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41 Cards in this Set
- Front
- Back
The right to __________ is a sixth amendment protection that guarantees suspects the right to representation by an attorney when their liberty is in jeopardy. |
Counsel |
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The vast majority of public defender officers use formal criteria to determine if a defendant qualifies as _______ and is eligible for public representation. |
Indigent |
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In order to help pay for the cost of indigent defense, more than 80% of offender offices have some form of cost recoupment for Public Defender Services. The most common fees involve ________, __________,__________. |
Changes based on the cost for the defender's services, Court related expenses, fees imposed by state legislators and application fees |
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____________ are lesser included offenses that are, by definition, included in a charge as part of another (more serious) offense |
Necessarily included offenses |
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When the charge is not pressed further, it is called _________. Such a decision is entirely within the prosecutor's discretion. |
Nolle Prosequi |
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Alternatives to the formal criminal justice process that are implemented after charging but prior to adjudication are called ____________. |
Diversion programs |
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A type of diversion program in which a prosecutor suspends prosecution of the case pending the fulfillment of special conditions by the defendant is called ____________. |
Pre-trial intervention |
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An agreement by a prosecutor to press a less serious charge, drop some charges, or recommend a less severe sentence if the defendant agrees to plead guilty is called ___________. |
Plea bargaining |
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Refers to case attrition, in which arrests do not result in convictions for various reasons |
Case mortality |
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The dramatic growth in caseloads has placed tremendous strain on many courts. The situation was aggravated in 1974 when Congress passed the __________. This act requires that all criminal cases be brought to trial within 100 days; if they are not, they will be dismissed |
Speedy Trial Act |
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Plea bargaining appears to result from 2 overriding factors |
Most cases have few issues of fact or law to be established at trial because the evidence against the defendant is or isn't present. Risks of going to trial are high for both sides. |
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Laws under which conviction for a third felony results in an extended sentence, up to life imprisonment |
Three strikes law |
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Several cities use a ____________, in which the prosecutor, the defendant, the defendant's counsel, and the judge meet before a trial to discuss a plea. |
Pre-trial settlement conference |
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When defendants who take lives unlawfully are portrayed as victims |
Urban survival defense |
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A growing court case load, combined with high case mortality, reveals that most cases end in _____________. |
Guilty pleas |
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Proposals to eliminate undesirable aspects of plea bargaining include ________,_______,________. |
Time limits , more public negotiations, better case screening procedures, and reviews of plea agreement by panels of judges |
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A major issue for criminal defense is the tendency to focus on the _____________ rather than on the criminal act. This has led to the creation of new defenses that attempt to stretch the boundaries of concepts such as self-defense |
Offender |
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Process that entitles a suspect to review certain information gathered by the prosecutor |
Discovery |
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Prosecuting any criminal case requires___________ (or proving the crime), which consists of proof of the act and that the act was the result of the illegal actions of the defendant |
Corpus delicti |
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A court-authorized postponement of a case to allow the prosecution or defense more time to prepare its case. |
Continuance |
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Refers to a group of citizens (usually 12) who decide on the guilt or innocence of the defendant |
Trial jury |
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Justifications or excuses for criminal conduct that are applicable to all criminal offenses |
General defenses |
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Defenses that admit to the criminal conduct, but claim it was justified by overwhelming circumstances, such as self-defense are called __________. |
Justification defenses |
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Defenses that claim that criminal conduct should be excused because the defendant cannot be held responsible for it are called ___________. |
Excuse defenses |
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A delayed imposition of a prison sentence that requires the offender to fulfill special conditions such as alcohol, drug, or gambling treatment or payment of restitution is called a _________. |
Suspended sentence |
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Sentences developed by examining the averages of past sentences imposed on various combinations of offenders and offenses and designed to achieve proportionality and uniformity without mandating specific sentences for certain crimes or offenders are called _____________. |
Guideline sentences |
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The portion of the ______ amendment that has been most rigorously scrutinized is the prohibition of cruel and unusual punishment. A punishment is considered cruel and unusual if, in the words of the Supreme Court, it violates "evolving standards of decency that mark the progress of a maturing society". |
8th |
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The ____________ was founded in 1992 by Barry C. Scheck & Peter J. Neufeld at the Benjamin N. Cardozo School of Law at the Yeshiva University to assist prisoners who might be proven innocent through DNA testing. |
Innocence Project |
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A major criticism of capital punishment is its__________. Proponents of the death penalty argue that errors are rare; but in a criminal justice system based on an exact legal standards such as probable cause and proof beyond a reasonable doubt there's always room for error |
Finality |
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Designed help the judge decide on an appropriate sentence within the limits established by law. This report is written by a probation officer after an investigation of the offender's background. |
Pre-sentence report |
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Can be used as punishment upon conviction for any offense |
Fines |
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In the _____ US Supreme Court ruled that for the crime of rape the death penalty is excessive and disproportionate and therefore unconstitutional. |
1977 |
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A sentencing system that permits judges to impose fixed sentences that cannot be altered by a parole board |
Determinate sentences |
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Punishment applied simply in proportion to the seriousness of the offense |
Retribution |
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Prevention of further criminal behavior by physically restraining the offender from engaging in future misconduct (usually through incarceration) |
Incapacitation |
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Prevention of crime through the example of offenders being punished |
Deterrence |
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The View that sees criminal behavior as stemming from social or psychological shortcomings; the purpose of sentencing is to correct or treat these shortcomings in order to prevent future crimes |
Rehabilitation |
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A system of sentencing that empowers the judge to set a maximum sentence (up to the limits set by the legislature), and sometimes a minimum sentence, for the offender to serve in prison |
Indeterminate sentencing |
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A sentencing system that permits judges to impose fixed sentences that cannot be altered by a parole board |
Determinate sentencing |
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A sentencing provision that requires offenders to serve the bulk of their sentence (usually 85%) before they can be released |
Truth in sentencing |
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Fixed sentencing for offenders convicted of certain types of crimes such as gun-related crimes, drug offenses, and drunk driving offenses |
Mandatory sentencing |