CRJU 233: Courts & Criminal Process

GLOSSARY
Chapter 1
Appeals/Appellate courts / courts that function to correct errors made by lower courts.
Arraignment / formal court proceeding where defendant enters plea.
Arrest / taking a person accused of a crime into custody.
Bench trial / trial before a judge without a jury.
Crime control model / model of system that stresses quick, efficient processing of cases.
Criminal justice system / interlocking institutions that implement public policy on crime.
Decentralization / criminal justice system has no central control point.
Dual court system / America has both state and federal courts.
Due process model / model of system that stresses rights of defendants.
Fragmentation / criminal justice system is composed of thousands of independent agencies.
Initial appearance / taking an arrested person before a judge.
Nonsystem of criminal justice / components do not work together smoothly.
Prosecutors / attorneys representing the government in a criminal case.
System / interdependent units in which changes in one unit impact other units.
Trial courts / courts that hear evidence and hold trials.
Chapter 2
Beyond a reasonable doubt / standard of proof for conviction in criminal law.
Bill of Rights / first ten amendments of the U.S. Constitution, specifying rights and liberties.
Declaratory judgment / judicial declaration of legal rights of parties in controversy.
Due Process / Fifth, Sixth and Fourteenth Amendment rights during legal proceedings.
Felony / serious crime, generally resulting with a penalty of one year or more in prison.
Injunction / a court order directing a specific action or lack of action.
Misdemeanor / less serious crime, generally resulting in a penalty of less than one year in jail.
Precedent / ruling in a previous case that serves as a guide in subsequent cases.
Preponderance of evidence / standard of proof for conviction in civil law.
Stare decisis / Latin for "let the decision stand," doctrine of using precedent in questions of law.
Statutes / laws enacted by federal and state legislatures.
Tort / a private or civil wrong, often resulting in a civil trial.
Chapter 3
Appellate jurisdiction / authority of a court to review and judge decisions of a lower court.
Article I / section of the U.S. Constitution allowing for the legislative branch of federal government.
Article III / section of the U.S. Constitution allowing for the judicial branch of federal government.
Geographical jurisdiction / area of a court's jurisdiction.
Hierarchical jurisdiction / differences in functions of courts of original jurisdiction.
Interest groups / special interest groups who lobby for political power and favorable policies.
Original jurisdiction / jurisdiction of first instance, commonly referred to trial jurisdiction.
Subject matter jurisdiction / types of cases a court has jurisdiction over.
Writ of certiorari / issued by appellate courts to obtain and review the proceedings of a lower court.
Chapter 4
Courts of last resort / highest appellate court having jurisdiction, usually the Supreme Court.
Domestic relations / family law involving matters such as divorce and child custody.
Drug courts / courts designed to free up the justice system by handling only drug cases.
Intermediate courts of appeals / judicial bodies falling between the highest, or Supreme Court, and the trial court, created with the intent of relieving the higher court's caseloads.
Personal injury / tort law covering legal injuries, the majority of which are physical.
Probate / state cases involve the distribution of a deceased's assets.
Trial courts of general jurisdiction / courts responsible for major criminal and civil cases.
Trial courts of limited jurisdiction / courts with jurisdiction over minor civil disputes and misdemeanors, often referred to as lower or inferior courts.
Chapter 5
Assembly line justice / a criminal justice operation or decision being made with such speed and impersonality that defendants are treated as objects to be processed rather than individuals.
Courtroom work group / the regular participants in the daily activities of a particular courtroom: generally the judge, prosecuting attorneys, and defense attorneys.
Discretion / the lawful ability of an agent of government to exercise choice in making a decision.
Normal crime / crimes categorized as typical based on individual court's experiences with such types of crime allowing rapid decision making.
Routine administration / the routine handling of normal crimes and matters involving little or no disputes over law or fact.
Speedy trial laws / laws enacted at both the state and federal levels to encourage courtroom efficiency in handling caseloads.
Chapter 6
Administrative model of justice / justice model that concentrates on major crimes and induces plea bargains.
Adversarial model of justice / all cases are viewed as serious and routinely overcharged, usually leading to trial.
