Ch. 8-9 Flashcards

(42 cards)

1
Q

An action that constitutes a violation of the law

A

Crime

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2
Q

The eight crimes that the FBI uses to create a yearly crime list:
Homicide, Forcible Rape, Arson, Robbery, Burglary, Aggravated Assault, Larceny over $50, Vehicle Theft

A

Index Crimes

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3
Q

See someone by legal authority and taken into custody

A

Arrest

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4
Q

First Appearance by a criminal defendant before judge or magistrate

A

Initial Appearance

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5
Q

Person arrested is required to pay fee to go free

A

Bail

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6
Q

Takes place in criminal court proceedings soon after the defendant has been criminally arraigned, the judge determines if there is enough evidence for the defendant to stand trial

A

Preliminary Hearing

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7
Q

Prosecution may file charges on all crimes for which the police arrested a suspect; prosecutor can decide to whether or not to press charges

A

Charging (with a crime)

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8
Q

A jury that examines the validity of the accusation before trial; they can charge or not, can also determine whether criminal charges (usually 23 people)

A

Grand Jury

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9
Q

A hearing where the person is accused of a crime is called before the court to answer to criminal charges or incitement, occur shortly after the arrest and booking the defendant will hear the charges and will have to enter a plea of guilty or not guilty

A

Arraignment

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10
Q

A person accused of a crime

A

Defendant

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11
Q

A person who charges a fee to criminal defendants in exchange for helping pay their bail

A

Bail Bondsman

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12
Q

Imprisonment of a person with the aim of preventing them from committing further defenses or a mandatory public order

A

Preventive Detention

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13
Q

A public official who initiates public proceedings against a person accused of a crime

A

Prosecutor

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14
Q

A formal document filed with a court of law or law enforcement agency, presenting a concise narration of an alleged criminal conduct and the identification of involved parties

A

Charging Documents

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15
Q

First document filed by PLAINTIFF against the defendant, contains the facts and reasons why the plaintiff is bringing charges against defendant

A

Complaint

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16
Q

A statement informing a magistrate of the offenses for which a warrant or summon is solved; an accusation or complaint

A

Information

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17
Q

A formal accusation based on available evidence; probable cause

18
Q

Reasonable grounds for making an arrest or search by police; usually made decided by judge

A

Probable Cause

19
Q

If evidence is deemed sufficient, a grand jury will issue a true bill of indictment that there is probable cause

20
Q

Evidence obtained illegally cannot be used in court

A

Exclusionary Rule

21
Q

A formal notice of abandonment by plaintiff or prosecutor on all or part of suit of action; a voluntary ending of a case before the trial or verdict is rendered

A

Noelle Prosequi

22
Q

Major participants in the criminal justice system: prosecutor, defendant, defense attorney, judge

A

Courthouse Work Group

23
Q

Norms in proper sentencing based on the crime committed

A

Normal Penalties

24
Q

Process through which a defendant pleads guilty to criminal charge with the expectation of receiving some benefit from the state

A

Please Bargaining

25
A type of plea bargaining in what is relevant in a guilty plea, the prosecutor allows the defendant to plead guilty to a less serious charge than the one filed
Charge Bargaining
26
A type of plea bargaining in which a defendant pleads guilty to the same, but not all, of the counts contained in the charging document, which reduces the potential sentence
Count Bargaining
27
A type of plea bargain in which the defendant pleads guilty knowing the sentence bargain is less than the maximum sentence
Sentence Bargaining
28
A defendant plea of “no contest” in a criminal case- does not admit guilt but submits to sentencing or other punishments
Plea of Nolo Contendere
29
Offered plea is an informal admission of guilt and expression of innocence is ceremonial court; a plea bargain that allows the defendant to accept the consequences of a guilty verdict without a trial
Alford Plea
30
Parole
Continual release of an inmate from prison after serving a portion of the sentence
31
“Good Time”
Days off a sentence for good behavior
32
Probation
Punishment for crime that allows the offender to remain in the community without incarceration but subject to certain conditions
33
Fine
Sum of money to be given to the state by a conceited person as a punishment for an offense
34
Pre sentence Investigation
Probation officers present to the judge a report containing information about the offender so the judge can base his/her sentencing decision
35
Prior record
Defendant’s previous history of criminal corrections
36
Sentencing Discrimination
Illegitimate influence on sentence process
37
Sentencing Disparity
Inconsistencies in sentencing
38
Geography of justice
Variations in sentencing- different variations, different locations
39
Sentencing guidelines
Attempt to reduce disparities and discriminations in sentencing by providing judges with a structure to guide their decisions
40
Capital punishments
Use of death penalty as the punishment for the commission of a particular crime
41
Cruel and Unusual Punishment
Punishment by the government that is prohibited by the 8th amendment of the constitution
42
Bifurcated Trial
Only in death penalty cases; two part trial: first for guilt or innocence, the second for death penalty