Crj test #3 chapter 9-11
Children as Witnesses
An area of special concern is the use of children as witnesses in a criminal trial, especially when the children are also victims. Currently, in an effort to avoid what may be traumatizing direct confrontations between child witnesses and the accused, 37 states allow the use of videotaped testimony in criminal courtrooms, and 32 permit the use of closed-circuit television, which allows the child to testify out of the presence of the defendant. In
judge -major members of the professional court work group
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. The trial judge has the primary duty of ensuring justice. The trial judge has the responsibility for safeguarding both the rights of the accused and the interests of the public in the administration of criminal justice.
dispute-resolution center
An informal hearing place designed to mediate interpersonal disputes without resorting to the more formal arrangements of a criminal trial court. or It is often possible to resolve minor disputes without a formal court hearing. Some communities have disputeresolution centers, which hear victims' claims of minor wrongs such as passing bad checks, trespassing, shoplifting, and petty theft.
unsecured bond -types of prereleases
An unsecured bond is based on a court-determined dollar amount of bail. Like a credit contract, it requires no monetary deposit with the court. The defendant agrees in writing that failure to appear will result in forfeiture of the entire amount of the bond, which might then be taken in the seizure of land, personal property, bank accounts, and so on.
First Appearance -different court stages of criminal prosecution
Appearance after arrest when suspects must be brought before a magistrate (a judicial officer) for an initial appearance. The judge will tell them of the charges against them, will again advise them of their rights, and may sometimes provide the opportunity for bail or pretrial release arranged. Also called initial appearance
assigned counsel -major members of the professional court work group
Assigned counsel, also known as court-appointed panel attorneys, are usually drawn from a roster of all practicing criminal attorneys within the jurisdiction of the trial co
assigned council -How are the types of defense attorneys
Assigned counsel, also known as court-appointed panel attorneys, are usually drawn from a roster of all practicing criminal attorneys within the jurisdiction of the trial court. Their fees are paid at a rate set by the state or local government. These fees are typically low, however, and may affect the amount of effort an assigned attorney puts into a case.
closing arguments -know the major parts of a trial
At the conclusion of a criminal trial, both sides have the opportunity for a final narrative presentation to the jury in the form of a closing argument. This summation provides a review and analysis of the evidence. Its purpose is to persuade the jury to draw a conclusion favorable to the presenter. Testimony can be quoted, exhibits referred to, and attention drawn to inconsistencies in the evidence presented by the other side.
voir dire
During jury selection, both prosecution and defense attorneys question potential jurors in a process known as voir dire examination. Jurors are expected to be unbiased and free of preconceived notions of guilt or innocence.
Real evidence -type of evidence
Evidence that consists of physical material or traces of physical activity Real evidence, which may be either direct or circumstantial, consists of physical material or traces of physical activity. Weapons, tire tracks, ransom notes, and fingerprints all fall into the category of real evidence. Real evidence, sometimes called physical evidence, is introduced in the trial by means of exhibits. Exhibits are objects or displays that, after having been formally accepted as evidence by the judge, may be shown to members of the jury. Documentary evidence, one type of real evidence, includes written evidence like business records, journals, written confessions, and letters. Documentary evidence can extend beyond paper and ink to include stored computer data and video and audio recordings.
circumstantial evidence -type of evidence
Evidence that requires interpretation or that requires a judge or jury to reach a conclusion based on what the evidence indicates. From the proximity of the defendant to a smoking gun, for example, the jury might conclude that he or she pulled the trigger.
direct evidence -type of evidence
Evidence that, if believed, directly proves a fact. Direct evidence, if believed, proves a fact without requiring the judge or jury to draw inferences. For example, direct evidence may consist of the information contained in a photograph or a videotape. It might also consist of testimonial evidence provided by a witness on the stand. A straightforward statement by a witness ("I saw him do it!") is a form of direct evidence.
