Prosecution final
Terms
undefined, object
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- most influential actor in the courtroom
- prosecutor
- trial by a judge w/o a jury
- bench trial
- sharing & division of powere b/t state and federal courts
- dual court syst.
- key value of crime control model
- repression of crime
- 3 main components of CJ syst
- police, courts, and corrections
- organization of CJ syst
- decentralized and fragmented
- institution of CJ in America is a syst in the scene
- what happens in one agency affects the other agency
- CJ in America can be seen as a nonsyst b/c
- there is tension, conflict, and fragmentation in the syst
- most imp court in America
- Supreme court
- not a federal court
- court of appeals
- courts can be classified to their functions
- trials and appeals
- most state court judges
- are elected
- after boking, arrestees are brought to
- intial appearence
- grand juries
- isssue an indictment in most cases
- 90% of felony convictions result from
- guilty please pursuant to plea bargain
- due porcess model deals with
- concern for the rights of the defendent
- crime control model
- efficency & protecting society
- crime control model is associated with
- conservative
- common law is based on
- precedent
- burden of proof required
- beyond a reasonal doubt
- wrongs agaist the public or state are under
- criminal law
- corpus delicit
- body of crime
- not an element of crime
- guilty conscience
- mens rea
- guilty mind
- Amendment that prohibits the US const. from search and seizures
- 4th
- victims of crime seek
- civil litigations
- Louisiana dervives it civil law from
- Napolencic code
- a court order directly specific to action is
- injunction
- legal attendant circumstances would be
- amount of $ or goods stolen
- penalty for attempt
- is less severe than completes act
- highest burden of proof
- beyond a reasonable doubt
- most civil cases
- request for monetary damages
- statutue is a form of
- litigation
- substansive laws
- the content
- procedural laws
- steps in court proceedings
- suing a landowner for damages
- premise liability
- 2 major adversary actors in CJ syst
- judges and prosecutors
- Brady v. Maryland applies to what evidence
- exculpatory
- not 1 of the 3 justifications for exclusionary rule
- defendents should go free
- not 1 of the 3 distinct types of exclusionary rule
- Miranda warnings
- indictional rule regarding confessions
- must be free & voluntary
- what supreme court case must inform suspects of teir rights
- Miranda v. Arizona
- searches fall into 2 catagories
- warrant & warrantless
- not a warrantless search
- search incident to a lwaful arrest
- Exclusionary rule is directed at police, it is enforced in
- the courts
- During the pretrial suppression hearings, burden of preef lies with
- the defense attorney
- Amendment that provides protection agaist self incrimindation
- 5th
- decision to supress evidence lies with
- the trial judge
- primary requirement for search warrant
- probable cause
- not part of Miranda warnings
- right to present allibi
- in rural areas, number of search warrants are secured by
- the phone
- cases more likely to involve questions of police conduct
- weapon and drug cases
- some states require the defense to file a notice of this type of evidence
- evidence for allibi defense
- would agree in favor of boader dicovery laws
- defense attorneys
- primary purpose of of appelate courts
- error corection
- case in which all judges on appellate court hears the case
- en bonc
- basic principle of US law is that losing party has right to
- one appeal
- general rule is that party cannot appeal
- sn interlocatory
- appeals are restricted to questions of
- law
- appeals are confined to issues
- properly raised or preserved at trial court
- a court that must hear appeal has
- mandatory apellate jurisdiction
- a court that has a choice whether to hear or not hear an appeal
- discretionary
- party who lost in lower court & files the appeal
- appellant or petitioner
- !st step in appeals process
- notice of appeal
- written legal arguments file with appealate court
- briefs
- to expedite appeals, some courts have limited
- oral argument bt attorney
- consumes more appellate judges time then any other appeallate activity
- writting opinions
- legal error by court that does not call for reversal
- harmless
- legal error that requires lower court to be overturned
- reversible
- Congress and Rehnquist have generally
- restricted habeaus corpus
- current supreme court, the swing votes are casted by Kennedy and
- O'Connor
- current cheif justice of supreme court
- Rehnquist
- on the criminal side, lower courts do not have jurisdiction on
- felonies
- on the civil side, lower courts handle
- small claims
- not sometiong of lower courts
- covens grand jury
- not typical of lower court proceedings
- adversarial
- not a problem of lower courts
- shifting of cases to other courts
- appeal that takes the form of a totally new trial
- trial de novo
- under 6th amend., defendent has right to trial by jury if the offense is punishable by impronment of more than
- 6 months
- According to researcher Malcolm Feeley, in lower courts
- the process is the punishment
- in recent yrs in the courts, police have attempted to increase
- coomunity involvement
- mediation attempts to find solutions to disputes through
- compromise and bargaining
- not a recommendation of court reformers
- increase the use of trial by de novo
- as compared to urban courts, rural courts tend to be critized for
- informality, provinialism and crooylism
- major weakness of appeal by new trial
- there is no feedback on error correction for the judge at frist trial
- not a trial court of limited jurisdiction
- district court
- as compared to urban lower courts, rural lower courts rely more on
- informal social controls
- in municipal courts, courtroom workgroups
- encourgae waiver of rights to move cases
- lower courts are also reffered to as
- inferior courts
- not char. or lower court
- jury trial
- trend that did not contribute to the growth of the progressive movement and founding juve. courts
- gentrification
- not a traditional asspect of juve. court proceedings
- open to the public
- in some jurisdictions, juve. courts are a part of
- family courts
- in some jurisdicions, transfer of a juve to adult court is referred to as
- waiver ofcertification
- juve courts intervention in the lives of children and families was based on the legal theory of
- patriae
- heavy disportionate # of juve. transferred to adult courts are
- black males
- most juves transferred to adult court are charged with
- violent offenses
- violation of criminal law that would be a crime if commited by an adult
- delinquent act
- juvenile acts also frequently deal with
- neglected or dependent children
- in 1967, what supreme court decsion dealt with juve. court
- Gault
- one trend and recommendation for jevenile courts is that
- they should be opened to the public
- Truancy and curfew violations are examples of
- status offenses
- not important factor in juvenile case dispostion
- alcohol involvement
- juvenile courtroom workgroup
- probation officers and experts play a greater role
- common civil remedy
- assets forfeiture
- If the appellate court afrims the lower court, this means
- agrees with lower court decision
- of US supreme court, most liberal
- warren court