final Flashcards

(34 cards)

1
Q

3 main components of cj system

A

courts, police, corrections

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2
Q

3 major types of courts in US

A

trial, appellate, supreme

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3
Q

12 steps in cj process

A

arrest
initial appearence
bail
prelim hearing
grand jury
arraignment
discovery
pretrial motions
plea negotiation
trial
sentencing
appeal

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4
Q

what is the crime control model

A

conservative, proposes harsh penalities

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5
Q

what is the due process model

A

liberal, advocates programs and reducing poverty

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6
Q

4 elements of law

A

REAL
body of rules
enforced regularly
enacted by persons authorized
legitimate manner

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7
Q

whats the difference between natural and positive law

A

natural moral basis and binds to society, positive is human made and changes w circumstance

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8
Q

what is it when 2 parties approach the same set of facts from different perspectives

A

adversary system

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9
Q

what is substantive law

A

the what?
rules that create legal obligations/ expectations

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10
Q

what is procedural law

A

the how?
establishes methods of enforcing obligations
burden of proof is on the prosecutor beyond a reasonable doubt

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11
Q

examples of civil disputes

A

tort, contracts, property, divorce, inheritance

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12
Q

elements of trial court

A

original jurisdiction, 1 judge, determine guilt or innocence

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13
Q

elements of appellate court

A

review, no jury, determine correct interpretation of law

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14
Q

courts top to bottom

A

supreme
appellate
trial/ us district
others, military, tax

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15
Q

what is parens patrie

A

efforts to change the thinking about children

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16
Q

elements of juv c

A

help child, informal proceedings, proceedings based on civil law, secret proceedings, no jury

17
Q

elements of adult c

A

punishment, formal, proceedings based on criminal law, open proceedings, jury trial

18
Q

who is in courtroom work group

A

judges, hearing officers, prosecutors, defense attorneys, probation officers

19
Q

appellate c proceedures 4

A

notice of appeal
appellate c record
appellate breifs
oral arguement

20
Q

types of disposition

A

affirmed, reversed, reversed and remanded, remanded

21
Q

elements of lawyers

A

protect clients, do not allow them to perjured themselves

22
Q

elements of prosecutors

A

not to convict, but to see that justice is done

23
Q

3 systems to for a defense attorney

A

assigned- appointed by judge
contract systems- services for dollar amt
public defender- salaried public official

24
Q

judges powers 4

A

set and revoke bail, preside over pretrial matters, preside over trials, sentencing

25
3 types to hire judges
executive appt- appointed by pres and confirmed by senate election- used in most states merit- remove politics from c
26
3 main characteristics of all indigents
gender, poverty, race
27
3 programs that aid victims
assistance programs- treatment and therapy compensation- $ to victims bill of rights- protection
28
4 types of charging documents
arrest warrant criminal complaint indictment information
29
arrest warrant
used by arresting officer, needed to take into custody
30
criminal complaint
grand jury, lists charges and why
31
indictment
grand jury, formal written accusation
32
information
prosecutor, read final charges
33
burden of proof in trial court
beyond a reasonable doubt
34
3 facets of discretion
legal judgements- basic q such is there evidence beyond a reasonable doubt policy priorities- pros devote greater resources to more serious offenses personal standards of justice- attitudes of members of croom wgroup about what actions should be punished