dying declaration
Exceptions to the hearsay rule have been established by both precedent and tradition. One exception is the dying declaration. A dying declaration is a statement made by a person who is about to die. When heard by a second party, it may usually be repeated in court, provided that certain conditions have been met. If the person survives, however, the statement is still admissible if it can be shown that the person absolutely believed that they were about to die
Hearsay Rule exceptions to the hearsay rule
Hearsay is anything not based on the personal knowledge of a witness. A witness may say, for example, "John told me that Fred did it!" Such a witness becomes a hearsay declarant, and following a likely objection by counsel, the trial judge will have to decide whether the witness's statement will be allowed to stand as evidence. In most cases, the judge will instruct the jury to disregard the witness's comment, thereby enforcing the hearsay rule, which prohibits the use of "secondhand evidence." Exceptions to the hearsay rule may occur when the person with direct knowledge is dead or is otherwise unable to testify. (dying declaration)
Missouri Plan
In 1940, Missouri became the first state to adopt a plan for the "merit selection" of judges based on periodic public review. if you need more details. I don't think its needed but It requires candidates for judicial vacancies to undergo screening by a nonpartisan state judicial nominating committee. Candidates selected by the committee are reviewed by an arm of the governor's office, which selects a final list of names for appointment. Incumbent judges must face the electorate after a specified term in office. They then run unopposed in nonpartisan elections in which only their records may be considered. Voters have the choice of allowing a judge to continue in office or asking that another be appointed to take his or her place.
the Crime Victims Right Act
In 2004, the U.S. Senate passed the Crime Victims' Rights Act as part of the Justice for All Act. Some saw the legislation as at least a partial statutory alternative to a constitutional victims' rights amendment. The Crime Victims' Rights Act establishes statutory rights for victims of federal crimes and gives them the necessary legal authority to assert those rights in federal court. The act grants the following rights to victims of federal crimes
Marbury v. Madison (1803)
In an opinion written for the case of Marbury v. Madison (1803), Chief Justice John Marshall established the Court's authority as final interpreter of the U.S. Constitution, declaring, "It is emphatically the province of the judicial department to say what the law is."
reasonable doubt - major types of legal standards of proof
Most judges also remind jury members of the statutory elements of the alleged offense, of the burden of proof that rests on the prosecution, and of the need for the prosecution to have proved the defendant's guilt beyond a reasonable doubt before the jury can return a guilty verdict. The reasonable doubt standard is the single most important criterion for determining the level of proof necessary for conviction in criminal trials. If the prosecutor fails to prove a defendant's guilt beyond a reasonable doubt, then the jury must return a not-guilty verdict.
What do most appellate courts review and rule on?
Most states today have an appellate division where people can appeal a decision against them.
rehabilitation
Rehabilitation seeks to bring about fundamental changes in offenders and their behavior. or The attempt to reform a criminal offender. Also, the state in which a reformed offender is said to be.
Gregg v. Georgia
Reinstated death penalty but required that trials for capital offenses had to be conducted in two separate parts (bifurcated trial). The two parts listens to aggravating factors and mitigating facors to decide if you deserve the death penalty or just life in prison.
release on recognizance -types of prereleases
Release on recognizance (ROR) involves no cash bond, requiring as a guarantee only that the defendant agree in writing to return for further hearings as specified by the court.
Third-party custody -types of prereleases
Third-party custody is a bail bond alternative that assigns custody of the defendant to an individual or agency promising to ensure his or her later appearance in court. If a defendant fails to appear, the attorney's privilege to participate in the program may be ended.
Probable cause Hearing -different court stages of criminal prosecution
"Probable Cause" (A first appearance may involve a probable cause hearing, especially when arrests are made without a warrant. A judicial officer will review police documents and reports to ensure that probable cause supports the arrest.). This points to "First Appearance."
major reasons to oppose capital punishment;
-Innocent People Have Been Executed -The death penalty is not an effective deterrent, and numerous studies have shown the truth of that assertion. -The imposition of the death penalty is, by the very nature of our legal system, arbitrary. Effective legal representation and access to the courts is differentially available to people with varying financial and other resources -The death penalty discriminates against certain ethnic and racial groups. -Because of all the appeals involved in death penalty cases, the cost to a state can run into the millions of dollars for each execution. -Killing at the hands of the state is not a righteous act but instead lowers all of us to the same moral level as the crimes committed by the condemned.
major reasons to support capital punishment;
-Some people deserve to die for what they have done. Death is justly deserved; anything less cannot suffice as a sanction for the most heinous crimes. -Capital punishment can be seen as revenge for the pain and suffering that the criminal inflicted on the victim. In Gregg v. Georgia, the justices of the U.S. Supreme Court wrote that "[t]he instinct for retribution is part of the nature of man." Hence, sentencing a capital offender to death can provide closure to a victim's family members. -Executed offenders cannot commit further crimes; and execution serves as an example to other would-be wrongdoers of the fate that awaits them. Moreover, society has a duty to act in defense of others, and to protect its innocent members. -Closure for victims' friends and family -In capital cases, the prosecutor represents the victim and victims' rights. Were it not for that, murder victims would be mere statistics for many uninvolved people
What does the 6th amendment grant defendants?
