Criminal justice exam 2 book

Strunk v. United States

A charge must be dismissed if a court finds that the defendant's right to speedy trial has been violated, and such dismissal bars all future prosecutions of the offense.

U.S. Court of Appeals

A court within the second tier of the three-tiered federal court system, to which decisions of the district courts and federal agencies may be appealed for review. Each court is located in a regional circuit-- a special judicial jurisdiction served by the court as defined by the geographical boundaries Cases are appealed from the US district courts and almost all are heard by threejudge panels.

bail

A form of security, typically financial, guaranteeing that a defendant in a criminal proceeding will appear and be present in court at all required times

Plea negotiation

A longstanding practice in which the prosecution offers some concessions to the defense to convince the accused to admit guilt and settle the case without going to trial. More than 90% of cases are settled this way Proponents believe that both the defendant and the state benefit. show that its a innocent people will take the plea bargain to avoid the chance of a harsher sentence

motion for a directed verdict

A motion for the judge to take the decision out of the hands of the jury and to direct a verdict for the party making the motion on the ground that the other party has not produced sufficient evidence to support her or his claim.

Trial de novo

A new trial that takes place as if the first trial had not occurred.

Court reporters

- create a transcribed record of proceedings as they occur Modern version is a recording with a monitor and transcription process.

Criticisms of the bail system

-Bail tends to discriminate against poor. When cash bail is set at a high level, it results in the incarceration of many low-level offenders that do not have the funds to secure their release. -Despite the Eighth Amendment safeguard against excessive bail bail setting is totally discretionary on the part of judges -Since bail is usually decided at the initial appearance, the court has little time to investigate the background of the accused and, hence, cannot adequately asses the degree of risk -Bail is often used as a form of preventative detention

Characteristics of a grand jury

-Grand jury sessions are secret and private. -Witnesses are sworn and heard, one by one, and excused as soon as they are finished testifying -Ordinarily the accused is not present, unless compelled to testify -In most jurisdictions, the defense counsel has no right to be present, and if present, has no right to cross examine -In some jurisdictions, written transcripts are not required

Posttrial Motions

-Motion in arrest of judgement- asks that no judgement be pronounced because of one or more defects in the record of the case -Motion for a New Trial- only the defense can make, can be based on numerous grounds

Motion for severance of charges

requests that each specific charge be tried as a separate case

Brady v. maryland

1963 The court ruled that the prosecution must share any evidence that is favorable to the defense but in Moore v. Illinois there is no requirement for the prosecution to share fully the case file

Determinate sentencing

A period of incarceration that is fixed by a sentencing authority and cannot be reduced by judges or other corrections officials. Has no set minimum or maximum but rather a fixed range However, the court still has the discretion to pick prison, probation or a fine or some other option. May still be eligible for parole

Medical Examiner or coroner

A physician who performs an autopsy when death may be accidental or violent. He or she may also serve in some jurisdictions as the coroner. a public official who investigates by inquest any death not due to natural causes (appointed or elected and not necessarily medically educated)

Nolo contendere plea

A plea of "no contest." Defendant accepts the penalty without admitting guilt

Motion for suppression

A pretrial motion made by the defense to exclude certain evidence from being introduced in the trial Mapp v. Ohio, Escobedo v. Illinois, and Miranda v. Arizona collectively made this type of motion

Bench trial

A trial in which the judge alone hears the case and makes a decision or innocence or guilt

venire facias

A writ for summoning jurors.

