L12 Victims & Crime Justice System Flashcards

(11 cards)

1
Q

Characteristics of Criminal Court System in US

A
  • based on federalism (dual system of state & federal court)
  • little to no supervision from supreme court to lower courts
  • specialisation (limited jurisdiction courts heat misdemeanor case, general jurisdiction courts trieds felonies
  • geographic orgnaization (diff senstencing in diff. geographical courts despite same crime)
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2
Q

What are the State Court System

A

3 Levels:
trial court
appellate courts
state supremem courts

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3
Q

What is the key functions of Trial court?

A

Where criminal cases start and finish: Courts of limited or special jurisdiction:
Limited: hear certain types of minor civil or criminal cases
Special: hear certain types of specialized matters, e.g., divorces, child custody matters, and juvenile hearings.
Courts of general jurisdiction:
Hear all major civil or criminal cases
Having the power to order individual to do or refrain from doing certain acts.

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4
Q

What are the types of Courts of general jurisdiction?

A

superior courts; circuit courts; district courts; or courts of common pleas.

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5
Q

What is the key functions of Appellant court?

A

Courts of appeals:
Intermediate appellate courts
Hear all appeals within their jurisdiction
Deal strictly with legal or equitable issues There is no jury to decide factual disputes.
Having the authority to reverse the decision of the lower
courts and to send the matter back with instructions to retry the case in accordance with their opinion.
Upholding the decision of the lower court.
Final appellate courts:
Hear and decide the issues dealing with all matters decided by lower courts

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6
Q

What is the key functions of Federal court system?

A

The lowest level of the federal court system:
All cases involving a violation of federal statues Handling thousands of criminal cases per year
Federal Circuit Courts Intermediate appellate-level courts:
Hear all criminal appeals from the district courts and habeas corpus appeals from state court convictions
U.S. Supreme Court:
The highest court in the land
* Cases between the U.S. and a state; cases between states;
the cases between a state and a citizen of another state or country
* Hear appeals from lower courts
cases involving foreign ambassadors, ministers and consuls

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7
Q

What is the key functions of Federal court system?

A

Juveniles: persons under 21 who commit a federal offense before their 18th birthday.
Federal jurisdiction in juvenile matters is established when:
-state can’t handle them,
- lacks resources for juveniles,
- when serious crimes are involved (violent felony or drug offense)

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8
Q

Juvenile Court System key points

A

-state is ultimate parent of all childen
- children worth saving & use non criminal santions
(Hk, boy & girls do to detention schools; no crimincal record)

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9
Q

Types of parties

A
  • victim
  • victim’s related parties
  • perpetrator
  • law enforcement
  • proseutor
  • defense attorney
  • the court
  • the correctional system (Jail VS Prisions, VS probation officers Vs Parole officers)
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10
Q

Criminal Justice Procedures in Pretrial

A
  • arrest
    booking
  • 1st apperance (to judge, setting bail)
  • grand jury hearing (baje skipped)
  • arraignment (3 types of plea: guilty plea, not guilty plea, nolo contendere plea no contest aka guilty plea)
  • jury selection
  • permetory challange
  • opening statement
  • case in cheif (cross- examination, redirect examination, recross examination)
  • defendents evidence
  • closing argument
  • deliberation & verdict (Hung jury, jurt cannot reach verdict which judge may declar mistrial)
    sentencing
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11
Q

Sentencing 4 key points

A
  1. Deterrence
  2. Rehabilitation
  3. Retribution
  4. Incapacitation (removing status/ ability aka lisences etc)
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