Courthouse insurgents / prosecutors who are dissatisfied with the status quo and willing to do battle to change it.
Horizontal prosecution / a prosecutor is assigned a case from intake to appeal.
Office conservator / prosecutors who accept the status quo and focus on continuity.
Officer of the court / individuals obliged to follow court rules and be honest and fair in the search for justice.
Policy reformers / prosecutors who are dissatisfied with the status quo, but are cautious in their approach.
Vertical prosecution / prosecutors are assigned to specific court functions.
Chapter 7
Assigned counsel system / appointment of by the court from a list of available private attorneys.
Contract system / private attorneys bid to represent all indigent criminal defendants for a fixed payment.
Gideon v. Wainwright / Supreme Court decision granting indigents right to counsel.
Indigents / defendants who are too poor to pay for a lawyer and therefore entitled to one for free.
Privileged communication / protected communication between attorney and client (attorney–client privilege).
Pro se / Latin for "on his or her own behalf," referring to the right to self-representation.
Public defender / salaried public officials representing all indigent defendants within a jurisdiction.
Right to counsel / 6th Amendment right to legal assistance.
Chapter 8
Crime control model / justice philosophy based on harsh sentences and deterrence.
Due process model / justice philosophy based on rehabilitation.
Impeachment / allegations of wrongdoing similar to a grand jury indictment.
Judicial independence / judicial independence from scrutiny and sanctions by other branches.
Merit selection / some form of appointment based on merit, not election.
Missouri Bar Plan / appointment followed by service followed by retention election.
Nonpartisan / refers to the absence of formal political party affiliation.
Partisan election / candidate's party affiliation listed on ballot.
Chapter 9
Civil protection order / a civil restraining order to protect victims or potential victims from domestic violence.
Defendant / an individual accused of a crime.
The Victim and Witness Protection Act / federal law enacted in 1982 requiring better treatment of and greater protection for victims and witnesses in federal court.
The Victims of Crime Act / 1984 federal law authorizing federal funds for state victim programs and established the Crime Victims Fund.
Urban underclass / poor, mostly minority lower class urban dwellers who are overrepresented in the ranks of defendants.
Victims' Rights Amendment / proposed amendment to the U.S. Constitution to protect the rights of victims.
Chapter 10
Case attrition / the phenomenon of cases being dismissed prior to trial or disposition.
Complaint / charging document commonly used for misdemeanors and ordinance violations.
Indictment / grand jury finding of evidence of wrongdoing necessitating a trial.
Nolle prosequi / Latin for "no prosecution," refers to cases dismissed by the prosecutor.
Transactional immunity / prosecutor agrees not to prosecute witnesses for crimes admitted in exchange for testimony.
Type I Offenses / category of UCR offenses involving serious crimes, also referred to as index crimes.
Type II Offenses / second category of UCR crimes involving lesser crimes.
Uniform Crime Report(UCR) / the FBI's annual publication with national crime statistics.
Use immunity / the government may not use witness testimony against a witness, but still may prosecute based on independent evidence.
Chapter 11
Bail / in return for pretrial release, the defendant promises to appear in court as needed.
Bail bondsman / posts bail for clients for a fee, like bail insurance.
Bail enforcement agent / bounty hunters who apprehend bail jumpers.
Bench warrant / authorizes police to arrest bail jumpers.
Cash bond / defendant pays the full bail amount out of pocket.
Preventative detention / defendants are held without bail to protect the community.
Property bond / defendant puts up property as collateral for bail.
Release on recognizance / defendants with strong community ties and low flight risk are released in lieu of bail.
Chapter 12
Consent search / warrantless search conducted with permission of the person.
Discovery / pretrial proceedings allowing for the exchange of information.
Exclusionary rule / prohibits prosecutors from using illegally obtained evidence in court.
Good faith exception / series of exceptions to the exclusionary rule created by the courts.
Plain view / warrantless search where evidence in plain view of the officer may be seized.
Suppression motion / motion filed, usually before trial and by the defense, to exclude evidence on legal grounds.
Chapter 13
Alford plea / guilty plea by defendant professing innocence (judge may accept if there is a factual basis for the plea).
Boykin form / form signed by defendant who wants to plead guilty.
