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Courts (Trial Process (Jury selection, Opening Statements, Present…
Courts
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Goals Of Punishment
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rehabilitation
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involves programming: psychological, educational, vocational, restorative, re-entry
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Types of Evidence
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Demonstrative
weapons, diagrams, fingerprints
sentencing types
mandatory
required min period of incarceration, limits judicial discretion at sentencing, truth in sentencing
determinate
sepecific period of time, incorporates good time, release in mandatory: discretion of parole board if returned
Indeterminate
also called indefinite, creates min and max range of years to serve, parole board discretion for release, tied to rehabilitation
Dual Court System
Federal
oversee a limited range of criminal cases. Example: they deal with people accused of violating the criminal laws of the national government.
Federal crimes Include: counterfeiting, kidnapping, smuggling, and drug trafficking
State
monitor the decisions of lower courts within their own states by interpreting state constitutions ans statutes.
How to become a judge
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Merit Selection
Nominated by committee, appointed by governor for a term, at the end of the term, retention election, if not re-elected, new nomination by committee
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Adversarial Process Court process, employed in the U.S. and other former British colonies, In which lawyers for each side represent their client's best interests in presenting evidence and formulating arguments as a means to discover the truth and protect the rights of defendants
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Dispute Processing
when people disagree about contracts, money, property, and personal injuries in ways that they cannot resolve on their own
Policy Making
when judges interpret the U.S constitution and define the rights of individuals, they are simultaneously telling LEO's what they can and can't do
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Appellate Court
courts that do not try criminal cases, but hear appeals of decisions of lower courts
appellate courts do not have juries or lawyers that present evidence. Lawyers for each side make arguments about specific alleged errors of law or procedure that the trial judge failed to correct during the proceeding that determined the defendant's guilt
Problem Solving Courts lower-level local courts dedicated to addressing particular social problems or troubled populations
examples of such courts include drug courts, domestic violence courts. and mental health courts
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Courtroom Work Group
Legal culture - shared values & expectations of participants, "going rates", consistency
Pleas With Bargaining
Negotiation process: multiple offense, level offense, threat of jury trial, and delay
Pleas Without Bargaining
implicit plea bargaining, evidence is strong, no question of fact, agreement on appropriate charge evidence, punishment
The Appeal
based on a claim of error in law or procedure during a process, not of guilt or innocence, states decide the majority of appeals, few result in acquittal, whether lawfully detained, if the claim of constitutional right violation
Inquisitorial process court process, employed in most countries of the world, in which the judge takes an active role in investigating the case and examining evidence by questioning witnesses
Jurisdiction the geographic territory or legal boundaries within which control may be exercised: the range of a court's authority
courts focus on criminal matters, through bail hearings, preliminary hearings, plea bargaining, and trials
In federal court there is: 12% African, 8% Hispanic, 2% Asain
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incarceration standard, for serious offenses, time served is guilty by sentencing type