-right to counsel -right to jury trial -right to public trial -right to speedy trial -self-representation
Can a person convicted in a state court appeal to a federal court? Why or why not?
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what is the minimum age to be sentenced to death in the U.S.
18 By a vote of 5-4, the U.S. Supreme Court held in Roper v. Simmons (2005) that the Eighth Amendment forbids the execution of offenders who were under the age of 18 when their crimes were committed.
justice reinvestment
A data-driven approach to criminal justice reform that examines and addresses justice system expenditures and population drivers in order to generate cost-saving that are then reinvested in high-performing public safety strategies.
deterrence
A goal of criminal sentencing that seeks to inhibit criminal behavior through the fear of punishment.
specific deterrence
A goal of criminal sentencing that seeks to prevent a particular offender from engaging in repeat criminality.
general deterrence
A goal of criminal sentencing that seeks to prevent others from committing crimes similar to the one for which a particular offender is being sentenced by making an example of the person sentenced
Grand jury -different court stages of criminal prosecution
A group of jurors who have been selected according to law and have been sworn to hear the evidence and to determine whether there is sufficient evidence to bring the accused person to trial, to investigate criminal activity generally, or to investigate the conduct of a public agency or official.
hung jury
A jury that, after long deliberation, is so irreconcilably divided in opinion that it is unable to reach any verdict.
jurors -major members of the professional court work group
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).
determinate sentencing -Know the types of sentences
A model of criminal punishment in which an offender is given a fixed term of imprisonment that may be reduced by good time or gain time. Under the model, for example, all offenders convicted of the same degree of burglary would be sentenced to the same length of time behind bars. Also called fixed sentencing.
structured sentencing -Know the types of sentences
A model of criminal punishment that includes determinate and commission-created presumptive sentencing schemes, as well as voluntary/advisory sentencing guidelines.
presumptive sentencing -Know the types of sentences
A model of criminal punishment that meets the following conditions: (1) The appropriate sentence for an offender convicted of a specific charge is presumed to fall within a range of sentences authorized by sentencing guidelines that are adopted by a legislatively created sentencing body, usually a sentencing commission. (2) Sentencing judges are expected to sentence within the range or to provide written justification for failing to do so. (3) There is a mechanism for review, usually appellate, of any departure from the guidelines.
nolo contendere
A nolo contendere (no-contest) plea is much the same as a guilty plea. A defendant who pleads "no contest" is immediately convicted and may be sentenced just as though he or she had pleaded guilty. A no-contest plea, however, is not an admission of guilt and provides one major advantage to defendants: It may not be used later as a basis for civil proceedings that seek monetary or other damages against the defendant.
expert witness -major members of the professional court work group
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. Their testimony at trial provides an effective way of introducing scientific evidence in such areas as medicine, psychology, ballistics, crime scene analysis, photography, and many other disciplines.
expert witness - the types of witnesses that can be part of a trial
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. Their testimony at trial provides an effective way of introducing scientific evidence in such areas as medicine, psychology, ballistics, crime scene analysis, photography, and many other disciplines.
public defender -major members of the professional court work group
A public defender is a state-employed lawyer defending indigent defendants
Public Defenders -How are the types of defense attorneys
A public defender is a state-employed lawyer defending indigent defendants. A public defender program relies on full-time salaried staff. Staff members include defense attorneys, defense investigators, and office personnel.
probable cause - major types of legal standards of proof
A set of facts and circumstances that would induce a reasonably intelligent and prudent person to believe that a specified person has committed a specified crime. Also, reasonable grounds to make or believe an accusation. Probable cause refers to the necessary level of belief that would allow for police seizures (arrests) of individuals and full searches of dwellings, vehicles, and possessions.
mandatory sentencing -Know the types of sentences
A structured sentencing scheme that allows no leeway in the nature of the sentence required and under which clearly enumerated punishments are mandated for specific offenses or for habitual offenders convicted of a series of crimes.
