Questions and Answers
What type of system does the US have?
What is the process where lawyers for each side represent their clients' best interests?
Adversarial process
What process does the rest of the world typically use, where a judge takes an active role?
Inquisitorial process
What term refers to the territory or legal boundaries within which control may be exercised?
Signup and view all the answers
What is the term for enforcing society's rules and standards?
Signup and view all the answers
What suits involve contracts, money, property, and personal injury?
Signup and view all the answers
What term refers to interpreting the constitution and laws, defining individual rights and limiting police powers?
Signup and view all the answers
What are misdemeanors lawsuits for?
Signup and view all the answers
What type of courts handle major felony cases and lawsuits for large amounts of money?
Signup and view all the answers
What type of courts deal with appeals of decisions from lower courts?
Signup and view all the answers
What are the three key roles of judges?
Signup and view all the answers
Name one method for selecting state judges.
Signup and view all the answers
What is the role of a defense attorney?
Signup and view all the answers
Who are indigent defendants?
Signup and view all the answers
What is the term for an attorney in private practice assigned by a court to represent an indigent?
Signup and view all the answers
What does a public defender do?
Signup and view all the answers
What is the primary role of a prosecuting attorney?
Signup and view all the answers
What is a plea bargain?
Signup and view all the answers
What is the term for a prosecutor's pretrial disclosure of facts and evidence to the defense?
Signup and view all the answers
What does the term 'nolle prosequi' mean?
Signup and view all the answers
What is the accusatory process?
Signup and view all the answers
What Supreme Court case established that a plea must be proven voluntary?
Signup and view all the answers
What are the goals of the criminal justice system?
Signup and view all the answers
What does retribution refer to in criminal justice?
Signup and view all the answers
What does deterrence aim to achieve?
Signup and view all the answers
What is incapacitation in relation to criminal justice?
Signup and view all the answers
What is rehabilitation in the criminal justice system?
Signup and view all the answers
What type of sentencing allows for minimum and maximum terms?
Signup and view all the answers
What is the term for the legal process involving jury selection and trial proceedings?
Signup and view all the answers
What is criminality?
Signup and view all the answers
What does negligence refer to in legal terms?
Signup and view all the answers
Study Notes
Legal Systems and Processes
- The United States operates under a dual court system, which includes federal and state courts.
- An adversarial process is utilized in the US, where each side's legal representatives advocate for their clients' best interests.
- The inquisitorial process is employed in most of the world, where judges play an active role in the proceedings.
Legal Terminology
- Jurisdiction refers to the territory or legal boundaries within which legal control can be exercised.
- Norm enforcement involves the implementation of societal rules and standards.
- Dispute processing encompasses suits related to contracts, money, property, and personal injury.
Judicial Roles and Appointments
- Judges serve three primary roles: adjudicator (mediator and enforcer of laws), negotiator (facilitator of sentencing and plea bargains), and administrator (manager of court operations).
- State judges can be appointed through gubernatorial appointments, legislative appointments, and nonpartisan elections.
Defense and Prosecutors
- A defense attorney represents the accused offenders, particularly those who are indigent (lacking resources for legal representation).
- Assigned Counsel are private attorneys appointed by the court to represent indigent defendants, funded by government.
- Public defenders are salaried attorneys representing indigent defendants within their jurisdiction.
Prosecutorial Functions
- Prosecuting attorneys represent the government, responsible for charging, trying, and recommending sentences for suspected crimes.
- Prosecutor’s bias indicates the potential for bias due to the dual role of seeking justice for victims while serving citizens.
Court Processes and Trials
- Each offense in an indictment is termed a count.
- Discovery involves the prosecutor's pre-trial disclosure of evidence to the defense.
- Nolle prosequi is a legal term indicating that specific charges will not be prosecuted.
Legal Cases and Pleas
- The accusatory process outlines the sequence from arrest to formal charges.
- Stantobello v. New York establishes the expectation for prosecutorial promises to defendants.
- Boykin v. Alabama mandates proving that guilty pleas are made voluntarily by defendants.
Sentencing and Legal Standards
- The variance in trial procedures includes bench trials (judge-led) and jury trials (citizen juries).
- Criminality is defined as an act that violates societal laws.
- Various psychological disorders (e.g., antisocial personality disorder, kleptomania) may influence criminal behavior.
Criminal Justice Goals
- The four main goals of the criminal justice system include retribution, deterrence, incapacitation, and rehabilitation.
- Restorative justice focuses on repairing damage done to victims and communities.
Types of Sentencing
- Sentencing can be indeterminate (set range), determinate (fixed term), or mandatory (minimum sentencings).
- Good conduct time allows for sentence reduction based on behavior while incarcerated.
Release Mechanisms
- Probation allows offenders to serve under supervision within the community, while preventative detention can occur for those who pose risks to others.
- Bail is monetary or property paid for release prior to trial, influenced by the offense's severity and flight risk.
Factors Affecting Bail
- Factors influencing bail decisions include the seriousness of the crime, the accused's prior record, and the likelihood of flight.
Verdict and Trial Process
- The trial process entails jury selection, opening statements, presentations from both prosecution and defense, rebuttal witnesses, closing arguments, and jury instructions leading to a verdict.
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.
Description
Test your knowledge on legal systems and terminology with these flashcards from Chapter 3 of Crime and Punishment. Explore concepts such as the dual court system, adversarial processes, and jurisdiction. Perfect for students preparing for their exams!