Term
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Definition
Dual court system
o Federal courts
o State courts (51)
Basic Structure
o Trial courts- guilty or not guilty—burden of proof; determine facts and consequences
o Appellate courts- look at legal issues for corrections; lawful; no mistakes; reverse convictions with retrial or reduce sentence- suppress evidence |
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Term
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Definition
• First formal proceeding that a defendant has following an arrest
• The defendant is advised of the charges against him/her
• Start to a fair trial—know the charges
• Attorney is assigned if they cannot afford one- court appointed- 6th amendment
• Judge considers release or holding- set bail—used to secure the persons appearance in court (flight risk or ties in community; judge has absolute discretion); lower crimes are usually released—innocent until proven guilty—just accused; Validate the charges |
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Definition
• First test of evidence and witnesses—no jury
• See if there is enough evidence to a trial
• Hold him in custody because he didn’t make bail |
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Term
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Definition
• Classic, academic justice—written
• Legal and structural components
• Constitutions
• Legislation- penal law or crime codes, criminal procedure law, rules of evidence
• Regulations
• Case law- holdings apply to future cases as a precedent |
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Term
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Definition
• Application of the law
• Assembly line justice- persons are treated as an object in a system
• Discretion- everyone uses it |
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Term
| Crime control vs. due process |
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Definition
Crime control
o Repress crime and efficiently process the large number of guilty defendants
Due process
o Protect the rights of citizens and provide careful consideration for each case |
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Term
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Definition
| A body of rules enacted by public officials in a legitimate manner and backed by the force of the state |
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Term
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Definition
• Judge-made
• From multiple sources
• **Precedent “stare decisis”- relying and using past judicial decisions that have similar facts to be able to predict the outcome of your case; promotes fairness and consistency with no imposition of person values. Other courts can follow the established decisions. Over time there can be gradual changes |
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Term
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Definition
• Prosecutor has the burden of proof to convince judge and jury that the defendant is guilty- defendant is presumed innocent
• Defense attorney asserts defendants innocence and rights
• Judge acts as neutral arbitrator and enforces rules of the court
• Always conflicts- cross-examination |
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Definition
• Testing evidence- examining witnesses
• Diffused power in the courtroom- checks and balances
• Accused defendants have attorney to protect legal rights- 6th amendment |
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Definition
Restriction on governmental power/protect rights of the defendant
o Protect the innocent
o Safeguard against corruption
o Maintain support and respect of community |
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Definition
• Defendant is not required to prove innocence
• Prosecution has burden of proof
o Beyond a reasonable doubt in criminal cases
o Preponderance in civil cases |
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Term
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Definition
• Legal doctrine for limiting arbitrariness of government officials
• Defendant is
o Advised of the charges and who made accusations—arraignment
o Given legal representation |
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Term
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Definition
• First 10 amendments to the US constitution
• Apply to both federal and state governments |
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Term
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Definition
• Actus Reus (guilty act) + Mens Rea (guilty intent/mind) = Crime
• Must occur together
• May have attendant circumstances
• Examine results |
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Term
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Definition
• Act must be voluntary: defenses that negate mens rea
o Mistake of fact
o Justification (duress or necessity)
o Insanity- mental disability or lacked mental capacity to form intent
o Infancy- children |
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Term
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Definition
• Can prosecute if crime has to do with interstate commerce**
• Can prosecute the same crime as a state court because they are different jurisdictions—not double jeopardies |
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Term
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Definition
• From 5th and 6th amendments
• Miranda vs. Arizona
• Remain silent
• Talk to a lawyer, appointed lawyer |
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Critical to its function because defendant is presumed innocent
ο Legal judgments
ο Policy priorities
ο Personal philosophy
To take something to Supreme Court, you need a substantial federal question |
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Definition
ο **As states move from agrarian to industrial, these problems increase because more concentration of wealth-people who own factories vs. workers-creates cities-overpopulation-increase in crime; clashes in culture and violence-rise of unions
ο ** The reason we have 50 different court systems is because each state expanded their court system because of sporadic growth (cities, immigrants) |
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Term
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Definition
• Geographical- disputes that arise within specified political boundaries—state, county, etc.
• Subject matter- limitations on types of cases heard and decided—criminal case cannot be heard in family court
• Hierarchical- differ in functions and responsibilities; appellate corrects legal errors |
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Term
| Trial courts of limited jurisdiction |
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Definition
• Lower/inferior courts
• Local governments (town and village)
• Petty crimes and traffic offenses |
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Term
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Definition
• Limited jurisdiction
• Preliminary stages of felonies
o Arraignment – bail, lawyer and charges
o Preliminary hearing- test of evidence |
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Term
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Definition
• Town judges may not be well-educated (didn’t graduate HS, not lawyers)
• Problem in NY, needs constitution amendment to change |
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Term
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Definition
• Intermediate courts of appeal
o Appeal from trial court
o Automatic right
o Look at legal issues in law
o Prosecutor cannot appeal a not guilty verdict**
• Courts of last resort- state supreme courts
o Discretionary docket: cases selected by court; usually have a broad legal or political significance |
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Term
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Definition
• Magistrate assists judges by conduction pretrial criminal matters, supervising discovery in civil cases and making reports and recommendations
• District court judges preside of trials and write opinions
• Circuit judges review |
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Term
| Article 3 vs. article 1 judges |
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Definition
• Article 3 courts look at cases with controversies over federal law or between states
• Article 1 courts handle specialized cases |
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Term
| Justice of the peace vs. municipal |
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Definition
• Justice of the peace courts have low caseloads because they are rural
• Municipal courts have more cases because they are urban |
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Term
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Definition
• Premise- multiplicity of courts is inefficient
• Shift judicial administration from local to centralized control
• Authority centralized in state capitol
• Supported generally by the elite of the legal profession |
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Term
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Definition
o Immediate intervention
o Non-adversarial adjudication
o Hands-on judicial involvement
o Treatment programs
o Team approach |
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Term
| The child-saving movement |
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Definition
| gov can intervene to protect a child is the parents are not |
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Term
| Differences between juvenile courts and adult criminal courts |
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Definition
• Looked at as a civil proceeding
• Adults arrested; children summoned
• Adults are tried; children have hearings
• Adults sentenced to prison; children committed to residential placement
• Benevolence, not punishment was goal- emphasis on best interest of child
• Informal proceedings; rules of evidence and procedure lax or not strictly enforced; no jury
• Proceedings based on civil law model
• Secret proceedings and sealed records |
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Term
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Definition
| • Subject- juvenile delinquency (Violation of criminal law) or status offense (something illegal only for juveniles); child as a victim (abused or neglected) |
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Term
| Crime control vs. due process and juvenile courts |
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Definition
• Crime control model
o Treat more as adults
o More adult penalties
o Merge juvenile and adult courts
o Abolish juvenile courts
• Due process
o Crime a reflection of social problems
o Punishment of children counterproductive
o Resources should go to education and prevention rather than prisons |
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