Daubert standard
A test of scientific acceptability applicable to the gathering of evidence in criminal cases.
indeterminate sentence and indeterminate sentencing -Know the types of sentences
A type of sentence imposed on a convicted criminal that is meant to encourage rehabilitation through the use of relatively unspecific punishments (such as a term of imprisonment of from one to ten years). indeterminate sentencing A model of criminal punishment that encourages rehabilitation through the use of general and relatively unspecific sentences (such as a term of imprisonment of from one to ten years).
state court
A typical state court system consists of trial courts of limited jurisdiction, trial courts of general jurisdiction, and appellate courts—usually including a state supreme court. State courts have virtually unlimited power to decide nearly every type of case, subject only to the limitations of the U.S. Constitution, their own state constitutions, and state law. It is within state courts that the large majority of criminal cases originate.
subpoena
A written document called a subpoena officially notifies witnesses that they are to appear in court to testify. Subpoenas are generally served by an officer of the court or by a police officer, though they are sometimes mailed
charge to jury -know the major parts of a trial
After closing arguments, the judge charges the jury to "retire," select one of its number as a foreman, and deliberate on the evidence that has been presented until it has reached a verdict. The words of the judge's "charge" vary somewhat between jurisdictions and among judges, but all judges will remind members of the jury of their duty to consider objectively only the evidence that has been presented and of the need for impartiality.
true bill
After hearing the evidence, the grand jury votes on the indictment presented to it by the prosecution. The indictment is a formal listing of proposed charges. If the majority of grand jury members agree to forward the indictment to the trial court, it becomes a "true bill" on which further prosecution will turn.
aggravating circumstances
Aggravting circumstances call for a tougher sentence and may include especially heinous behavior, cruelty, injury to more than one person, and so on. Aggravating circumstances call for a tougher sentence and may include especially heinous behavior, cruelty, injury to more than one person, and so on. idk if we need to know them but these are aggravating circumstances -The defendant induced others to participate in the commission of the offense. -The offense was especially heinous, atrocious, or cruel. -The defendant was armed with or used a deadly weapon during the crime. -The defendant committed the offense to avoid or prevent a lawful arrest or to escape from custody. -The offense was committed for hire. -The offense was committed against a current or former law enforcement or corrections officer while engaged in the performance of official duties or because of the past exercise of official duties. -The defendant took advantage of a position of trust or confidence to commit the offense.
opening arguments -know the major parts of a trial
Although the words argument and statement are sometimes used interchangeably to refer to opening remarks, defense attorneys are enjoined from drawing conclusions or "arguing" to the jury at this stage in the trial. Their task, as described in the section that follows, is simply to explain to the jury how the defense will be conducted.
Furman v. Georgia
Banned the Death penalty in way it was applied was unconstitutional. Due to a huge racial bias, the government made all states submit proof to the U.S. Supreme Court that their use of the death sentence was fair, equitable, and proportional to the crime.
challenge to the array
Challenges to the array signify the belief, generally by the defense attorney, that the pool from which potential jurors are to be selected is not representative of the community or is biased in some significant way. A challenge to the array is argued before the hearing judge before jury
mitigating circumstances
Circumstances relating to the commission of a crime that may be considered to reduce the blameworthiness of the defendant. mitigating circumstances include such things as cooperation with the investigating authority, surrender, and good character idk if we need to know them but these are mitigating circumstances -The defendant has no record of criminal convictions punishable by more than 60 days of imprisonment. -The defendant has made substantial or full restitution. -The defendant has been a person of good character or has had a good reputation in the community. -The defendant aided in the apprehension of another felon or testified truthfully on behalf of the prosecution. -The defendant acted under strong provocation, or the victim was a voluntary participant in the criminal activity or otherwise consented to it. -The offense was committed under duress, coercion, threat, or compulsion that was insufficient to constitute a defense but that significantly reduced the defendant's culpability. -At the time of the offense, the defendant was suffering from a mental or physical condition that was insufficient to constitute a defense but that significantly reduced the defendant's culpability.
What is a community court?
Community courts typically divert offenders from criminal prosecution, incarceration, or other typical criminal justice outcomes. They may sentence convicted offenders to work within the community, "where neighbors can see what they are doing.
Conditional release -types of prereleases
Conditional release imposes requirements on the defendant, such as participating in a drug-treatment program; staying away from specified others, such as potential witnesses; and working at a regular job.
Deposit bail -types of prereleases
Deposit bail is an alternative form of cash bond available in some jurisdictions. Deposit bail places the court in the role of the bail bond agent, allowing the defendant to post a percentage of the full bail with the court. If the defendant fails to appear for court, the entire amount of court-ordered bail is forfeited.
