Term
| The two basic functions of courts. |
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Definition
1. Adjudication: hearing/trying cases
2. Due process: ensures that all levels of the CJS are practicing fair procedures |
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Term
| Basic tenants of the court system |
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Definition
1. Duality: both a state and federal court system exist
2. Jurisdiction
3. Adversarial system: prosecution vs. defense + neutral party (judge) |
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Term
| Three dimensions of court jurisdiction |
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Definition
1. Type (what type of matter is it?)
2. Severity (how "bad" was the crime?")
3. Stage of proceeding (is the case being tried for the first time, or is it in the appeal process?) |
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Term
| Characteristics of the actors in the court system / the courtroom work-group |
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Definition
* Judge (most visible, powerful)
* Prosecutor (rely on police for evidence, so develop informal relationship)
* Defense attorney (?)
All actors/members of the courtroom work-group seek to be displayed often and favorably in the media so as to increase their popular support if they later seek higher political office |
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Term
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Definition
| the final judgment in a legal proceeding; the act of pronouncing judgment based on the evidence presented |
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Term
| What is currently a major shortcoming of the the actor/role of judges in the CJS? |
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Definition
Lack of preparation, which leads to judicial socialization. Judicial socialization means that judges are "trained" on the job to consider three factors when adjudicating
1. Blameworthiness of the accused (how much harm did he cause?)
2. Prior record of the accused
3. Practical ramification of sentencing the accusing, such as the effect on prisons. |
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Term
define: DA
What power does a DA have?
What is the primary responsibility of the DA? |
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Definition
District Attorney, the prosecutor. Has the most control over the life, liberty, etc. of the accused, because the DA decides how a case will be tried.
Primary responsibility: to ensure prosecutions and convictions occur in significant numbers. |
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Term
| What are the three types of considerations used by a prosecutor when charging a case? |
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Definition
1. Evidential considerations (presence of absence of "proof")
2. Pragmatic considerations --> unconditional and conditional types of diversion programs
3. Organizational considerations --> internal (volume of cases, etc.) and external (public opinion, etc.) |
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Term
| What is the ideal role of a defense attorney, but by what criterion are defense attorneys generally assessed? |
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Definition
Role: to strive for the most favorable outcome for a client
Criterion for success: case load, not quality of representation for client |
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Term
define: indigent defendant
How prevalent are indigent defendants? |
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Definition
| A defendant who is the poorest of the poor and is thus unable to afford a defense attorney for himself. Between 60% and 90% of defendants are indigent. |
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Term
| What are the three systems designed to provide indigent defendants with defense attorneys? List and brief description of each. |
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Definition
| 1. Public defender system: ~60% of jurisdictions, especially jurisdictions of medium to large size. County employs numerous attorneys who are paid a yearly salary. 2. Assigned Counsel: ~22%, especially common in jurisdictions with smaller case loads. A volunteer, private attorney is paid an hourly (but minimal) compensation for duties. 3. Contract system: Newer, so uncommon. Private attorneys bit for cases. |
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Term
| List the various stages (not necessarily chronologically listed) of a case as it moves through the court system |
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Definition
* Arrest
* Initial appearance
* Preliminary hearing / grand jury
* Arraignment
* Trial
* Sentencing
* Appeal |
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Term
| What occurs during the initial appearance stage of a cases' route through the court system? |
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Definition
| Accused is informed of charges, his bail is set, his legal representation is arranged, as well as the future date for next step. |
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Term
| Why might a person be denied bail? |
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Definition
| If the offense was particularly serious, the accused is a flight risk, or if he poses a risk to the community. |
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Term
| What occurs during the preliminary hearing / grand jury stage of a cases' route through the court system? |
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Definition
| The goal is to determine if enough evidence exists to move forward; identification of probable cause is particularly important. |
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Term
| What occurs during the arraignment stage of a cases' route through the court system? |
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Definition
| Defendant is presented with formal charges and may offer a plea. |
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Term
List and briefly describe the two types of appeals.
What is the usual outcome of an appeal? |
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Definition
1. As of Right appeals: this is appeal referred to when it is said an offender has the right to one appeal. The goal is not to judge evidence a second time, but simply to review the legality of proceedings.
2. Post-convictional appeal / Collateral Attack: The appeals that can be filed after the As of Right appeal has been completed. Reviews evidence that was not included in original trial.
Failure is the usual outcome of an appeal. |
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Term
| List and describe briefly the 7 typical defenses. |
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Definition
1. Accident, mistake, and ignorance: questions criminal intent.
2. Duress: defendant was forced to commit crime.
3. Self-defense: self-explanatory
4. Entrapment: defendant was induced to commit the crime by a law enforcement officer. The big question here is whether the accused is predisposed to criminal behavior.
5. Diminished capacity: Inability to comprehend due to age, whether youth or elderly.
6. Developmental disability: self-explanatory
7. Insanity: Defendant did not know right from wrong; rarely successful. |
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