Test #3 Intro to Criminal Justice

Initial Appearance

An accused's first appearance before a judge or magistrate following arrest; during the appearance, the defendant is informed of the charges, advised of the right to counsel, told the amount of bail, and given a date for the preliminary hearing.

Indeterminate Sentencing

An indeterminate term of incarceration in which a judge determines the minimum and maximum terms of imprisonment. When the minimum term is reached, the prisoner becomes eligible to be paroled.

Preliminary Hearing

An initial hearing in which a magistrate decides if there is probable cause to believe that the defendant committed the crime with which he or she is charged.

Allen Charge

An instruction by a judge to a deadlocked jury with only a few dissenters that asks the jurors in the minority to reconsider the majority opinion.

Presentence Investigative Report

An investigative report on an offender's background that assists a judge in determining the proper sentence.

Hearsay

An oral or written statement made by an out-of-court declarant that is later offered in court by a witness (not the declarant) concerning a matter before the court. Hearsay usually is not admissible as evidence.

Habeas Corpus

An order that requires correctional officers to bring an inmate before a court or a judge and explain why he or she is being held in prison.

Aggravating Circumstances

Any circumstances accompanying the commission of a crime that may justify a harsher sentence.

Mitigating Circumstances

Any circumstances accompanying the commission of a crime that may justify a lighter sentence.

Evidence

Anything that is used to prove the existence or nonexistence of a fact.

Closing Arguments

Arguments made by each side's attorney after the cases for the plaintiff and defendant have been presented.

Identify the basic protections enjoyed by criminal defendants in the United States.

At the arraignment, the defendant is informed of the charges and must respond by pleading not guilty or guilty. In some but not all states, the defendant may also enter a plea of nolo contendere, which is Latin for "I will not contest it." The plea of nolo contendere is neither an admission nor a denial of guilt. Most frequently, the defendant pleads guilty to the initial charge or to a lesser charge that has been agreed on through plea bargaining between the prosecutor and the defendant.

Partisan Elections

Elections in which candidates are affiliated with and receive support from political parties; the candidates are listed in conjunction with their party on the ballot.

Nonpartisan Elections

Elections in which candidates are presented on the ballot without any party affiliation.

Rebuttal

Evidence given to counteract or disprove evidence presented by the opposing party.

Relevant Evidence

Evidence tending to make a fact in question more or less probable than it would be without the evidence. Only relevant evidence is admissible in court.

Direct Evidence

Evidence that establishes the existence of a fact that is in question without relying on inference.

Real Evidence

Evidence that is brought into court and seen by the jury, as opposed to evidence that is described for a jury.

Voir Dire

The preliminary questions that the trial attorneys ask prospective jurors to determine whether they are biased or have any connection with the defendant or a witness.

Describe the responsibilities of defense attorneys.

The primary responsibility of the defense attorney is to represent the defendant at the various stages of the custodial process, such as arrest, interrogation, lineup, and arraignment. Other responsibilities include: Investigating the incident for which the defendant has been charged, Communicating with the prosecutor, which includes negotiating plea bargains, preparing the case for trial, submitting defense motions, representing the defendant at trial, negotiating a sentence if the client has been convicted, and determining whether to appeal a guilty verdict.

Plea Bargaining

The process by which the accused and the prosecutor work out a mutually satisfactory conclusion to the case, subject to court approval. Usually, plea bargaining involves the defendant's pleading guilty to a lesser offense in return for a lighter sentence.

Appeal

The process of seeking a higher court's review of a lower court's decision for the purpose of correcting or changing the lower court's judgment or decision.

Case Attrition

The process through which prosecutors, by deciding whether to prosecute each person arrested, effect an overall reduction in the number of persons prosecuted. As a result, the number of persons convicted and sentenced is much smaller than the number of persons arrested.

What are the several levels of a typical state court system?

(1) lower courts, or courts of limited jurisdiction; (2) trial courts of general jurisdiction; (3) appellate courts; and (4) the state's highest court.

