Exam 3 Flashcards
(45 cards)
Jurisdiction
-The territory, subject matter, or people over which a court may exercise lawful authority
Trial de novo
Term applied to cases that are retried on appeal
Appeal
The request that a court with appellate jurisdiction review the judgment
Dispute Resolution Center
Informal hearing place designed to mediate interpersonal disputes without resorting to a more formal arrangement of a criminal trial court
Community Court
A low-level court that focuses on quality-of-life crimes that erode neighborhoods’ morale, that emphasizes problem-solving rather than punishment
Bail
-The most common release/detention decision-making mechanism in American courts
-Serves two purposes:
.Helps ensure reappearance of the accused.
.Prevents un-convicted persons from suffering
imprisonment unnecessarily.
-Bail Bond
A document guaranteeing the appearance of a
defendant in court as required
Competent to stand trial
A finding by the court that the defendant has sufficient present ability to consult with his or her attorney with a reasonable degree of rational understanding
Grand Jury
A group of jurors who have been selected according to law and have been sworn to hear the evidence and to determine whether or not there is sufficient evidence to bring the accused person to trial
-Hearings are held in secret.
-Defendant generally does not appear.
-No opportunity to cross-examine prosecution witnesses.
Public defender
Have either their own practice of work for law firms in which they are partners or employees
-Charge by the hour
Expert witness
A person who has special knowledge and skills recognized by the court as relevant to the determination of guilt or innocence
-Can express opinions or draw conclusions in their testimony
-Is usually vied by jurors as more trustworthy than other forms of evidence
Voir dire
a preliminary examination of a witness or a juror by a judge or counsel
basically jury selection
Scientific jury selection
The use of correlational techniques from the social sciences to gauge the likelihood that potential jurors will vote for conviction or for acquittal
Probative value
The degree to which evidence is useful in proving something important in a trial
Aggravating circumstances
Circumstances relating to the commission of a crime that make it more grave than the average instance of that crime
Mitigating circumstances
Circumstances relating to the commission of a crime that may be considered to reduce the blameworthiness of the offender
Truth in Sentencing laws
Truth in sentencing laws came out of legislation signed by President Bill Clinton. They were passed to prevent the early release of convicted offenders. These laws, created to require convicted persons to serve at least 85% of their sentence, regardless of good behavior or earned time, apply to Part I crimes.
Three strikes laws
The Three Strikes law significantly increases the prison sentences of persons convicted of felonies who have been previously convicted of a violent or serious felony, and limits the ability of these offenders to receive a punishment other than a prison sentence.
Increase punishments for repeat offenders
Presentencing report
The examination of a convicted offender’s background prior to sentencing
Victim impact statement
An in-court statement made by the victim or survivor to sentencing authorities, seeking to make an informed sentencing decision
One study of the efficacy of victim-impact statements found that sentencing decisions are rarely affected by them.
Habeas corpus
All death sentences are automatically reviewed by appellate courts
Where a federal court case begins
U.S. district courts
Type of cases the levels of state courts hear
State Trial Courts
* Trial courts of limited jurisdiction are also called lower courts.
Authorized to hear only less serious cases.
Rarely hold jury trials
A detailed record of the proceedings is not maintained.
* Trial courts of general jurisdiction are also called high courts, circuit courts, or superior courts.
Authorized to hear any criminal case.
Also provide first appellate level for courts of limited jurisdiction
Trial de novo
Term applied to cases that are retried on appeal.
Types of appeals
What circuit court jurisdiction you are in
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