Chapter 7 Flashcards
(25 cards)
Adversarial process
Court process, employed in the United States and the other former British colonies, in which lawyers for each side represent their clients’ best interests in presenting evidence and formulating arguments as a means to discovering the truth and protect the rights of defendants.
Inquisitorial process
Court process, employed in most countries of the world, in which the judge takes an active role in investigating the case and examining evidence by, for example, questioning witnesses .
Jurisdiction
The geographic territory or legal boundaries within which countries control may be exercised; The range of a courts’ authority
Trial courts of limited Jurisdiction
Criminal courts with trial jurisdiction over misdemeanor cases and preliminary matters in felony cases. Sometimes these courts hold felony trials may result in penalties below a specific limit
Trial courts in General Jurisdiction
Criminal courts with jurisdiction over all offenses, including felonies. In some other states, these courts also hear appeals
Appellate courts
Courts that do not try criminal cases, but hear appeals of decisions of lower courts.
Problem Solving courts
Lower-level courts dedicated to addressing particular social problems or troubled populations. Examples of such courts include drug courts, domestic violence courts, and mental health courts.
Partisan elecitons
An election in which candidates openly affiliated with political parties are presented to voters for selection.
Non partisan elections
An election in which candidates’ party affiliations are not listed on the ballot
Merit election
A reform plan by which judges are nominated by a committee and appointed by the governor for a given period. When the term expires, the voters approve or disapprove the judge for a succeeding term. If the Judge is disapproved, the committee nominates a successor for the governor’s appointment.
Prosecutor’s Attorney
A legal representative of the state with sole responsibility for bringing criminal charges.
United States Attorneys
Officials responsible for the prosecution of crimes that violate the laws of The United States. Appointed by the President and assigned to a US Districts court Jurisdiction
State Attorney Generals
Chief Legal officers of a state, responsible for both Civil and criminal Matters
Count
Each separate offense of which a person is accused in an indictment or an information
Discovery
A prosecutor’s pretrial disclosure to the defense of acts and evidence to be introduced at trial
Nolle prosequi
An entry, made by a prosecutor on the record of a case and announced in court, indicating that the charges will not be prosecuted. In effect, the charges are thereby dismissed
Accusatory process
The series of events from the arrest of a suspect to the filing of a formal charge (through an indictment or information) within the court
Defense attorney
The Lawyer who represents the accused offenders and convicted offenders in their dealings with criminal justice
Assigned counsil
An attorney in private practice assigned by a court to represent an indigent. The attorney’s fee is paid by the government with jurisdiction over the case
Contract council
An attorney in private practice who contracts with the government to represent all indigent defendants in a county during a set period of time and for a specified dollar amount
Public defender
An Attorney employed on a full-time, salaried basis by a public or private non-profit organizations to represent indigents.
Local Legal culture
Norms shared by members of a court community as to how cases should be handled and how a participant should behave in the judicial process
Going rate
Local court officials’ shared view of the appropriate sentence for a given offense, the defendant’s prior record, and other case characteristics
Continuence
An adjournment of a scheduled case until a later date