Incapacitation

A strategy for preventing crime by detaining wrongdoers in prison, thereby separating them from the community and reducing criminal opportunities.

List the six basic steps of an appeal.

1. Notice of Appeal, 2. Transfer Records, 3. File Briefs, 4. Oral Arguments, 5. Judicial Opinions, and 6. Disposition

Bail Bondsperson

A businessperson who agrees, for a fee, to pay the bail amount if the accused fails to appear in court as ordered.

Indictment

A charge or written accusation, issued by a grand jury, that probable cause exists to believe that a named person has committed a crime.

Arraignment

A court proceeding in which the suspect is formally charged with the criminal offense stated in the indictment. The suspect enters a plea (guilty, not guilty, nolo contendere) in response.

Acquittal

A declaration following a trial that the individual accused of the crime is innocent in the eyes of the law and thus absolved from the charges.

Verdict

A formal decision made by the jury.

Judicial Misconduct

A general term describing behavior that diminishes public confidence in the judiciary. This behavior includes obviously illegal acts, such as bribery, and conduct that gives the appearance of impropriety, such as consorting with known felons.

Release on Recognizance (ROR)

A judge's order the releases an accused from jail with the understanding that he or she will return for further proceedings of his or her own will; used instead of setting a monetary bond.

Hung Jury

A jury whose members are so irreconcilably divided in their opinions that they cannot reach a verdict.

Missouri Plan

A method of selection judges that combines appointment and election. Under the plan, the state governor or another government official selects judges from a group of nominees chosen by a nonpartisan committee. After a year on the bench, the judges face a popular election to determine whether the public wishes to keep them in office.

Determinate Sentencing

A period of incarceration that is fixed by a sentencing authority and cannot be reduced by judges or other corrections officials.

Magistrate

A public civil officer or official with limited judicial authority within a particular geographic area, such as the authority to issue an arrest warrant.

"Good Time"

A reduction in time served by prisoners based on good behavior, conformity to rules, and other positive actions.

Writ of Certiorari

A request from a higher court asking a lower court for the record of a case. In essence, the request signals the higher court's willingness to review the case.

Attorney-Client Privilege

A rule of evidence requiring that communications between a client and his or her attorney be kept confidential, unless the client consents to disclosure.

Rule of Four

A rule of the United States Supreme Court that the Court will not issue a writ of certiorari unless at least four justices approve of the decision to hear the case.

Just Deserts

A sanctioning philosophy based on the assertion that criminals deserve to be punished for breaking society's rules. The severity of the punishment should be determined by no other factor than the severity of the crime.

Sentencing Discrimination

A situation in which the length of a sentence appears to be influenced by a defendant's race, gender, economic status, or other factor not directly related to the crime he or she committed.

Sentencing Disparity

A situation in which those convicted of similar crimes do not receive similar sentences.

Departure

A stipulation in many federal and state sentencing guidelines that allows a judge to adjust his or her sentencing decision based on the special circumstances of a particular case.

Jury Trial

A trial before a judge and a jury.

Bench Trial

A trial conducted without a jury, in which a judge makes the determination of the defendant's guilt or innocence.

Challenge for Cause

A voir dire challenge for which an attorney states the reason why a prospective juror should not be included on the jury.

Peremptory Challenge

A voir dire challenge to exclude potential jurors from serving on the jury without any supporting reason or cause.

Lay Witness

A witness who can truthfully and accurately testify on a fact in question without having specialized training or knowledge; an ordinary witness.

Expert Witness

A witness with professional training or substantial experience qualifying her or him to testify on a certain subject.

Identify the steps involved in the pretrial criminal process.

Booking, Initial Appearance, Grand Jury/Preliminary Hearing, Indictment/Information, Arraignment, Plea Bargain, Guilty Plea/Trial

List the six forms of punishment.

Capital Punishment, Imprisonment, Probation, Fines, Restitution and community service, and Restorative Justice.

Contrast challenges for cause and preemptory challenges during voir dire.

Challenges for cause is where an attorney states the reason why a prospective juror should not be included on the jury. Peremptory challenge is to exclude potential jurors from serving on the jury without any supporting reason or cause.

