Chapter 9 Criminal Courts
Courts of Original Jurisdiction
Courts of the first instance; these courts have the ability to try cases but also include our appellate courts of appeals
Inferior/ Lower Courts
Deal with matters of relatively lesser consequences
Prosecutors
Determine charge, level of charge, number of offenses, whether they should plea bargain or take to trial or Nolle Prosequie
Bench Trial
Determine guilt or innocence of defendant
Overruled Objection
Doesn't agree with objection, allowing other attorney to continue with their line of questioning or presentation of evidence
US Supreme Court
National COLR = only judicial body created by the Constitution
Nolle Prosequi
Not charging a suspect
Determinate Sentencing
Permits judges to impose fixed sentences that cannot be altered by the parole board
Judges
Primary responsibility in criminal court is to adjudicate
Internal Pressure
Prosecutors case load, availability of resources
Organizational
Looks at internal and external pressures that prosecutors face
Evidential Charging Consideration
Absence or presence of proof about required legal elements necessary in a criminal case
Sustains Objection
Agreeing with attorney's objection that the question was out of line
Indeterminate Sentencing
Allows the judge to set minimum/ maximum sentence within the limits of the legislature
Sentencing Decisions
Based on 3 factors 1. Blameworthiness 2. Prior Record 3. Implications of sending someone to prison
Pre-Sentence Report
Conducted by a probation officer into an offenders background to assist the judge in deterring an appropriate sentence
Appellate Courts
Correct any errors that have been made by our trial courts
Powell v. Alabama
Court decision in 1932; SC ruled any defendant accused of capital offense has right to counsel
Gideon v. Wainwright
Court decision in 1963; SC says indigent (poor) defendants must be provided legal counsel in non-capital cases
Civil Jurisdiction
Entails hearing and deciding cases of bankruptcy, small claims, family, etc.
Criminal Jurisdiction
Entails hearing and deciding individuals who have been charged with misdemeanors and felonies
Superior/ General Courts
Have jurisdiction over the most significant of human affairs
External Pressure
Public opinon on case, famous victims or offenders, dealing with cases with large sums of money
Truth in Sentencing Laws
Reduce possibility of early release from prison and offenders reoffending
Prosecutors
Represent State at every level of criminal proceedings; also known has District Attorney or DA
Defense Attorney
Represents defendant at all critical stages of criminal court proceedings
Violent Crime and Law Enforcement Act of 1994
Required states that wished to qualify for federal financial aid to change their laws
Pragmatic
Results from prosecutors duty to both society and accused
Court of Last Resort
Supreme Court of the State; have an odd number of judges