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