Public Defenders

Court-appointed attorneys who are paid by the state to represent defendants who are unable to hire private counsel.

Trial Courts

Courts in which most cases usually begin and in which questions of fact are examined.

Appellate Courts

Courts that review decisions made by lower courts, such as trial courts; also known as courts of appeals.

Discovery

Formal investigation prior to trial. During discovery, the defense uses various methods to obtain information from the prosecution to prepare for trial.

Identify the two stages that make up the bifurcated process of death penalty sentencing.

In the first stage, a jury determines the guilt or innocence of the defendant for a crime that has statutorily been determined to be punishable by death. If the defendant is found guilty, then, the jury reconvenes in the second stage and considers all relevant evidence to decide whether the death sentence is in fact warranted. Therefore, even if a jury were to find the defendant guilty of a crime, such as first degree murder, that may be punishable by death, in the second stage it could decide that the circumstances surrounding the crime justified only a punishment of life in prison.

Contrast indeterminate with determinate sentencing.

Indeterminate sentencing is an incarceration in which a judge determines the minimum and maximum terms of imprisonment. When the minimum term is reached, the prisoner becomes eligible to be paroled. Determinate sentencing is a period of incarceration that is fixed by a sentencing authority and cannot be reduced by judges or other corrections officials.

Circumstantial Evidence

Indirect evidence that is offered to establish, by inference, the likelihood of a fact that is in question.

Public Prosecutors

Individuals, acting as trial lawyers, who initiate and conduct cases in the government's name and on behalf of the people.

Explain why sentencing reform has occurred.

Judicial discretion, then, appears to be a double-edged sword. Although it allows judges to impose a wide variety of sentences to fit specific criminal situations, it appears to fail to rein in a judge's subjective biases, which can lead to disparity and perhaps discrimination. Critics of judicial discretion believe that its cost (the lack of equality) outweigh its benefits (providing individualized justice).

Nolo Contendere

Latin for "I will not contest it." A criminal defendant's plea, in which he or she chooses not to challenge, or contest, the charges brought by the government. Although the defendant may still be sentenced or fined, the plea neither admits nor denies guilt.

Truth-in-Sentencing Laws

Legislative attempts to ensure that convicts will serve approximately the terms to which they were initially sentenced.

Sentencing Guidelines

Legislatively determined guidelines that judges are required to follow when sentencing those convicted of specific crimes. These guidelines limit judicial decision.

Explain why there is a difference between a sentence imposed by a judge and the actual sentence served out by the prisoner.

Often, the amount of time prescribed by a judge bears little relation to the amount of time the offender actually spends behind bars. In states with indeterminate sentencing, parole boards have broad powers to release prisoners once they have served the minimum portion of their sentence. Furthermore, all but four states offer prisoners the opportunity to reduce their sentences by doing "good time" or behaving well- as determined by prison administrators. Sentence-reduction programs promote discipline within a correctional institution and reduce overcrowding; therefore, many prison officials welcome them.

Explain how a prosecutor screens potential cases?

Once police have charged a defendant with committing a crime, prosecutors can prosecute the case as it stands, reduce or increase the initial charge, file additional charges, or dismiss the case. Indeed, the discretion of a prosecutor when it comes to charging a person with having committed a crime is far ranging. It is not, however, entirely correct to say such powers are unlimited. Controls are indirect and informal, but they do exist.

List the different names given to public prosecutors and the general powers that they have.

Public prosecutors are employed by the government. The public prosecutor in federal criminal cases is called a U.S. attorney. In cases tried in state/local courts, the public prosecutor may be referred to as prosecuting attorney, state prosecutor, state's attorney, district attorney, county attorney, or city attorney. During the pretrial process, however, prosecutors hold a great deal of discretion in deciding the following: (1) whether an individual who has been arrested by the police will be charged with a crime, (2) the level of the charges to be brought against the suspect, and (3) If and when to stop the prosecution.

Rehabilitation

The philosophy that society is best served when wrongdoers are provided the resources needed to eliminate criminality from their behavioral pattern rather than simply being punished.