Jury Deliberations and the Verdict -know the major parts of a trial
In cases in which the evidence is either very clear or very weak, jury deliberations may be brief, lasting only a matter of hours or even minutes. Some juries, however, deliberate days or sometimes weeks, carefully weighing all the nuances of the evidence they have seen and heard. Many jurisdictions require that juries reach a unanimous verdict, although the U.S. Supreme Court has ruled that unanimous verdicts are not required in noncapital cases.98 Even so, some juries are unable to agree on any verdict. When a jury is deadlocked, it is said to be a hung jury. When a unanimous decision is required, juries may be deadlocked by the strong opposition of several members or of only one member to a verdict agreed on by all the others.
Trial -different court stages of criminal prosecution
In criminal proceedings, the examination in court of the issues of fact and relevant law in a case for the purpose of convicting or acquitting the defendant. 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.
lay witness -major members of the professional court work group
Lay witnesses may be eyewitnesses who saw the crime being committed or who came upon the crime scene shortly after the crime occurred. Another type of lay witness is the character witness, who frequently provides information about the personality, family life, business acumen, and so on of the defendant in an effort to show that this is not the kind of person who would commit the crime with which he or she is charged.
lay witness - the types of witnesses that can be part of a trial
Lay witnesses may be eyewitnesses who saw the crime being committed or who came upon the crime scene shortly after the crime occurred. Another type of lay witness is the character witness, who frequently provides information about the personality, family life, business acumen, and so on of the defendant in an effort to show that this is not the kind of person who would commit the crime with which he or she is charged.
legal guilt
Legal guilt is not as clear. Legal guilt is established only when the prosecutor presents sufficient evidence to convince the judge (where the judge determines the verdict) or the jury that the defendant is guilty as charged. The distinction between factual guilt and legal guilt is crucial because it points to the fact that the burden of proof rests with the prosecution, and it indicates the possibility that guilty defendants may nonetheless be found "not guilty."
trial de novo
Literally, "new trial." When a new trial is held The term is applied to cases that are retried on appeal, as opposed to those that are simply reviewed on the record.
Mandatory jurisdiction
Mandatory jurisdiction means that U.S. courts of appeals are required to hear the cases brought to them. Criminal appeals from federal district courts are usually heard by panels of three judges sitting on a court of appeals rather than by all the judges of each circuit
Trial Court Administrators -major members of the professional court work group
Many states now employ trial court administrators whose job is to facilitate the smooth functioning of courts in a judicial district or area.
victim -major members of the professional court work group
Not all crimes have clearly identifiable victims, and in a murder case, the victim does not survive. Where there is an identifiable surviving victim, however, he or she is often one of the most forgotten people in the courtroom. Although the victim may have been profoundly affected by the crime itself and is often emotionally committed to the proceedings and trial outcome, he or she may not even be permitted to participate directly in the trial process.
How does plea bargaining work and how does plea bargaining affect most cases?
Plea bargaining is a process of negotiation that usually involves the defendant, the prosecutor, and the defense counsel. It is founded on the mutual interests of all involved. Defense attorneys and their clients will agree to a plea of guilty when they are unsure of their ability to win acquittal at trial. Prosecutors may be willing to bargain because the evidence they have against the defendant is weaker than they would like it to be. Plea bargaining offers prosecutors the additional advantage of a quick conviction without the need to commit the time and resources necessary for trial. Benefits to the accused include the possibility of reduced or combined charges, lower defense costs, and a shorter sentence than might otherwise be anticipated. The U.S. Supreme Court has held that a guilty plea constitutes conviction.36 To validate the conviction, negotiated pleas require judicial consent. Judges often accept pleas that are the result of a bargaining process because such pleas reduce the court's workload. Although few judges are willing to guarantee a sentence before a plea is entered, most prosecutors and criminal trial lawyers know what sentences to expect from typical pleas.
retained counsel
Private attorneys either have their own legal practices or work for law firms in which they are partners or employees.
What is a problem-solving court?
Problem-solving courts generally handle special populations or address special issues. Some hear only cases involving veterans, others focus on the needs of the mentally ill or the homeless. Still others handle only sex offenders charged with less or offenses Low-level specialized courts that focus on relatively minor offenses and handle special populations or address special issues. Problem-solving courts are often a form of community courts.
property bonds -types of prereleases
Property bonds substitute other items of value in place of cash. Land, houses, automobiles, stocks, and so on may be consigned to the court as collateral against pretrial flight.