Property bond

An alternative to posting bail in cash, in which the defendant gains pretrial release by providing the court with property valued at the bail amount as assurance that he or she will return for trial.

nolle prosequi

An entry, made by a prosecutor on the record of a case and announced in court, indicating that the charges specified will not be prosecuted. In effect, the charges are thereby dismissed. One of the most powerful examples of discretion

Defense attorneys

Attorneys who represent the legal rights of the accused in criminal or civil proceedings Because more and more government attorneys are prosecuting only the cases in which the potential for conviction is high, the defense council most intensive effort is at the beginning of the discretionary screening process. A second-level activity of defense attorneys involves pretrial motions, or an application to the court or the judge, requesting an order or ruling in favor of the applicant

US district courts

Courts within the lowest tier of the three-tiered federal court system; courts where litigation begins. create by the federal Judiciary Act Courts of general jurisdiction Have jurisdiction over crimes that violate federal law, cases involving national security and violations of regulatory codes. Since the 1990s have had to function in near crisis mode.

Weems v. United States

Decided in 1910, the case was significant for the eighth amendment ban, for in its ruling the court struck down a sentence involving a heavy fine, 15 years at hard labor, the wearing of chains, the lifelong loss of certain rights, plus other sanctions--- all for the offense of making false entries in official records First case in which the court invalidated a punishment on 8th amendment grounds

Accusatory Grand Jury

Determines whether there is sufficient evidence against individuals already charged with particular crimes to warrant a criminal trial sits for a set period, generally 3 months

Bailiffs and sheriffs

Each courtroom has an assigned bailiff or sheriff whose formal duties are to announce the arrival and departure of the judge and maintain order in the courtroom

Judiciary act of 1789

Established the statutory right of federal defendants to have bail set in all but capital cases

Grand jury

Has 12 to 23 jurors and its purposes are to investigate and protect citizens from unfair accusations Hurtado v. California- the supreme court ruled that the grand jury was merely a form of procedure that the states could abolish at will.

judges

Judges are both arbiters and administrators. As arbiters, they safeguard the right of the accused as well as the interest of the public. As administrators, they control the flow of cases through the courts and oversee the ancillary duties.

Voir dire

Jury selection process of questioning prospective jurors, to ascertain their qualifications and determine any basis for challenge. A challenge for cause means that there is a sound legal reason to remove a potential juror A peremptory challenge is an objection to a prospective juror for which no reason must be assigned.

Investigatory grand jury

Looks into general allegations of unlawful activity within its jurisdiction in an effort to discover whether there is enough information to justify initiating criminal prosecutions against anyone

Specialty courts

Lower courts that have jurisdiction over one specific area of criminal activity, such as illegal drugs or domestic violence. Specialty courts-- including drug, firearm, elder-crime, and veteran courts-- are designed to respond to an identified concern within the community

motion for dismissal of charges

Motion to dismiss the charges against the defendant on the grounds that there was not probable cause for the police to make an arrest or there is insufficient evidence to support the charges filed by the state almost always filed whether justified or not most common motion along with suppression

Woodson v. North Carolina (1976)

North Carolina tried to satisfy Court's requirement that capital punishment not be arbitrary, so they made it a mandatory punishment for certain crimes--Court rejected this approach and ruled mandatory death sentences as unconstitutional

Grand jury criticism

One complaint concerns the ex parte nature of it meaning "one party". can compel witnesses to testify by holding them in contempt of court which would seemingly abridge constitutional rights

Dual court system

One system of state and local courts and another system of federal courts Evolved throughout America after the signing of the Declaration of Independence.

Trial process

Opening Statements- an attempt to give the jury an outline of the case and how the state intends to prove beyond a reasonable doubt that the defendant committed the crime. The defense attorneys opening statement is an address to the jury that focuses on how the defense will shoe that the state has a poor case or that is cannot demonstrate proof beyond a reasonable doubt. Prosecution's Case- presents evidence, examines witnesses The Criminal Defense- calls witnesses, accused has the opportunity to testify Rebuttal and surrebuttal- follows same format as examination and cross Closing Arguments- gives each side an opportunity to recap all the evidence and testimony offered during the trial Instructions to the Jury- includes an order by the judge for the jurors to retire to the jury room, consider the facts of the case and the evidence and testimony presented and arrive at a just verdict Deliberation and Verdict The Sentence Appeals

police witness

Police witness- generally, an arresting officer who has some knowledge of the facts of the case, having been at the scene of the crime during or soon after its commission. Lay witness- a witness who can truthfully and accurately testify on a fact in question without having specialized training or knowledge Expert witness- a person who is permitted to testify at a trial because of special knowledge or proficiency in a particular field that is relevant to the case.

