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28 Cards in this Set
- Front
- Back
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Appellate Court |
- when defendants believe their trial was not fair or procedures were violated - hear roughly 100 cases annually |
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TC of Limited Jurisdiction |
- regarding minor or less serious cases E.g. misdemeanors, traffic violations - hear roughly 70million annually -- most are traffic cases |
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TC of General Jurisdiction |
- more serious such as rape, murder, robbery, and civil cases where damages over $10k were done - hear roughly 18 million annually |
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Supreme Court |
- hears roughly 80 cases annually - must involve substantial federal question |
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US Courts of Appeals |
- hears roughly 1,049 - 60k appeals filed annually |
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US District Courts |
- hears roughly 335,000 cases annually -- criminal and civil |
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Judiciary |
Duties: - scheduling/management - accept or exclude evidence - oversee plea bargaining - instruct juries - try and sentence cases Qualifications: Federal: - appointed by President and confirmed by Senate State: - appointed by governor - Missouri Plan |
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Courtroom Workgroup |
Prosecutors: - can give info or adopt a tough stance on a case Judges: - can screw up your schedule or make critical comments from the bench Defense Attorneys: - can barter and/or discourage a plea deal |
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Prosecutors |
Role: - represent interests of the state, not victim Duties: - provide legal advice to police - represent state in plea negotiations |
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Federal Prosecutors |
- Attorney General or US Attorneys -- appointed by President |
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State Prosecutors |
- Attorney General -- appointed by Governor |
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County Prosecutor |
- District Attorney -- some appointed, but mostly elected |
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Prosecutorial Discretion |
- whether or not to move forward with charges - whether to drop all charges (nolle prosequi) or offer plea deal |
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Bail Issues |
Bondsmen & Bounty Hunters: - lack regulation - few legal restrictions - failure to perform crucial duties Pretrial Detention Conditions: - poor - overcrowding - lack of services |
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Charging the Defendant |
Charging Documents: Complaint- affirmation of victim or officer Information- same as above + prosecutor signs Arrest Warrant- all of the above + issued by judge Indictment- all of the above + grand jury agrees |
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Charging the Defendant: Grand Jury/ Indictment |
- used in half the states - grand juries make accusations -- AKA juries decide guilt or innocence - consist of 12 - seen as "shield" (protecting defendant from unjust charges) and "sword" (investigating power of jury) |
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Types of Plea Agreements |
Charge Bargaining: - plead guilty to less serious charges than originally filed Court Bargaining: - plead guilty to one count and other charges are dismissed Sentence Bargaining: - plead guilty in exchange for the promise of leniency in sentencing |
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Plea Bargaining |
Prosecutors: - sure conviction, overcharge to get desired sentence Defendants: Often in best interests to plea in exchange for leniency |
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Steps in a Jury Trial |
First: - jury selection (voir dire) Last: - verdict announced |
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General Deterrence |
The theory that people will not break the law if they fear punishment |
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Specific Detterence |
Used to convince offenders that the pains of punishment are greater than the benefits of crime |
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Incapacitation |
Keeping offenders in a high-security state prison to eliminate the risk of them repeating their offense |
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Reteibution/Just Desert |
- punish offenders based on what they have done Just Desert- punishment is no more less than the crime committed |
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Equity/ Restitution |
Convicted criminals must pay the victims for their loss E.g. community service, pay a fine, forfeit the property |
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Indeterminate Sentences |
Treatment should fit the offender |
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Determinate Sentences |
- a fixed term of incarceration - based on guidelines to assure fairness |
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Mandatory Sentences |
- eliminate judicial discretion and get tough on crime |
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Three-strikes |
Lengthy prison terms (25years-life) if a person has been convicted of three felony offenses |