Proportionality of the sanctions
Proportionality refers to the belief that the severity of sanctions should bear a direct relationship to the seriousness of the crime committed.
Reasonable suspicion - major types of legal standards of proof
Reasonable suspicion, which is a general and reasonable belief that a crime is in progress or has occurred, should be differentiated from probable cause. Reasonable suspicion provides the basis for the brief detention of a person, but is not enough for arrest.
Restoration
Restoration is a sentencing goal that seeks to address this damage by making the victim and the community "whole again."
Signature bonds -types of prereleases
Signature bonds allow release based on the defendant's written promise to appear. Signature bonds involve no particular assessment of the defendant's dangerousness or likelihood of later appearance in court. They are used only in cases of minor offenses like traffic-law violations and some petty drug-law violations
Indigent Defense
The Sixth Amendment to the U.S. Constitution guarantees criminal defendants the effective assistance of counsel. A series of U.S. Supreme Court decisions has established that defendants who are unable to pay for private criminal defense attorneys will receive adequate representation at all stages of criminal justice processing
Spectators and the press
Spectators and the press include members of the families of both victim and defendant, friends of either side, and curious onlookers—some of whom are avocational court watchers. Journalists, TV reporters, and other members of the press are apt to be present at "spectacular" trials and at those in which there is a great deal of community interest. -6th amendment allows them to be present at trial -press creates problems for justice system
Know the general structure of the two court systems (state and federal) in the U.S.
States that followed the federal model developed a three-tiered structure of (1) trial courts of limited jurisdiction, (2) trial courts of general jurisdiction, and (3) appellate courts
Clerk of court -major members of the professional court work group
The clerk maintains all records of criminal cases, including all pleas and motions made both before and after the actual trial. The clerk also prepares a jury pool, issues jury summonses, and subpoenas witnesses for both the prosecution and the defense. During the trial, the clerk (or an assistant) marks physical evidence for identification as instructed by the judge and maintains custody of that evidence. The clerk also swears in witnesses and performs other functions as the judge directs.
day fine
The day-fine system is based on the idea that fines should be proportionate to the severity of the offense but also need to take into account the financial resources of the offender.
McNabb v. U.S.
The 1943 U.S. Supreme Court case of McNabb v. U.S. established that any unreasonable delay in an initial court appearance would make confessions inadmissible if interrogating officers obtained them during the delay. Based on the McNabb decision, 48 hours following arrest became the standard maximum time by which a first appearance should be held.
McNabb v. U.S.
The 1943 U.S. Supreme Court case of McNabb v. U.S.3 established that any unreasonable delay in an initial court appearance would make confessions inadmissible if interrogating officers obtained them during the delay. Based on the McNabb decision, 48 hours following arrest became the standard maximum time by which a first appearance should be held.
What does th 5th amendment grant defendants?
The Fifth Amendment to the U.S. Constitution -makes it clear that no person may be tried twice for the same offense - no double jeopardy. -it also states that no one can be tried for a serious crime without an indictment. -also protects an accused person's right to remain silent. (self-incrimination). -The Fifth Amendment states that no one may be denied life, liberty, or property "without due process of law." (due process)
How does a case usually arrive at the U.S. Supreme Court to be heard?
The Supreme Court reviews the decisions of lower courts and may accept cases both from U.S. courts of appeals and from state supreme courts. It has limited original jurisdiction and does not conduct trials except in disputes between states and in some cases of attorney disbarment. For a case to be heard, at least four justices must vote in favor of a hearing. When the Court agrees to hear a case, it will issue a writ of certiorari to a lower court, ordering it to send the records of the case forward for review. Once having granted certiorari, the justices can revoke the decision. In such cases, a writ is dismissed by ruling that it was improvidently granted.
know the ideologies of retribution
The act of taking revenge on a criminal perpetrator. Early punishments were immediate—often without the benefit of a hearing—and they were often extreme, with little thought given to whether the punishment "fit" the crime. Death and exile, for example, were commonly imposed, even for relatively minor offenses. The Old Testament dictum of "an eye for an eye, a tooth for a tooth"—often cited as an ancient justification for retribution—was actually intended to reduce the severity of punishment for relatively minor crimes.
advocacy model
The advocacy model makes clear that it is not the job of the defense attorney or the prosecution to decide the guilt of any defendant. Hence, even defense attorneys who are convinced that their clients are guilty are still exhorted to offer the best possible defense and to counsel their clients as effectively as possible.
