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The courts (Courts & Adjucation (Prosecutorial System (Discovery-…
The courts
Courts & Adjucation
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Prosecutorial System
Discovery- Prosecutor's pretrial disclosure to the defense of facts and evidence to be introduced at trial
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State Attorney General- Chief legal officer of a state, responsible for both civil and criminal matters
nolle prosequi- entry, made by a prosecutor on the record of a case and announced in court, indicating that the charges specified won't be prosecuted
Accusatory Process- Series of events from the arrest of a suspect to the filing of a formal charge with the court
Prosecuting Attorney- Legal representative of the state with sole responsibility for bringing criminal charges
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Defense Attorney
Public Defender- Attorney employed on a full-time, salaried basis by a public/private nonprofit organization to represent indigents
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Contract Counsel- Attorney in private practice who contracts with the government to represent all indigent defendants in a country during a set period of time and for a specified dollar amount
Defense Attorney- Lawyer who represents accused offenders and convicted offenders in their dealing with criminal justice
Judges
Partisan Election- Candidate openly affiliated with political parties are presented to voters for selection
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Merit Selection- Reform plan by which judges are nominated by a committee and appointed by the governor for a given period. When term expires, voters (dis)approve the judge for a succeeding term. If disapproved, committee nominates a successor for governor's appointment.
Pretrial Procedure, Plea Bargaining, & the Criminal Trial
Plea Bargaining
Guilty plea rests on a promise of a prosecutor, promise must be fulfilled
Bail: Pretrial Release
Bail-Amount of $, specified by judge, to be paid as a condition of pretrial release to ensure that the accused will appear in court as required
Citation- Written order/summons, issued by law enforcement officer, directing an alleged offender to appear in court at a specific time to answer a criminal charge
% Bail- Defendants may deposit a % (usually 10%) of the full bail with the court. Full amount of bail is required if defendant fails to appear. % of bail is returned after disposition of case, court often retains 1% for administrative costs
U.S. v. Salerno & Cafero (1987)- 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
Preventive Detention- Holding a defendant for trial, based on a judge's finding that if the defendant were released on bail, (s)he would endanger the safety of any other person and the community or would flee
(ROR)- Pretrial release granted on the defendant's promise to appear in court because the judge believes that the defendant's ties to the community guarantee that (s)he will appear
Arrest To Trial/Plea
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Arraignment-Court appearance of an accused person in which the charges are read and the accused, advised by a lawyer, pleads (not)guilty
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Habeas Corpus- Writ/judicial order requesting the release of a person being detained in jail, prison, or mental hospital
Trial: Exceptional case
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Challenge For Cause- Removal of a prospective juror by showing that (s)he has some bias or some other legal disability
Demonstrative Evidence- Evidence not based on witness testimony but that demonstrates info. relevant to crime, such as maps, x-rays, and photos
voir dire- Questioning of prospective jurors to screen out people the attorneys think might be biased or otherwise incapable of delivering fair verdict
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Bench Trials- Trails conducted by a judge who acts as fact finder and determines issues of law; no jury participates
Punishment & Sentencing
Presentence Report- Report, prepared by probation officer, presents convicted offender's background and is used by judge in selecting an appropriate sentence
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Goals of Punishment
General deterrence- Punishment of criminals that's intended to be an example to the general public and to discourage the commission of offenses
Incapacitation- Depriving an offender of the ability to commit crimes against society, usually by detaining the offender in prison
Specific deterrence- Punishment inflicted on criminals to discourage them from committing future crimes
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Restorative Justice- Punishment designed to repair damage done to victim and community by an offender's criminal act
Selective Incapacitation- Making the best use of expensive and limited prison space by targeting for incarceration those individuals whose incapacitation will do the most to reduce crime in society
Rehabilitation- Goal of restoring convicted offender to a constructive place in society through some form of vocational or educational training therapy
Sentencing Guideline- Mechanism to indicate judges the expected sanction for certain offenses, in order to reduce disparities in sentencing