Motion for change of venue

Request to a judge by counsel to transfer the trial to a different geographic location within the jurisdiction of the court. Typical in high profile cases

Incapacitation

The removal or restriction of the freedom of those found to have violated criminal laws. Goal is community protection rather than vengeance

Williams v. Florida

Supreme Court ruled that it was proper for states to use juries composed of as few as 6 persons, at least in noncapital cases, and some eighty years later it reaffirmed this decision when it rejected the use of a 5 person jury in Georgia.

Barker v. Wingo

The case in which the court ruled that the defendant's failure to request a speedy trial does not negate the defendant's right to a speedy trial.

Jurisdictional scope of the supreme court

The constitution article III, section 2 gives the SC broad but not limitless jurisdiction. The courts general jurisdiction involves suits between two states, issues that test the constitutionality of of state laws, and matters relating to ambassadors. has the discretion to decide what cases to review

Beavers v. Haubert

The court emphasized the new for a balance between the delays and their causes and justifications and that the right to a speedy trial was a relative one consistent with delays and dependent on circumstances.

Stack v. Boyle

The courts primary bail ruling Made it clear that the purpose of bail is to assure the defendant's attendance in court when his presence is required. Left unsettled the constitutional status of a defendants right to bail. The court did address the issue of excessive bail ruling that the amount must be based on standards relevant to ensuring the presence of the defendant in trial

True bill

The decision of a grand jury that sufficient evidence exists to indict an accused person.

Citation release

The issuing of a citation or ticket by an arresting officer, informing the arrestee that he or she must appear on an appointed court date

Deterrence

The most widely held justification for punishment is reducing crime. Thus, as a sentencing philosophy deterrence refers to the prevention of criminal acts by making examples of individuals convicted of crimes. General deterrence seeks to discourage would-be offenders from committing crimes; specific deterrence is designed to prevent convicted offender from engaging in future criminal acts

Pretrial detention

The result of the bail bond system is the potentially arbitrary punishment of hundreds of thousands of people, many of who may be innocent. When an accused person is detained before the trial the can nither have complete access to counsel or locate evidence Detention also disrupts employment and family relationships and it coerces defendants into plea deals

Marbury v. Madison

This case establishes the Supreme Court's power of Judicial Review Marshal concluded that Congress could not expand or contract jurisdiction of the Supreme Court and that congress had acted unconstitutionally; exceeding its power when it authorized the court to certain issue writs in previous cases.

Appeal

To ask a higher court to review the decision and determine if justice was done

double jeopardy

Trial or punishment for the same crime by the same government; forbidden by the Constitution.

State courts

Two key characteristics of state court systems are that no two are exactly alike and that the names of the court in each state vary widely, regardless of their functions. The courts of last resort are at the uppermost level, occupying the highest rung of the judicial ladder. Immediately below the courts of last resort are the intermediate appellate courts. Located primarily in more populous states, these courts have been structured to relive the caseload burden of the highest courts. The next lower rung are the major trial courts or the courts of general jurisdiction, where felony cases are heard. (and civil cases) the lower courts often referred to as inferior, misdemeanor, minor or courts of limited jurisdiction, exist in numerous combinations in every state.

Capital punishment

Used in a discriminatory fashion and reached its peak during the 1930s

Cash bonds

Used in jurisdictions where the only form of bail the court will accept is the total amount in cash. The courts hold the money until the case is concluded.

Surety Bond

a cash bail or money from a bail bond Based on an agreement by a third party to be responsible for the bail debt of the defendant. The defendant typically must pay the agent 10 percent of the bail amount and the agent keeps the amount regardless of whether the defendant appears in court.

an information

a document filed by the prosecutor that states the formal charges, the statutes that have been violated, and the evidence supporting the charges.

