, availability of resources

Organizational

Looks at internal and external pressures that prosecutors face

Evidential Charging Consideration

Absence or presence of proof about required legal elements necessary in a criminal case

Sustains Objection

Agreeing with attorney's objection that the question was out of line

Indeterminate Sentencing

Allows the judge to set minimum/ maximum sentence within the limits of the legislature

Sentencing Decisions

Based on 3 factors 1. Blameworthiness 2. Prior Record 3. Implications of sending someone to prison

Pre-Sentence Report

Conducted by a probation officer into an offenders background to assist the judge in deterring an appropriate sentence

Appellate Courts

Correct any errors that have been made by our trial courts

Powell v. Alabama

Court decision in 1932; SC ruled any defendant accused of capital offense has right to counsel

Gideon v. Wainwright

Court decision in 1963; SC says indigent (poor) defendants must be provided legal counsel in non-capital cases

Civil Jurisdiction

Entails hearing and deciding cases of bankruptcy, small claims, family, etc.

Criminal Jurisdiction

Entails hearing and deciding individuals who have been charged with misdemeanors and felonies

Superior/ General Courts

Have jurisdiction over the most significant of human affairs

External Pressure

Public opinon on case, famous victims or offenders, dealing with cases with large sums of money

Truth in Sentencing Laws

Reduce possibility of early release from prison and offenders reoffending

Prosecutors

Represent State at every level of criminal proceedings; also known has District Attorney or DA

Defense Attorney

Represents defendant at all critical stages of criminal court proceedings

Violent Crime and Law Enforcement Act of 1994

Required states that wished to qualify for federal financial aid to change their laws

Pragmatic

Results from prosecutors duty to both society and accused

Court of Last Resort

Supreme Court of the State; have an odd number of judges