Arraignment -different court stages of criminal prosecution
The arraignment is "the first appearance of the defendant before the court that has the authority to conduct a trial."35 At arraignment, the accused individuals stand before a judge and hear the information, or indictment, against them as it is read. Defendants are again notified of their rights and are asked to enter a plea. Acceptable pleas generally include (1) not guilty, (2) guilty, and (3) no contest (nolo contendere), which may result in conviction but can't be used later as an admission of guilt in civil proceedings. First appearance must be held within 48 hours after arrest
bailiff -major members of the professional court work group
The bailiff, another member of the professional courtroom work group, is usually an armed law enforcement officer. The job of the bailiff, also called a court officer, is to ensure order in the courtroom, to announce the judge's entry into the courtroom, to call witnesses, and to prevent the escape of the accused, keep order
"nothing works" doctrine
The belief, popularized by Robert Martinson in the 1970s, that correctional treatment programs have had little success in rehabilitating offenders. With as many as 90% of former convicted offenders returning to lives of crime following release from prison-based treatment programs, public sentiments in favor of incapacitation grew.
Prosecutorial Discretion -major members of the professional court work group
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 bargained pleas, and so on
the defense counsel -major members of the professional court work group
The defense counsel is a trained lawyer who may specialize in the practice of criminal law. The task of the defense counsel is to represent the accused as soon as possible after arrest and to ensure that the defendant's civil rights are not violated during processing by the criminal justice system. Other duties of the defense counsel include testing the strength of the prosecution's case, taking part in plea negotiations, and preparing an adequate defense to be used at trial.
The federal court
The federal court system consists of three levels: U.S. district courts, U.S. courts of appeals, and the U.S. Supreme Court. U.S. district courts are the trial courts of the federal system and are located principally in larger cities. They decide only those cases over which the Constitution gives them authority. The highest federal court, the U.S. Supreme Court, is located in Washington, DC, and hears cases only on appeal from lower courts.
perjury perjury
The intentional making of a false statement as part of the testimony by a sworn witness in a judicial proceeding on a matter relevant to the case at hand.
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.
Know the terms of 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. (1) a change of venue, whereby the trial is moved to another jurisdiction less likely to have been exposed to the publicity; (2) trial postponement, which would allow for memories to fade and emotions to cool; and (3) jury selection and screening to eliminate biased people from the jury pool.
prosecutor -major members of the professional court work group
The prosecutor is responsible for presenting the state's case against the defendant.
peremptory challenge
The right of a lawyer during jury selection to have a potential juror dismissed without having to give a reason. The right to challenge a potential juror without disclosing the reason for the challenge. Prosecutors and defense attorneys routinely use peremptory challenges to eliminate from juries individuals who, although they express no obvious bias, are thought to be capable of swaying the jury in an undesirable direction.
court reporter -major members of the professional court work group
The role of the court reporter (also called the court stenographer or court recorder) is to create a record of all that occurs during a trial
incapacitation
The use of imprisonment or other means to reduce the likelihood that an offender will commit future offenses In ancient times, mutilation and amputation of the extremities were sometimes used to prevent offenders from repeating their crimes. Unlike retribution, incapacitation requires only restraint—and not punishment.
Contractual Arrangements
Through a third type of indigent defense, contract attorney programs, county and state officials arrange with local criminal lawyers to provide for indigent defense on a contractual basis.
just deserts model
Today, retribution corresponds to the just deserts model of sentencing, which holds that offenders are responsible for their crimes. When they are convicted and punished, they are said to have gotten their "just deserts." Retribution sees punishment as deserved, justified, and even required5 by the offender's behavior. The primary sentencing tool of the just deserts model is imprisonment, but in extreme cases capital punishment (i.e., death) becomes the ultimate retribution. Both in the public's view and in political policymaking, retribution is still a primary goal of criminal sentencing.
capital punishment,
Today, the federal government and 35 of the 50 states permit execution for first degree murder, and treason, kidnapping, aggravated rape, the murder of a police or corrections officer, and murder while under a life sentence are punishable by death in some jurisdictions.104 Illinois, which up until recently was among states with a death penalty, repealed its capital punishment statute in 2011, replacing it with a sentence of life in prison without possibility of parole. In 2012, Connecticut took capital punishment off of its books, although the 11 men on death row at the time of repeal are still slated to be executed. Another state to abolish the death penalty is Maryland, which repealed its death penalty statute in 2013. Estimates are that more than 18,800 legal executions have been carried out in the United States since 1608, when records began to be kept on capital punishment. Methods of imposing death vary by state. The majority of death penalty states authorize execution through lethal injection. Electrocution is the second most common means, whereas hanging, the gas chamber, and firing squads have survived, at least as options available to the condemned, in a few states.
