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78 Cards in this Set
- Front
- Back
Nolle Prosequi |
An entry made by a prosecutor, indicating that the chargers specified will not be prosecuted |
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Nonpartisan Election |
An election where candidates party's are not listed on the ballot |
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adversarial process |
court process in which lawyers on each side represent their clients best interests by presenting evidence and formulating arguments as a mean to discover the truth and protect the rights of the defendants |
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trial courts of limited jurisdiction |
Criminal courts with trial jurisdiction over misdemeanor cases and preliminary matters in felony cases. Sometimes holds felony trials for cases that may result in penalties below a specific limit |
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counts |
Each separate offense of which a person is accused in an indictment |
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inquisitorial process |
Court process in which judge takes an active role in investigating the case and examining evidence |
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merit selection |
A reform plan by which judges are nominated by a committee and appointed by the governor for a given period |
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Prosecuting attorneys |
A legal representative of the state with sole responsibility for bringing criminal charges. also referred to as district attorney states attorney, commonwealth attorney and county attorney |
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Jurisdiction |
the geographic territory or legal boundaries within which control may be exercised : the rang of courts authority |
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public defender |
an attorney employed on a full time salary basis by a public or private non profit organization to represent indigents |
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State attorney general |
Chief legal officer of a state, responsible for both criminal and civil matters |
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problem solving courts |
lower level courts designated to addressing particular social problems or troubled populations. EX. drug courts domestic violence courts and mental health courts |
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contract council |
An attorney in private practice who contracts with the government to represent all indigent defendants in a county during a set period of time and for a specified dollar amount |
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united states attorney |
officials responsible for the prosecution of crimes that violate the laws of the United States. Appointed by the president and assigned to a U.S. district court jurisdiction |
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discovery |
a prosecutors pretrial disclosure to the defense of facts and evidence to be introduced in trial |
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local legal culture |
norms shared by members of a court community as to how cases should be handled and how a participant should behave in the judicial process |
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partisan election |
an election in which candidates openly affiliated with political parties are presented to voters for selection |
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assigned council |
an attorney in a private practice assigned by a court to represent and indigent |
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continuances |
an adjournment of a scheduled case to a later date |
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work groups |
a collection of individuals who interact in the work place on a continuing basis, share goals, develop norms regarding how activities should be carried out, and eventually establish a network of roles, all of which differentiate the group from others and facilitate cooperation. |
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going rate |
local officials shared view of the appropriate sentence for the offense |
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accusatory process |
the series of events from the arrest of a suspect to the filing of a formal charge with the court |
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appellate courts |
courts that do not try criminal cases but hear appeals of decisions of lower courts |
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defense attorney
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the lawyer who represents accused offenders, and convicted offenders in their dealings with criminal justice |
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trial courts of general jurisdiction |
criminal courts with jurisdiction over all offenses, including felonies. in some states these courts also hear appeals |
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Santobello vs New York 1971 |
When a guilty plea rests on the promise of the prosecutor, the promise must be fulfilled |
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Boykin vs Alabama 1969 |
before a judge can expect a plea of guilty, defendants must state they are making the plea voluntarily |
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Circumstantial evidence |
evidence provided by a witness from which a jury must infer a fact |
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Direct evidence |
Eye witness accounts |
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percentage bail |
Defendants may deposit a percentage of the bail. If they do not appear to court the full amount is required |
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Bench Trials |
Trials conducted by a judge who acts as the fact finder. No jury participates |
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motions |
An application to a court requesting that an order be issued to bring about a specific action |
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preventive detention |
holding a defedant for trial because if let free could be harmful to of any person or the world |
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reasonable doubt |
the standard used by a jury to decide if the prosecution has provided enough evidence for conviction |
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Bordenkircher vs Hayes 1978 |
a defendents rights were not violated by a prosecutor who warned that refusing to enter a guilty plea would result in a harsher sentence. |
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habeas corpus |
a writ or judicial order requesting the release of a person being detained |
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Williams vs Florida 1970 |
Juries of fewer than 12 members are constitutional |
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Missouri vs Frye 2012 |
Criminal Defendants sixth amendment right to council |
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North Carolina vs Alford 1970 |
A plea of guilty by a defendant who maintains his or her innocence may be accepted for purpose of a lesser sentence |
