Criminal Justice Chapter 9

State Court Administrator

A coordinator who assists with case-flow management, operating funds budgeting, and court docket administration.

Defense Counsel

A licensed trial lawyer hired or appointed to conduct the legal defense of a person accused of a crime and to represent him or her before a court of law. • Powell v. Alabama: This 1932 case held that if state defendants charged with a capital crime are unable to afford counsel, the court would appoint one for them. • Johnson v. Zerbst: This 1938 case held that all defendants unable to afford counsel would be appointed one in federal criminal proceedings. • Gideon v. Wainwright: This 1963 case held that all felony defendants unable to afford counsel would be appointed one in state criminal proceedings. • Argersinger v. Hamlin: This 1972 case requires legal representation for anyone facing imprisonment. • In re Gault: This 1967 case granted juveniles the right to appointed counsel.

Community Court

A low-level court that focuses on quality-of-life crimes that erode a neighborhood's morale. Community courts emphasize problem solving rather than punishment and build on restorative principles like community service and restitution.

Juror

A member of a trial or grand jury who has been selected for jury duty and is required to serve as an arbiter of the facts in a court of law. Jurors are expected to render verdicts of "guilty" or "not guilty" as to the charges brought against the accused, although they sometimes fail to do so (as in the case of a hung jury).

Expert Witness

A person who has special knowledge and skills recognized by the court as relevant to the determination of guilt or innocence. Unlike lay witnesses, expert witnesses may express opinions or draw conclusions in their testimony.

State Court System

A state judicial structure. Most states have at least three court levels: trial courts, appellate courts, and a state supreme court.

Subpoena

A written order issued by a judicial officer or grand jury requiring an individual to appear in court and to give testimony or to bring material to be used as evidence. Some subpoenas mandate that books, papers, and other items be surrendered to the court. • These witnesses are paid even if they are federal prisoners (Demarest v. Manspeaker).

Public Defender

An attorney employed by a government agency or subagency, or by a private organization under contract to a government body, for the purpose of providing defense services to indigents, or an attorney who has volunteered such service. • Contractual Arrangements • Contractual arrangement refers to a system through which individual attorneys, local bar associations, or law firms are paid to provide defense services to indigent defendants on a contractual basis. • Defendants can also waive their right to an attorney and undertake their own defense (Faretta v. California). • Nix v. Whiteside: Lawyers have a duty to reveal known instances of client perjury.

Prosecutor

An attorney whose official duty is to conduct criminal proceedings on behalf of the state or the people against those accused of having committed criminal offenses.

Judge

An elected or appointed public official who presides over a court of law and who is authorized to hear and sometimes to decide cases and to conduct trials.

Lay Witness

An eyewitness, character witness, or other person called on to testify who is not considered an expert. Lay witnesses must testify to facts only and may not draw conclusions or express opinions.

Dispute-Resolution Center

An informal hearing place designed to mediate interpersonal disputes without resorting to the more formal arrangements of a criminal trial court.

Victims' Assistance Program

An organized program that offers services to victims of crime in the areas of crisis intervention and follow-up counseling that helps victims secure their rights under the law.

Exculpatory Evidence

Any information having a tendency to clear a person of guilt or blame. • U.S. v. Bagley: The Supreme Court ruled that the prosecution must disclose any evidence that the defense requests. • Prosecutors are generally immune from civil liability (Imbler v. Pachtman) but are not completely immune when giving legal advice to the police (Burns v. Reed).

Appeal

Generally, the request that a court with appellate jurisdiction review the judgment, decision, or order of a lower court and set it aside (reverse it) or modify it • Keeney v. Tamayo-Reyes: The U.S. Supreme Court ruled that a federal evidentiary hearing will occur only if the defendant can demonstrate some reason for not developing those facts at the state level or if he or she can show a fundamental miscarriage of justice from failure to hold such a hearing. • Herrera v. Collins: New evidence of innocence is no reason for a federal court to order a new state trial.

Trial de novo

Literally, "new trial." The term is applied to cases that are retried on appeal, as opposed to those that are simply reviewed on the record.

Court of Last Resort

The court authorized by law to hear the final appeal on a matter.

Bailiff

The court officer whose duties are to keep order in the courtroom and to maintain physical custody of the jury.

Prosecutorial Discretion

The decision-making power of prosecutors, based upon the wide range of choices available to them, in the handling of criminal defendants, the scheduling of cases for trial, the acceptance of negotiated pleas, and so on. The most important form of prosecutorial discretion lies in the power to charge, or not to charge, a person with an offense. • Prosecutors must assist the defense in preparing a case for trial by providing evidence in their possession. • Brady v. Maryland: The Supreme Court held that the prosecution is required to disclose exculpatory evidence that relates to the guilt or innocence of a defendant.

Original Jurisdiction

The lawful authority of a court to hear or to act on a case from its beginning and to pass judgment on the law and the facts. The authority may be over a specific geographic area or over particular types of cases.

Appellate Jurisdiction

The lawful authority of a court to review a decision made by a lower court.

Change of Venue

The movement of a trial or lawsuit from one jurisdiction to another or from one location to another within the same jurisdiction. A change of venue may be made in a criminal case to ensure that the defendant receives a fair trial.

Judicial Review

The power of a court to review actions and decisions made by other agencies of government. • Marbury v. Madison: Establishes the Court's authority as final interpreter of the U.S. Constitution.

Courtroom Work Group

The professional courtroom actors, including judges, prosecuting attorneys, defense attorneys, public defenders, and others who earn a living serving the court.

Jurisdiction

The territory, subject matter, or people over which a court or other justice agency may exercise lawful authority, as determined by statute or constitution.

Federal Court System

The three-tiered structure of federal courts, comprising U.S. district courts, U.S. courts of appeal, and the U.S. Supreme Court.