What is meant by the adversarial process of adult criminal courts?
Trial courts of general jurisdiction operate within a fact-finding framework called the adversarial process. That process pits the interests of the state, represented by prosecutors, against the professional skills and abilities of defense attorneys. The adversarial process is not a free-for-all; rather, it is constrained by procedural rules specified in law and sustained through tradition. ?? idk if the is right
voluntary/advisory sentencing guidelines -Know the types of sentences
Voluntary/advisory sentencing guidelines are usually based on past sentencing practices and may build on either determinate or indeterminate sentencing structures. Recommended sentencing policies that are not required by law.
eyewitness
a person who has personally seen something happen and so can give a first-hand description of it
The Testimony of Witnesses - the types of witnesses that can be part of a trial
Witness testimony is generally the chief means by which evidence is introduced at trial. Witnesses may include victims, police officers, the defendant, specialists in recognized fields, and others with useful information to provide. Some of these witnesses may have been present during the commission of the offense, whereas most will have had only a later opportunity to investigate the situation or to analyze evidence.
challenges for cause
a claim that a juror has demonstrated probable bias Challenges for cause, which may arise during voir dire examination, make the claim that an individual juror cannot be fair or impartial. A special issue of juror objectivity that has concerned the U.S. Supreme Court is whether jurors with philosophical opposition to the death penalty should be excluded from juries whose decisions might result in the imposition of capital punishment.
limited jurisdictions -Know types of jurisdictions
courts of law that have jurisdiction on a restricted range of cases, primarily lesser criminal and civil matters, including misdemeanors, small claims, traffic, parking, and civil infractions. Such courts are also called inferior courts or lower courts. They can also handle the preliminary stages of felony cases in some states. TV shows like Judge Judy and Judge Joe Brown, rarely hold jury trials, depending instead on the hearing judge to make determinations of both fact and law. At the lowercourt level, a detailed record of the proceedings is not maintained. Case files will include only information on the charge, the plea, the finding of the court, and the sentence. All but six of the states make use of trial courts of limited jurisdi.
Klopfer v. North Carolina
declares states to grant defendants a speedy trial.
factual guilt
factual guilt deals with the issue of whether the defendant is actually responsible for the crime of which he or she stands accused. If the defendant did it, then he or she is, in fact, guilty. The distinction between factual guilt and legal guilt is crucial because it points to the fact that the burden of proof rests with the prosecution, and it indicates the possibility that guilty defendants may nonetheless be found "not guilty."
presentence investigation (PSI)
information about a defendant's background often comes to the judge in the form of a presentence investigation. or The examination of a convicted offender's background prior to sentencing. Presentence examinations are generally conducted by probation or parole officers and are submitted to sentencing authorities.
preliminary hearing -different court stages of criminal prosecution
is to establish whether sufficient evidence exists against a person to continue the justice process. At the preliminary hearing, the hearing judge will seek to determine whether there is probable cause to believe that (1) a crime has been committed and (2) the defendant committed it. The decision is a judicial one, but the process provides the prosecutor with an opportunity to test the strength of the evidence at his or her disposal.
sequestering
isolating members of a jury
preponderance of the evidence - major types of legal standards of proof
preponderance of the evidence supports this finding. A preponderance of the evidence exists when evidence of an offense is more convincing than evidence offered to the contrary. If the charge involves a criminal-type offense, the evidentiary standard rises to the level of reasonable doubt.
What does the 8th amendment grant defendants?
protection from excessive bail and cruel and unusual punishment
Know the right to counsel and when one is appointed by the court.
the Sixth Amendment right to counsel, ruling that defendants in state courts who are facing relatively minor charges must be provided with an attorney at government expense even when they face only the slightest chance of incarceration.
alternatives to bail -types of prereleases
the federal government now offer various alternatives to the cash bond system, such as (1) release on recognizance, (2) property bond, (3) deposit bail, (4) conditional release, (5) third-party custody, (6) unsecured bond, and (7) signature bond.
defendant -major members of the professional court work group
the person accused of committing the crime. - generally have to be present at all stages of their trial -suffer various disadvantages -belief that anyone on trial is guilty
