Ch. 4- Court Organization and Structure

Limited jurisdiction

means that a court is limited to hearing only a particular class of cases

Arrest

occurs when a reasonable person would conclude that the police in some way had restrained his or her liberty so that the person was not free to leave

Direct examination

questioning of a witness by the attorney who called the witness to the stand

Cross-examination

questioning that follows the direct examination of a witness

Geographic jurisdiction

refers to the authority of courts to hear cases that arise w/thin specified boundaries, such as a city, county, state, or country

Good faith exception

the exclusion of evidence obtained by police who have not knowingly violated the Fourth Amend. and who relied in "good faith" on other actors in the criminal justice system does not serve the purpose of deterring police misconduct, the primary goal of the exclusionary rule

Initial appearance

the first court appearance -Preliminary examination

Jury pool

the list of names from which actual jurors will be chosen. Also known as the venire

Appointment

the oldest method of selecting judges by the chief executive of the jurisdiction

Habeas corpus

"you have the body" -Challenges the legality of confinement ▫ Not conviction

Preliminary hearing

-A proceeding before a judicial officer in which three matters must be decided: (1) Whether a crime was committed (2) Whether the crime occurred within the territorial jurisdiction of court (3) Whether there are reasonable grounds to believe that the defendant committed the crime

Voir dire

-French for "to see to speak" -Challenge for cause -Peremptory challenge

Arraignment

-The first appearance of the defendant before the court that has the authority to conduct a trial -Two purposes: (1) To once again inform the defendant of the specific charges (2) To allow the defendant to enter a plea

Appeal

-The request that a court with appellate jurisdiction review the judgment -Most states have automatic appeal on death sentences or life in prison

Complaint

-the criminal process may begin with the filing of a complaint. -the complaint serves as the charging document for the preliminary hearing

Competent to stand trial

A finding by the court that the defendant has sufficient present ability to consult with his or her attorney with a reasonable degree of rational understanding.

Information

A formal written accusation submitted to a court by a prosecutor.

Indictment

A formal, written accusation submitted to a court by a grand jury, alleging that a specified person has committed a specified offense, usually a felony.

Grand jury

A group of jurors who have been selected according to law and have been sworn to hear the evidence and to determine whether or not there is sufficient evidence to bring the accused person to trial.

Noio contendere

A plea of "no contest." A no-contest plea is used when the defendant does not wish to contest conviction. Because the plea does not admit guilt, however, it cannot provide the basis for later civil suits that might follow a criminal conviction.

State court system

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

First appearance

An appearance before a magistrate during which the legality of the defendant's arrest is initially assessed and the defendant is informed of the charges on which he or she is being held. At this stage in the criminal justice process, bail may be set or pretrial release arranged.

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.

General jurisdiction

means a court has the authority to hear a variety of cases and is not limited to hearing only a particular type of case

Jury panel

Individuals selected from the jury pool for a particular case

Writ of certiorari

Order from the Supreme Court to a lower court to "send the record up"

Jury consultant

Professionals who help attorneys determine what type of person is more likely to favor the defense or prosecution

Venire

Selection of the jury pool

Trial de novo

Term applied to cases that are retried on appeal.

Plea

The defendant's formal answer to the charge.

Appellate jurisdiction

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

Rule of four

The number of justices who must vote to hear a case

Judicial review

The power of the court to review actions and decisions made by other agencies of government.

Plea bargaining

The process of negotiating an agreement among the defendant, the prosecutor, and the court as to an appropriate plea and associated sentence in a given case.

Jurisdiction

The territory, subject matter, or people over which a court may exercise lawful authority.

Federal court system

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

Affidavit

a document stating the facts relied upon to create probable cause

Exclusionary rule

a judicially created remedy for violations of the Fourth Amendment, providing that any evidence obtained by the government in violation of the Fourth Amendment guarantee against unreasonable searches and seizures is not admissiable in a criminal trial to prove guilt

Alford plea

a plea in which the defendant enters a guilty plea but denies having committed the crime to which he or she is pleading

Diversity of citzenship

a situation where the opposing parties are from different states

Bench trial

a trial in which a judge, rather than a jury, renders a decision between two panels of justices, involving the same legal issue

Booking

an administrative procedure involving the entry into the police blotter of the suspect's name, arrest time, offense charged, and the taking of fingerprints and photographs.

Attorney general

an administrator who sets prosecution priorities for deputy attorneys general

Inevitable discovery exception

an exception to the exclusionary rule that permits the introduction of illegally obtained evidence if the police can demonstrate that they would have discovered the evidence by legal means anyway

En banc

appeals court justices will sit as a group, consisting of every judge on the court, to clear up any conflicting decisions

Article III courts

courts established under the authority of Article III of the Constitution

Challenge for cause

during the jury selection process, the method used by the prosecutor or the defense attorney to remove impartial prospective jurors from the jury pool

Impeachment

formal process for removing judges

Subject matter jurisdiction

involves the authority conferred on a court to hear a particular type of case

Personal jurisdiction

involves the authority of the court over the person.

Hierarchical jurisdiction

involves the division of responsibilities and functions among the various courts

Administrative Office of the United States Courts (AOUSC)

•Prepares the budget and legislative agenda for the federal courts •Compiles and publishes statistics •Recommends plans and strategies to manage court business