Criminal Courts study guide
Duncan vs. Louisiana pertained to ?
Denied trial by jury and supreme court overturned it
exclusionary ryle
Mapp Vs Ohio evidence obtained in violation of privileges guaranteed by U.S
Depositions
a written record of what ones testimony is as indication of its relevance
gag order
all members including jurors must refrain from discussing the case
Initial appearance
arraignment, 1st time you go before a magistrate
why people are opposed to plea bargain
-people dont want to admit to charges they did not do -people are forced -forfeit the right to jury
minimum number of people that can serve on a jury
6
what amendment gives a person the right to a jury trial
6th
How many justices are on the U.S supreme court
9
Strickland vs. Washington dealt with what?
Attorney competence Strickland standards
Batson Vs. Kentucky
Black man convicted by a white jury and the possible black jurors were eliminated
Law
Body of rule of specific conduct, enforced by legitimate authority
first state to create a judicial conduct commission
California
where were victim offender reconciliation projects established
Canada Kitchner Ontario
first juvenile court act was pass in
Illinois 1899
What was operational greylord
Investigation on Judicial misconduct in Illinois
Statutory Law
Legislative prohibited laws
Nominal disposition
Pulling juveniles into the juvenile justice system who wouldn't otherwise be involved in delinquent activity; applies to many status offenders,
Nonpartisan elections
candidate is not affiliated w/ any party. usually to fill vacancy
nolle prosequi
charges dropped against defendant
mediation
civil means of settling a case involving a arbitrator to resolute cases
where was diversion first used
cook country Illinois 1899
Juvenile Exclusive blend
court judge can impose either adult or juvenile incarceration as disposition
Kales plan
creates a list of qualified persons for judgeship
status offense
crime b/c of their age, curfew, smoking, skipping school
Pleas Bargain
deal b/w state & accused. for reduced charges
contributory negligence
doc that holds the defendant
Eight amendment prohibits
excessive bail
what is the court of public opinion
form bias from media/talk shows
U.S District Court
general jurisdiction. most civil and criminal cases are tried and disposed in District courts
Frivolous lawsuit
groundless often dismissed before going to trial
circuit courts
hear appeals from decisions in U.S district court within Fed Court System
Grand Jury
investigative bodes. determine probable cause regarding commission of crime end return formal charges against suspect
Common Law
is prevalent, traditional, or customary in a given jurisdiction
What did Roper v Simmons set fourth
its unconstitutional to enforce capital punishment to anyone under 18 and juveniles can not be executed
pre-sentence investigation report
look at past history, home life, medical history. crime history
Petty offense
minor infraction of crimes punishable by fine or short term incarceration
extralegal factor
nonlegal nature, people do not look at race, gender, economic status
restitution
offender must compensate victims for their financial losses resulting from crime, psychological, physical, or financial
percentage of convictions are obtained through a plea bargain
over 90%
indeterminate sentencing
parole board, or probation officer determines early release
sentencing
process of imposing a punishment on a convicted person following a criminal conviction. penalty phase
custodial dispostion
putting a youth in secure place (detention center)
Probable cuase
reasonable grounds ex smell weed
subject matter jurisdiction
refers to the type cases the court has authority to hear
goals of punishment
retribution, incapacitation, rehabilitation, restoration, deterrence
Sixth Admanenment
right to have defense and counsel
Parense patrie
state can step in as guardian for juveniles
Inculpatory evidence
testimony or other forms of evidence that shows defendant is guilty
Exculpatory evidence
testimony or other forms of evidence that shows defendant is innocent