List and contrast the four basic philosophical reasons for sentencing criminals.

Retribution, Deterrence, Incapacitation and Rehabilitation

Dissenting Opinions

Separate opinions in which judges disagree with the conclusion reached by the majority of the court and expand on their own views about the case.

Concurring Opinions

Separate opinions prepared by judges who support the decision of the majority of the court but who want to make or clarify a particular point or to voice disapproval of the grounds on which the decision was made.

Opinions

Statements by the court expressing the reason for its decision in a case.

Habitual Offender Laws

Statutes that require lengthy prison sentences for those who are convicted of multiple felonies.

Mandatory Sentencing Guidelines

Statutorily determined punishments that must be applied to those who are convicted of specific crimes.

Retribution

The philosophy that those who commit criminal acts should be punished based on the severity of the crime and that no other factors need be considered.

Explain the difference between testimony and real evidence; between lay witnesses and expert witnesses; and between direct and circumstantial evidence.

Testimony is verbal evidence given by witnesses under oath. Real evidence is brought into court and seen by the jury, as opposed to evidence that is described for a jury. A lay witness can truthfully and accurately testify on a fact in question without having specialized training or knowledge; an ordinary witness. An expert witness has professional training or substantial experience qualifying her or him to testify on a certain subject. Direct evidence establishes the existence of a fact that is in question without relying on inference. Circumstantial evidence is offered to establish, by inference, the likelihood of a fact that is in question.

Explain what "taking the Fifth" really means.

The Fifth Amendment states that no person "shall be compelled in any criminal case to be a witness against himself." Therefore, a defendant has the right not to testify at a trial if to do so would implicate him or her in the crime. Witnesses may also refuse to testify on the ground. It is important to note that not only does the defendant have the right to "take the Fifth," but also that the decision to do so should not prejudice the jury in the prosecution's favor.

Explain briefly how a case is brought to the U.S. Supreme Court

The Supreme Court "makes" criminal justice policy in two important ways: through judicial review and through its authority to interpret the law. The Court must also determine the meaning of certain statutory provisions when applied to specific situations. Deciding what the framers of the Constitution or a legislative body meant by a certain phrase or provision is never easy, and inevitably, at least to some extent, the personal attributes of the justices come into play during the process. With a writ of certiorari, the Supreme Court orders a lower court to send it the record of a case for review. A party can petition the Supreme Court to issue a writ of certiorari, but whether the Court will do so is entirely within its discretion. The Court will not issue a writ unless at least four justices approve of it (rule of four).

"Real Offense"

The actual offense committed, as opposed to the charge levied by a prosecutor as the result of a plea bargain. Judges who make sentencing decisions based on the real offense are often seen as undermining the plea bargain process.

Bail

The amount or conditions set by the court to ensure that an individual accused of a crime will appear for further criminal proceedings. If the accused person provides bail, whether in cash or by means of a jail bond, then she or he is released from jail.

Opening Statements

The attorneys' statements to the jury at the beginning of the trial. Each side briefly outlines the evidence that will be offered during the trial and the legal theory that will be pursued.

Jurisdiction

The authority of a court to hear and decide cases within an area of the law or a geographic territory.

Attorney General

The chief law officer of a state; also, the chief law officer of the nation.

List and describe the members of the courtroom work group

The courtroom work group is made up of those individuals who are involved with the defendant from the time she or he is arrested until sentencing. The most prominent members are the judge, the prosecutor, and the defense attorney. Three other court participants complete the work group: Baliff of the court- responsible for maintaining security and order int the judge's chambers and the courtroom. The clerk of the court has an exhausting list of responsibilities. Any plea, motion, or other matter to be acted on by the judge must go through the clerk. Court reporters record eery word that is said during the course of the trial. They also record any depositions, or pretrial question-and-answer sessions in which a party or a witness answers an attorney's questions under oath.

Direct Examination

The examination of a witness by the attorney who calls the witness to the stand to testify.