Motion

a formal application or request to the court for some action such as an order rule. the purpose of motions is to gain some legal advantage, and most are initiated by the defense

Indictment

a formal charging document issued by a grand jury on the basis of evidence presented to it by the prosecutor. Slightly different from an indictment is a presentment which is a written notice of accusation issued by a grand jury

courts of record

a full transcript of the proceedings is made for all cases

prosecutors

a government lawyer and the chief law enforcement authority os a particular community. At the most general level the responsibilities of the prosecutor are 1. enforcing the law, 2. representing the government and the community in matters of the law, 3. representing the government and the people in matters of legislation and criminal jurisdiction Can be involved in investigation, arrest, initial appearance, preliminary hearing, information and indictment, arraignment, pretrial motions, trial, sentencing, appeal and parole.

jury nullification

a jury's refusal to render a verdict according to the law and fact regardless of the evidence presented The jury's power to disregard, or "nullify," the law when it conflicts with personal conceptions of justice.

motion for continuance

a request to postpone a lawsuit to gain more time to prepare the case

Speedy trial

a right contained in the sixth amendment to prevent indefinite pre-trial detention and secret trials Is difficult to implement because of the growing complexity of the court system, growing delays, more detailed and elaborate law requiring time consuming evidence collection, balance against the prosecution time needed, and some trials are delayed by either sides purpose of achieving their own objectives/ a disregard for the defendants rights

victim impact evidence

a statement of the harm suffered by the victim or the victim's family as a result of the offender's action Decision to allow in Payne v. Tennessee

writ of certiorari

a writ of review issued by the SC ordering a lower court to forward up the record of a case it has tried so that the SC can review it.

not guilty by reason of insanity

an admission of guilt accompanied by the claim that the defendant is not culpable in the eyes of the law because of insanity at the time he or she committed the crime More typically a defendant makes a dual plea of not guilty and not guilty by reason of insanity

retribution

an effort to make the punishment as analogous as possible to the nature of the crime More modernly it means that an effort to ensure that an offenders punishment is commensurate not only with the crime but also with hi or her moral blameworthiness and prior criminal record

presentence investigation

an investigation performed by a probation officer attached to a trial court after the conviction of a defendant The goal of presentence investigation reports is to compile information about the background and characteristics of defendants in order to develop the most appropriate sentences

judicial circuit

an organizational assignment of several types of cases and several jurisdictions into one

motion for bill of particulars

asks for details about what the prosecution claims in order to give the accused fair notice of what must be defended.

Justice of the peace

decided on all aspects of civil disputes and minor criminal transgressions during the early development of america

US Magistrate Courts

federal lower courts whose powers are limited to trying lesser misdemeanors, setting bail in more serious cases, and assisting district courts with various legal matters.

Definite sentencing

fixed period of time without the possibility of parole or early release of any type. example: 10 years is 10 years

indeterminate sentencing

has a fixed minimum and a fixed maximum term for incarceration rather than a period Based on a primarily correctional model of punishment the underlying premise being that the sentence should meet the needs of the offender. Rests on the notion that the length of the imprisonment should be based on progress toward rehabilitation.

Selecting juries

jury pool- a large list of eligible jurors Jury panel- 30 persons selected at random for a specific prosecution Voir dire- 16 people challenged and returned to the jury panel and 14 persons selected 12 person jury is selected- trial --> verdict --> return to jury pool

Objections

leading questions- one that inherently instructs or suggests to the witness how to answer badgering Sustained- the examiner is ordered to withdraw the question or cease the mode of questioning Overruled- may continue

fines

monetary penalties imposed wither in lieu of or in addition to incarceration or probation

courts of appellate jurisdiction

or the appeals courts, are limited in their jurisdictions to matters of appeal from lower courts and trial courts. In law and criminal justice, the term appeal refers to a review by a higher court of the judgment of a lower court Thus appellate jurisdiction is restricted to matters of appeal and review; unlike courts of general jurisdiction, appellate courts cannot try cases. THese courts relieve the states highest courts from hearing every case.