Charge bargaining / bargaining over the offense to which the defendant will plead.
Count bargaining / bargaining over which counts will be dropped and which will plead.
Nolo contendere / no contest plea, criminal equivalent of not guilty, except that it cannot be used against the defendant in a civil case.
Plea bargaining / negotiation between defense and prosecution to obtain guilty plea.
Plea on the nose / pleading to the original charge.
Sentence bargaining / negotiating over prosecutor's sentencing recommendation in exchange for guilty plea.
Chapter 14
Acquittal / verdict of not guilty.
Affirmative defense / defense not based on denying prosecution's case.
Alibi defense / defense that defendant was somewhere else when crime committed.
Alternate jurors / jurors who will serve if one of regular jurors must withdraw.
Bench trial / trial before a judge without a jury.
Best-evidence rule / only original of document is admissible in evidence.
Beyond reasonable doubt / burden of proof on prosecution in criminal case.
Challenge for cause / challenging juror's fitness for duty because of bias, prejudice, etc..
Change of venue / changing place where case is tried to overcome local publicity.
Charging conference / attorneys attempt to influence judge's choice of jury instructions.
Circumstantial evidence / indirect evidence.
Closing argument / each side sums up its evidence and case.
Contempt of court / sanction for violating court order.
Cross-examination / opposing party questions witnesses called by other party.
Direct evidence / eyewitness testimony.
Duress / defense of being forced to commit the crime.
Entrapment / defense of being unlawfully induced by police to commit the crime.
Evidence / anything presented to the jury by a party.
Gag order / judicial order prohibiting persons involved in case from giving information to the
Hearsay / secondhand evidence, generally not admissible.
Hung jury / jury that is unable to reach a verdict.
Immaterial / inadmissible evidence because it is not related to an issue at trial.
Irrelevant / inadmissible evidence because it is not related to fact in issue at trial.
Jury deliberations / jurors discuss evidence and vote on verdict.
Jury instructions / judge explains law to jury.
Jury nullification / power of jury to ignore or nullify the law.
Master jury list / Large list of potential jurors, some of whom will be summoned.
Mistrial / trial is aborted because of some event.
Objection / legal argument in opposition to admission of opponent's evidence.
Opening statements / lawyers tell jury what evidence will show.
Peremptory challenge / challenges to juror not requiring a reason.
Petit jury / trial jury, traditionally composed of twelve persons.
Petty offense / offense for which Sixth Amendment right to jury trial is not available (maximum
Post-verdict motions / defense motions at trial court to overturn conviction.
Prejudicial pretrial publicity / publicity that may make a fair trial difficult or impossible.
Presumption of innocence / prosecution must prove guilt, no burden on defendant.
Real evidence / physical objects.
Rebuttal / evidence offered to contradict evidence of other party.
Self-defense / use of force against victim necessary to repel illegal attack.
Self-incrimination / defendant's Fifth Amendment privilege not to testify.
Sequestering jury / keeping jury together and isolated from prejudicial contact.
Statutory exemptions / persons exempted from jury service by statute.
Trustworthiness / one criterion for admissibility; only credible reliable evidence is admissible.
Venire / group of citizens at courthouse from which jurors are chosen.
Venue / place (usually county) where case will be tried.
Verdict / judge or jury's decision on guilt.
Voir dire / questioning of prospective jurors.
Chapter 15
Capital offense / offense for which the death penalty is authorized.
Conditions of confinement lawsuit / prisoner lawsuits complaining about prison conditions.
Cruel and unusual punishment / Eighth Amendment limit on punishments.
Determinate sentence / sentence for a definite number of year imprisonment (fixed sentence).
Deterrence theory / fear of punishment will keep others from committing crime.
Direct restitution / offender makes monetary payments to victim.
Furman v. Georgia / 1972 U.S Supreme Court decision invalidating all state capital
Good time / reduction in sentence earned by good behavior in prison.
Gregg v. Georgia / U.S Supreme Court case validating controlled discretion capital punishment; statutes.
Incapacitation / prevent future crime by this defendant incarcerating or executing this defendant.
Indeterminate sentence / sentence with a minimum and maximum term.