Information

The formal charge against the accused issue by the prosecutor after a preliminary hearing has found probable cause.

Grand Jury

The group of citizens called to decide whether probable cause exists to believe that a suspect committed the crime with which she or he has been charged.

Venire

The group of citizens from which the jury is selected.

Charge

The judge's instructions to the jury following the attorneys' closing arguments; the charge sets forth the rules of law that the jury must apply in reaching its decision, or verdict.

Defense Attorney

The lawyer representing the defendant.

Docket

The list of cases entered on a court's calendar and thus scheduled to be heard by the court.

Master Jury List

The list of citizens in a court's district from which a jury can be selected; often compiled from voter-registration lists, driver's license lists, and other sources.

Indicate circumstances in which a criminal defendant may be tried a second time for the same act.

The prohibition against double jeopardy means that once a criminal defendant is found not guilty of a particular crime, the government may not reindict the person and retry him or her for the same crime. The bar against double jeopardy does not preclude a civil suit's being brought against the same person by a crime victim to recover damages. It is also important to understand that once the appeal process begins, the defendant is no longer presumed innocent. The burden of proof has shifted, and the defendant is obligated to prove that her or his conviction should be overturned. For the most part, defendants are not required to exercise their right to appeal. The one exception is in the case of the death sentence.

Cross-Examination

The questioning of an opposing witness during trial.

Preventive Detention

The retention of an accused person in custody due to fears that she or he will commit a crime if released before trial.

Dual Court System

The separate but interrelated court system of the United States, made up of the courts on the national level and the courts on the state level.

Courtroom Work Group

The social organization consisting of the judge, prosecutor, defense attorney, and other court workers. The relationships among these persons have a far-reaching impact on the day-to-day operations of any court.

Beyond a Reasonable Doubt

The standard used to determine the guilt or innocence of a person charged with a crime. To be guilty of a crime, a suspect must be proven guilty "beyond and to the exclusion of a reasonable doubt."

Deterrence

The strategy of preventing crime through the threat of punishment. It assumes that potential criminals will weigh the costs of punishment versus the benefits of the criminal act; therefore, punishments should be severe.

State who has input into sentencing decision and list the factors that determine a sentence.

The two main participants in this ritual are the judge and the defendant, but prosecutors, defense attorneys, and probation officers also play a role in the proceedings. Individualized justice requires that the judge consider all the relevant circumstances in making sentencing decisions. Therefore, judicial discretion is often tantamount to informed discretion- without the aid of the other members of the courtroom work group, the judge would not have sufficient information to make the proper sentencing choice. In making the final decision, however, most judges consider two factors above all others: the seriousness of the crime and any mitigating or aggravating circumstances.

Capital Punishment

The use of the death penalty to punish wrongdoers for certain crimes.

Oral Arguments

The verbal arguments presented in person by attorneys to an appellate court. Each attorney presents reasons why the court should rule in his or her client's favor.

Outline the federal court system

This is basically a three-tiered model consisting of (1) U.S. district courts (trial courts of general jurisdiction) and various courts of limited jurisdiction, (2) U.S. courts of appeals (intermediate court of appeals), and (3) the United States Supreme Court.

Double Jeopardy

To twice place at risk (jeopardize) a person's life or liberty. The Fifth Amendment to the U.S. Constitution prohibits a second prosecution for the same criminal offense.

What's the difference between trial and appellate courts?

Trial courts are where most cases usually begin and in which questions of fact are examined. Appellate courts review decisions made by lower courts, such as trial courts.

Testimony

Verbal evidence given by witnesses under oath.

Describe the main issue of the death penalty debate.

Whether or not capital punishment is imposed arbitrarily, some observers claim that it is not done without bias. Another set of statistics also continues to be problematic. African Americans are approximately four times more likely to receive the death penalty if their victim is white than if he or she is black. Finally as we saw earlier, new evidence uncovered by DNA technology has resulted in the exoneration of numerous death row inmates over the past several decades, a trend that will certainly continue. The main focus is no longer on the morality of executions, but rather on how the sentence of death can be made fairer.