Courts of general jurisdiction

or the major trial courts, have the power and authority to try and decide any case, including appeals from a lower court are courts of record

courts of limited jurisdiction

otherwise known as the lower courts, try minor offenses, such as traffic infractions and misdemeanors Handle minor crimes, civil cases, and initial appearances or preliminary hearings for felonies. Justice of the peace serves mostly rural areas County courts- staffed by judges, clerks, and other personnel on state or county payrolls; and judges are paid salaries rather than fees for service (historically the justice of the peace way) The urban counterpart of the justice of the peace and county courts are the municipal courts or magistrate's court The significance of these courts lies not only in the sheer number of defendants who pass through them but also in their jurisdiction over many of the offenses that represent the initial stage of an individuals criminal career

United States v. Morrison

overturned the Violence Against Women Act of 1994; attacks against women are not interstate commerce, and hence Congress cannot constitutionally pass such a law

mandatory sentencing

penal code provisions that require the judge to or jury to sentence individuals convicted of certain crimes to prison terms of a specific length. Limit judicial and jury discretion

Allocution

practice allows the court to identify the defendant as the person judged guilty and the defendant can plead for mercy or a pardon, move for an arrest or judgement, or indicate why judgement ought not be pronounced

Evidence

real evidence- physical details and objects testimonial evidence- the sworn, verbal statements of witnesses direct evidence- eyewitness evidence Circumstantial evidence or indirect evidence- evidence from which a fact can be reasonably inferred. Evidence is competent when it is legally fit for admission to court, it is material when it has a legitimate bearing on the decision and it is relevant when it is applicable to the issue in question

Rehabilitation

rests on the premise that people who commit crimes have identifiable reasons for doing so and that these can be discovered, addressed, and altered.

Status offenses

specific acts (truancy, running away) and general conditions (incorrigibility, uncontrollable behavior) that are unique to the status of being a juvenile

Status of Limitations

statute that restricts the period of time within which an action may be brought

no bill

the action by a grand jury when it votes not to indict an accused suspect

selective prosecution

the authority held by prosecutors to use discretion in choosing whom to prosecute

Vengeance

the desire to punish the criminals because society gains some measure of satisfaction from seeing or knowing that they are punished.

US supreme court

the highest court of the United States; it sits at the top of the federal court system

Not guilty

the most common plea, the full burden is on the state to prove the charges beyond a reasonable doubt. Standing mute is presumed a not guilty plea

Presumptive fixed sentence

the objectives or presumptive sentencing are to limit judicial discretion without totally eliminating it and increase community protection by imposing a sentence that the offender is required to serve.

United states v. lovasco

the sixth amendment right does not apply to delays before a person is accused of a crime but, rather, applies only to the interval between arrest and trial.

Court jurisdiction

the specific practical authority to hear cases and administer justice based on law in a particular geographic region and/or hierarchy within the court system

Williams v. Illinois

the supreme court ruled that no jurisdiction can hold a person in jail or prison beyond the length of the maximum sentence merely to work off a fine that he or she is unable to pay

Hudson v. Parker

the supreme court that a presumption in favor of granting bail exists in the Bill of Rights But, only a year before, the supreme court had ruled in McKane v. Durston that the Eighth Amendment's bail provision placed limits only on the federal courts and did not apply to the states At the state level, most constitutions grant an absolute right to bail in non capital cases.

release on recognizance

type of bail The pretrial release of a criminal defendant on his or her written promise to appear in court as required. No cash or property bond is required.

Unites states sentencing commission

was created by the sentencing reform act of 1984, established federal sentencing guidelines for all offenders convicted of felonies and serious misdemeanors in the US federal court system.

Guilty

whether negotiated or not results in an entire array of constitutional rights