Intermediate sanctions / punishments between ordinary probation and imprisonment.
Just deserts / theory that offenders deserve to be punished.
Pardon / executive clemency wiping out conviction.
Parole / conditional release from prison with supervision and conditions.
Parole board / executive branch agency that makes parole release decisions.
Probation / sentence allowing offender remain in the community with supervision and conditions.
Rehabilitation / treating or changing offenders to eliminate their offending.
Restitution / requirement that offender provide reparation to the victim.
Retribution / punishment in proportion to harm inflicted.
Selective incapacitation / incapacitate only those with high probability of recidivism.
Symbolic restitution / restitution through community service rather than directly to victim.
Chapter 16
Determinate sentence / specific number of years imprisonment imposed.
Discrimination / different treatment based on illegitimate criteria such as race.
Disparity / inconsistencies in sentencing.
Indeterminate sentence / judge imposes sentence range.
Mandatory minimum sentencing / defendants must serve a minimum term.
Normal penalties / courtroom workgroup assessment of proper penalty for typical crimes and criminals.
Pre-sentence investigation / report written by probation officer to aid judge in sentencing.
Sentencing guidelines / detailed guidelines for judges to impose sentences.
Truth in sentencing laws / defendant required to serve substantial portion of prison sentence.
Chapter 17
Affirmed / appellate court agrees with decision of court below.
Appellant / party filing appeal; losing party in lower court.
Appellee / winning party in lower court, opposes appeal.
Brief / written argument in support of an appeal.
Burger Court / Supreme Court under Chief Justice Warren Burger, 1969-1986.
Collateral attack / habeas corpus or other challenge to conviction after appeals process is completed.
Discretionary appellate jurisdiction / Appellate court may accept of reject appeals.
Dissenting opinion / opinion of judge who disagrees with majority opinion.
Double jeopardy / ban on retrial of person acquitted or convicted of same offense.
En banc / appeal heard by all appellate judges on court, not just a panel.
Error correction / one function of appellate courts, to correct mistakes by courts below.
Habeas corpus / method of obtaining post-conviction review of conviction.
Harmless error / error that does not require reversal of conviction.
Interlocutory / nonfinal order; only some of these can be appealed.
Mandatory appellate jurisdiction / appellate court is required to hear appeal.
New judicial federalism / state constitutions used as tools to expand individual rights.
Notice of appeal / first step in the appeal process.
Opinion / court's written explanation of its decision.
Oral argument / lawyers for parties make oral presentation to appellate court.
Panel decision / appellate court decision by 3 judges, rather than entire court.
Policy formulation / function of appellate courts to shape law to perceived changes.
Rehnquist Court / Supreme Court under Chief Justice William Rehnquist 1986-.
Remanded / case sent back to lower court for further action.
Reversed / decision of lower court overturned.
Reversible error / error by lower court that requires conviction be overturned.
Warren Court / Supreme Court under Chief Justice Earl Warren, 1953-1969.
Chapter 18
Alternative Dispute Resolution (ADR) / alternative to courts involving less adversarial
Inferior court (lower court) / courts at the bottom of the judicial hierarchy.
Justice of the peace / generic name for lower courts in rural areas.
Misdemeanor / offense punishable by fine or imprisonment of less than one year in jail.
Municipal court / lower court in a city; urban counterpart of Justice of Peace court.
Ordinance / city or county regulation.
Small claims court / court providing expedited, informal procedures for small civil cases.
Trial courts of limited jurisdiction / another name for lower courts.
Chapter 19
Adjudicated / went to trial.
Adjudicatory hearing / trial.
Child-victim / juvenile is not offender but victim of abuse, neglect, etc..
Conference / roughly equivalent to preliminary hearing.
Delinquency / crime committed by juvenile.
Detention / confinement pending adjudication.
Dismissal / petition or charges dropped.
Disposition / sentence.
Initial hearing / informal hearing at which intake decision is made.
Intake decision / decision as to whether case will be handled formally or informally.
Juvenile / person subject to juvenile court jurisdiction.
Juvenile courts / special courts set up to deal with juvenile misconduct.
Lower age of jurisdiction / age below which juvenile court does not have jurisdiction of child.