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The Courts (Punishment (Sentences (interminate sentences: a period set by…
The Courts
Punishment
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Deterrence
general deterrence: punishment of criminals that is intended to be an example to the general public and to discourage the commission of offenses
specific deterrence: punishment inflicted on criminals to discourage them from committing future crimes.
incapacitation: depriving an offender of the ability to commit crimes against society, usually by detaining the offender in prison
rehabilitation: the goal of restoring a convicted offender to a constructive place in some form of vocational or educational training or therapy
Sentences
interminate sentences: a period set by a judge that specifies a minimum and a maximum time to be served in prison. Sometimes after the minimum the offender may be released on parole
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presumptive sentence: a sentence which the legislature or a commision sets a min and a max range of months or years. Judge can fix that range
mandatory sentence: a sentence determined by statutes and requiring that a certain penalty be imposed and carried out for convicted offenders who meet certain criteria
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earned time: reduction of sentence as a reward for participation in educational or other rehabilitation programs
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shock probation: a sentence in which the offender is released after a short incarceration and resentenced to probation
presentence report: offenders background report that is used by judge in selecting an appropriate sentence
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Arrest to trial or plea
arrangement: the court appearance of an accused person in which the charges are read and the accused, advised by a lawyer, pleads guilty or not guilty.
Motion: an application to a court requesting that in order to be issued to bring about a specific action
Bail: an amount of money, specified by a judge, to be paid as a condition of pretrial release to ensure that the accused will appear in court as required
Citation: a written order or summons, issued by a law enforcement officer, directing an alleged offender to appear in court at a specific time to answer a criminal charge
Preventive detention: holding a defendant for trial, based on a judge finding that if a defendant released on bail, he or she would endanger the safety of any other person and the community or would flee
Plea bargaining
Santobello v. New York: when a guilty plea rests on a promise of a prosector, the promise must be filled.
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allows for conviction even if theres a deal, uses force to "mark" them
Pleas w Bargains
negative process: allows for multiple offenses to be negotiated with. For Ex, guilty to 2 minor charges if not guilty to major charge
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Jury trial
- Prevent government oppression by safeguarding citizens against arbitrary law enforcement
- determine whether the accused is guilty on the basis of the evidence presented
- Represent diverse community interests so that no one set of values or biases dominates decision making
- Serve as a buffer between the accused and the accuser
- promote citizens knowledge about the criminal justice system through the jury-duty process
- Symbolize the rule of law and the community foundations that support the criminal justice system
Trial process
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opening statements: present an introduction about the case, what information there is, and what jury would find
presentation of evidence: prosecutions lay out what they have, and them rebuttal or argument the other side
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Evidence
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demonstrative evidence: evidence that is not based on witness testimony but that demonstrate information relevant to the crime. Includes real evidence involved in the crime
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Judge, Prosecutor, Defense
Judge
Function of the Judge: Adjudicator, Negotiator, administrator
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Negotiator: Act as a referee. Take into consideration between both sides. Could try to form an agreement.
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To become a judge: partisan election, nonpartisan election, gubernatorial appointment, legislative selection, and merit selection.
Partisan election: an election which candidates openly affiliated with political parties are presented to voters for selection
Nonpartisan selection: an election in which candidates' party affiliations are not listed on the ballot
Merit selection: a reform plan by which judges are nominated by a committee and appointed by the governor for a given period. When the term expires the voters approve or disapprove the judge for succeeding term. If disapproved, the committee nominates a successor for the governors appointment
Prosecutor
prosecuting attorneys: a legal representative of the state with sole responsibility for bringing criminal charges. Depending on the state, this person is referred to as district attorney, states attorney, commonwealth attorney, or court attorney
United States attorneys: officials responsible for the prosecution of crimes that violate the laws of the US. Appointed by the president and assigned to the U.S. district court jurisdiction
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influence: which cases to prosecute, chargers to be brought, recommends the bail, approves agreements, urges the judge to impose a particular sentence
roles: trial counsel for the police, house counsel for the police, representative of the court, and elected official
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discovery: a prosecutor pretrial disclosure to the defense of facts and evidence to be introduced at trial
nolle prosequi: an entry, made by a prosecutor on the record of a case and announced in court, indicating that the charges will not be prosecuted. In effect, the charges are thereby dismissed
Prosector depend on police, victims and witnesses, judges and courts, and the community
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Community: depend on public opinion and the media can play a crucial role in creating an environment that either supports or scrutinizes the prosecutor
accusatory process: the series of events from the arrest of a suspect to the filling of a formal change
Defense attorney
defense attorney: the lawyer who represents accused offenders and convicted offenders in their dealings with criminal justice.
Must know the law and procedure, skill in an investigation, experience in advocacy, and relationships with prosecutors and judges.
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assigned counsel: an attorney in private practice assigned by a court to represent an indigent. Paid by the government
contract counsel: 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
public defender: an attorney employed on a full-time, salaried basis by a public or private nonprofit organizations to represent indigents.
Courtroom functions
Local legal culture: norms shared by members of the court community as to how cases should be handled and how a participant should behave in the judicial process.
- Norms help participants distinguish between our court and other courts. Often a judge or prosecutor will proudly describe how we do the job differently and better than officials in a nearby county or city
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- Describe how cases should be processed. For example the going rate. If judges should take into consideration continuances, an which defendants qualify for a public defender
Going rate: local court officials shared a view of the appropriate sentence for a given offense, the defendant's prior record, and other case characteristics.
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Miranda rights: if an offender was not fully told his Miranda rights it may be used in court to reduce his sentence
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