Criminal Law- Chapter 5
Concurring Opinion
A document containing the judges reasons for agreeing with the opinion of the majority (often is for logical reasons other than what was stated in the court)
Dissenting Opinion
A document containing the judges reasons for disagreement of the opinion of the majority
Petition for Certiorari
A request of the lower courts to send up their records
Why is the Gideon decision regarded as a historic civil liberties victory?
After this ruling, 90% of Americans who cannot afford a lawyer can be appointed them for free
Plea Bargain
Agreement between the prosecutor and defendant (and their lawyers) to dispose of the case without trial
Precedent
Baseline for similar cases in the future
Under the Gideon ruling, why is the trial judge required to appoint a lawyer for defendants who claim they are too poor to pay for one?
Because it is a Constitutional right protected under the Sixth Amendment
Probate
Deal with cases involving wills or claims against the estate of persons that die with or without a will
In the Supreme Court decision of Gideon vs. Wainwright, how was Gideon deprived of his Sixth Amendment right?
Gideon could not afford his own attorney and the courts refused to provide him with one (Sixth Amendment states every person's right to an attorney)
Why did the court believe that Gideon could not defend himself?
Gideon was an unexperienced man in terms of the law. He was underprepared and did not defend himself well
Trials Court
Listen to testimony, consider evidence, and decide the facts in disputed situations
What are the major differences between majority, dissenting, and concurring opinions?
Majority- Explanation of the reasoning behind the majority decision of a court Dissenting- Explanation of the reasoning behind disagreeing with the majority opinion of the court Concurring- Explanation of the reasoning behind agreeing with the majority opinion of the court, however for different logistical reasons
Error of Law
Occurs when the judge makes a mistake as to the law applicable in the case
Appeals Court
One party presents arguments asking the court to review the decision of a trial court
Plaintiff
Party beginning the action in a civil trial
Defendant
Party responding to the Plaintiff
What are the major benefits of having courts follow precedent and adhering to state decisis?
Provides equal law and standards, prevents states from having different interpretations of the same ruling (i.e Gay Rights)
Parties
Sides
Prosecutor
State or federal government that initiates the action in a criminal trial
Inquisitorial System
System in which the judge is active in questioning witnesses and controlling the court process, including the gathering and presentation of evidence
Adversarial System
System in which there is a contest between opposing sides
Peremptory Challenge
The removal of prospective jurors without stating a cause
Removal for Cause
The requested removal of any juror who appears incapable of rendering a fair and impartial verdict
In Ecsobedo vs. Illinois, which right of the accused foes Justice Goldberg refer to as coming under the protection of the Constitution?
The right to self incrimination, The right to an attorney if asked for one
At which point, according to the Courts decision of Escobedo vs Illinois, must a lawyer be provided to the suspect of the crime?
When the case shifts from investigatory to accusatory