Criminal justice final exam

4. Charging of the accused: Typical jury consists of __ people and grand jury is larger.

12

6. Plea bargains and pretrial motions: Pretrial phase is a critical ________ in the criminal court system.

1st step

4. Arraignment: Right to counsel is guaranteed by the __th amendment.

6

1. Deliberations and verdict: some states have __ person juries and almost all require an _________ verdict.

6, unanimous

2. Arraignment: The __th amendment to the constitution is that bail may not be excessive.

8

truth in sentencing

A close correspondence between the sentence imposed on an offender and the time actually served in prison.

Jail

A confinement facility administered by an agency of local government, typically a law enforcement agency, intended for adults but sometimes also containing juveniles. Jails hold people who are being detained pending adjudication or who were committed after adjudication, usually those sentenced to a year or less.

private prison

A correctional institution operated by a private firm on behalf of a local or state government.

Deterrence

A goal of criminal sentencing that seeks to inhibit criminal behavior through the fear of punishment.

regional jail

A jail that is built and run using the combined resources of a variety of local jurisdictions.

Sequestered jury

A jury that is isolated from the public during the course of a trial and throughout the deliberation process.

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.

Just deserts

A model of criminal sentencing that holds that criminal offenders deserve the punishment they receive at the hands of the law and that punishments should be appropriate to the type and severity of the crime committed.

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.

Nolo contendre

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.

Prison

A state or federal confinement facility that has custodial authority over adults sentenced to confinement.

Mandatory sentencing

A structured sentencing scheme that allows no leeway in the nature of the sentence imposed. Under mandatory sentencing, clearly enumerated punishments are mandated for specific offenses or for habitual offenders convicted of a series of crimes.

Classification system

A system used by prison administrators to assign inmates to custody levels based on offense history, assessed dangerousness, perceived risk of escape, and other factors.

direct-supervision jail

A temporary confinement facility that eliminates many of the traditional barriers between inmates and corrections staff. Physical barriers in direct-supervision jails are far less common than in traditional jails, allowing staff members the opportunity for greater interaction with, and control over, residents.

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.

3. The trial: Defense usually fits into 1 of 3 categories: A. Defendant ________ commit the crime. B. Defendant was __________. C. Defendant committed the crime but cant be held responsible.

A. Didn't B. Justified

3. Plea bargains and pretrial motions: Rights to the defendant A. Speedy and _______ public trial. B. Impartial jury guaranteed by the __ amendment. C. Right to _______ know accuser and know charges. D. Right to cross examine of _________.

A. Speedy B. 6th C. know D. Witnesses

First appearance

An appearance before a magistrate or lower-court for the purpose of: 1.Hearing the charges against the defendant. 2.Rights advisement. 3.Being given the opportunity to retain a lawyer or to have one appointed. 4.Possibly being given the opportunity for bail. First appearance must be held within 48 hours after arrest.

Arraignment and the plea

An arraignment is the first appearance of the defendant before the trial court. It offers the defendant an opportunity to enter a plea.

Public defender

An attorney employed by a government agency or sub-agency, or by a private organization under contract to a government body, for the purposes of providing defense services to indigents, or an attorney who has volunteered such service.

prosecuting attorney

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.

Victim-impact statement

An in-court statement made by the victim or by survivors to sentencing authorities seeking to make an informed sentencing decision.

aggravating circumstances

Circumstances relating to the commission of a crime that make it more grave than the average instance of that crime.

Mitigating circumstances

Circumstances relating to the commission of a crime that may be considered to reduce the blame worthiness of the offender.

6. Charging the accused: Grand jury proceedings are _______&________ with no judge present as the _________ leads.

Closed, secret, prosecutor

1. Charging of the accused: Prosecutor may present the case to _________ which is decided by ________ if the case should proceed to trial.

Grand Jury, citizens

Pretrial release

If the crime is very serious, or if the defendant is a flight risk; he or she will be held in jail until trial. This is called pretrial detention. The majority of defendants, however, are given the opportunity for release.

Plea

In criminal proceedings, the defendant's formal answer in court to the charge contained in a complaint, information, or indictment that he or she is guilty of the offense charged, or does not contest the charge.

Grand jury

Involves the hearing of evidence presented by a district attorney or prosecutor to a group of jurors to determine whether there is sufficient evidence to bring the accused person to trial. An indictment by the grand jury is referred to the trial court and forms the basis for further prosecution.

Consecutive sentence

One of two more sentences imposed at the same time, after conviction for more than one offense, and served in sequence with the other sentence. Also, a new sentence for a new conviction, imposed upon a person already under sentence for a previous offense, which is added to the previous sentence, thus increasing the maximum time the offender may be confined or under supervision.

concurrent sentence

One of two or more sentences imposed at the same time, after conviction for more than one offense, and served at the same time. Also, a new sentence for a new conviction, imposed upon a person already under sentence for a previous offense, Which is served at the same time as the previous sentence.