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Demonstrative evidence |
evidence that is not based on witness testimony but demonstrates information relative to the crime |
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voir dire |
a questioning of prospective jurors to screen out people the attorneys think might be be biased |
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arraignment |
the court appearance of an accused person in which the charges are read and the accused pleas guilty or not guilty |
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jury |
a panel of citizens selected according to law and sworn to determine matters of fact in a criminal case and to determine guilty or not guilty |
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citation |
a written order or summons, issued by a law enforcement officer directing an alleged offender to appear in court at a specific time or date to answer a a criminal charge |
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peremptory challenges |
removal of a prospective juror without giving a reason. Attorneys are allowed a limited number of these |
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Rickett vs Adamson 1987 |
defendants must uphold the plea agreement or suffer the consequences |
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United States vs Salenro and Cafero |
preventive detention provisions of the Bail Reform Act of 1984 are upheld as a legitimate use of government power designed to prevent people from committing crimes while on bail. |
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Santabello vs New York |
When a guilty plea rests on a promise of a prosecutor the promise must be fulfilled |
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Real Evidence |
Physical Evidence -guns fingerprints etc |
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testimony |
oral evidence provided by a legally competent witness |
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Challenged for Cause |
removal of a prospective juror by showing he or she has bias, or legal disability |
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release on recognize |
pretrial release granted on the defendants promise to appear in court because the judge believes that the defendants ties to the community guarantee that they will appear |
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bail |
an amount of money specified by the judge, to be paid as a condition of pretrial release to ensure that the accused will appear in court |
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appeal |
a request to a higher court that it review actions taken in a trial court |
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good time |
a reduction of an inmates, for good behavior, or participating in educational, vocational or treatment programs |
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presumptive sentence |
a sentence for which the legislature or a commission sets a minimum and maximum range of months or years. Judges are to fix the length of the sentence within that range, allowing for special circumstances. |
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Mcklesky vs Kemp 1987 |
the supreme court rejects a challenge of Georgia's Death penalty |
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Rehabilitation |
the goal of restoring a convicted offender to a constructive place in society through some for of vocational or educational training or therapy |
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Retribution |
punishment inflicted on a person who has harmed others and so deserves to be penalized |
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roper vs simmons 2005 |
execution of offenders for crimes commited while under the age of 18 is unconstitutional |
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gregg vs Georgia 1976 |
death penalty laws or constiutional if they require the judge and jury to consider certain mitigating and aggravating circumstances in deciding which convicted murderers should be sentenced to death. Proceedings must also be divided into a trial phase and a punishment phase, and there must be opportunities for appeal |
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atkins vs Virginia 2002 |
execution of developmentally disabled offenders is unconstitutional |
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furmann vs Georgia 1972 |
the death penalty as administered, constitutes cruel and unusual punishment |
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mandatory sentences |
a sentence determined by statues and requiring that a certain penalty be imposed and carried out for convicted offenders who meet certain criteria. |
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sentencing guide lines |
a mechanism used to indicate to judges the expected sanction for certain offenses in order to decrease disparities in sentencing |
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selective incapacitation |
making the best use of expensive and limited prison space by targeting for incarceration those who incapacity will do most to reduce crime in society |
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determinate sentences |
a sentence that fixes the term of imprisonment at a specific period |
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witherspoon vs ilionios 1968 |
potential jurors who object to death penalty cannot be excluded from service |
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interdeterminate sentences |
a period set by a judge that specifies a maximum and minimum sentencing |
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general deterrence |
punishment of criminals that is intended to be an example to general public and to discourage the commission of offense |
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incapacitation |
depriving an offender of the ability to commit crimes against society |
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earned time |
reduction in a prisoners sentence as a reward for participation in educational or other rehabilitation programs |
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specific detterence |
punishment inflicted on criminal to discourage them from committing future crimes |
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shock probation |
a sentence in which the defender is released after a short incarceration and re-sentenced to probation |
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restorative justice |
punishment designed to repair the damage done to the victim and community by an offenders criminal act |
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presentence report |
report prepared by a probation officer that presents a convicted offenders background and is used by the judge in selecting an appropriate sentence |
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intermediate sanctions |
a variety of punishments that are more restrictive than traditional probation but less serve and less costly than incarceration |
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probation |
a sentence that the offender is allowed to serve under supervision in the community |