Alternatives to bail

Release on recognizance (ROR) Property bonds Deposit bail Conditional release Third-party custody Unsecured bonds Signature bonds

Hearsay

Something that is not based on the personal knowledge of a witness. Witnesses who testify about something they have heard, for example, are offering hearsay by repeating information about a matter of which they have no direct matter.

Arraignment

Strictly, a hearing before a court having jurisdiction in a criminal casein which the identity is established, the defendant is informed of the charge and of his or her rights, and the defendant is required to enter a plea. Also, in some usages, any appearance in criminal court before trial.

Retribution

The act of taking revenge on a criminal perpetrator.

Rehabilitation

The attempt to reform a criminal offender. Also, the state in which a reformed offender is said to be.

Sentencing

The imposition of a criminal sanction by a judicial authority.

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.

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. Plea bargaining circumvents the trial process and dramatically reduces the time required for the resolution of a criminal case.

appeal

The request that a court with appellate jurisdiction review the judgement, decision, or order of a lower court and set it aside(reverse it) or modify it.

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.

Incapacitation

The use of imprisonment or other means to reduce the likelihood that an offender will commit future offenses.

bail bonds

The usual practice is for a defendant to seek bail through a professional bail bondsman. The bondsman will charge a fee (usually 10% to 15% of the bail amount) that the defendant pays up front. The bail bondsman is then responsible for the defendant showing up in court. In many states bail bondsmen are empowered to hunt down and bring back defendants who fail to appear.

Early intervention programs

These programs supervise defendants and monitor their compliance with release conditions and ensure that they appear for future court hearings. They also gather and present information about defendants and potential dis-positional options.

1. The jury and court room: The process of selecting a jury is called _______ which means to tell the truth.

Voir Dire

6. Arraignment: A trial in juvenile court is called a ___________hearing. The judge determines guilty, not guilty or guilty of a lesser charge.

adjudication

2. Appending the judgement: Decides if trial was fair and if prejudicial, it may require a new trial which reverses the conviction and sends the case back for a new trial to _____________.

appellate court

2. The jury and court room: To convict, a defendant must be guilty _____________.

beyond a reasonable doubt.

9. Charging the accused: If a judge finds probable cause during a preliminary hearing than a formal charging instrument called a ______________ is issued.

bill of information

5. Arraignment: Juvenile cases in court are meant to be more rehabilitative and more focused toward treatment and ________ .

counseling

5. Charging the accused: If prosecutor proceeds without a grand jury then a ____________ formally charges the accused.

criminal complaint

5. Plea bargains and pretrial motions: Pretrial motions can be made by the prosecution and ________.

dismissed

4. The trial: Witnesses fall into two categories- ______ witnesses and _______ witnesses.

fact, expert

1. Appending the judgement: Defendant cannot re-argue the _______ or submit new evidence.

facts

Probable cause

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.

2. Plea bargains and pretrial motions: If no plea bargain and defendant claims his innocence, the case moves to a _______ trial.

formal

2. Deliberations and verdict: If a majority decision cannot be met than a _______ is declared and the judge rules a _________.

hung jury, mistrial

2. Charging of the accused: If enough evidence exists then the suspect is _______.

indicted

3. Charging of the accused: A formal document charging someone with a crime is called an ________.

indictment

8. Charging the accused: If a grand jury finds probable cause, an __________ is confirmed and filed.

indictment

1. Plea bargains and pretrial motions: a defendant pleads to a ________ charge or a recommendation of a lighter sentence. Most cases are settled before trial with a ______ bargain.

lesser, plea

3. Arraignment: Pleas consist of guilty, not guilty and nolo contender which means ________.

no contest

4. Plea bargains and pretrial motions: Arguments concerning what is admissible or _________ and are made after the preliminary hearing but before trial.

not pretrial admissible

7. Charging the accused: Preliminary hearing is ______ to the public and the accused has the right to be represented by an attorney who can cross examine without and present favorable _________.

open, evidence

2. The trial: Evidence is of two types which are _________ & ___________.

physical, testimony of witness

2. Pre-trial procedures: Anytime a crime is going to be present to a grand jury or an indictment, they are entitled to a __________.

preliminary hearing

1. Pre-trial Procedures: First step is to decide if there is enough evidence to support a conviction is _________ to proceeding to a trial.

probable cause

1. Arraignment: Bail money can be paid cash , credit, and _________.

property

1. The trial: Opening statements are to educate the jury on what you are going to ______.

prove

1. Sentencing: Probation: being placed under court ___________ where there is no jail time as long as the conduct is satisfactory.

supervision