Flashcards
Chpt 8
Flashcards do conjunto (40)
- 1jurisdictionThe authority of the court to try a case. Usually,
jurisdiction is established when some part of the crime was committed
within the geographic jurisdiction of the district court. - 2courts of limited jurisdictionCourts that handle misdemeanor
crimes, violations of criminal traffic laws, and lesser offenses. - 3courts of general jurisdictionCourts that handle felony crimes.
- 4double jeopardyThe act of trying a person twice for the
same offense. - 5due processCourt rules that define the standards for a “fair” trial.
- 6prosecutorial discretionThe power of a prosecutor to decide
whether to charge a defendant and what the charge(s) will be,
as well as to gather the evidence necessary to prosecute the
defendant in a court of law. - 7grand juryAn alternative method, which is confidential, to determine
whether there is sufficient evidence to charge the defendant
with a crime. - 8arraignmentA criminal proceeding where the defendant is
formally charged with a crime and is asked to enter a plea. - 9competent to stand trialThe defendant’s ability to comprehend
the charges against him or her and to assist counsel in his or
her defense. - 10prosecutorial discretionThe power of a prosecutor to decide
whether to charge a defendant and what the charge(s) will be,
as well as to gather the evidence necessary to prosecute the
defendant in a court of law. - 11grand juryAn alternative method, which is confidential, to determine
whether there is sufficient evidence to charge the defendant
with a crime. - 12arraignmentA criminal proceeding where the defendant is
formally charged with a crime and is asked to enter a plea. - 13competent to stand trialThe defendant’s ability to comprehend
the charges against him or her and to assist counsel in his or
her defense. - 14bailTemporary release of the defendant prior to trial.
- 15excessive bailBail that is prohibited by the Eighth Amendment,
but there is no uniform standard as to what “excessive” is. - 16bail bonds agentAn agent of a private commercial business
that has contracted with the court to act as a guarantor of a
defendant’s return to court. - 17jumped bondFailed to appear for a court appearance.
- 18release on recognizance (ROR)To secure the pretrial release of
the accused based merely on the defendant’s unsecured promise
to appear at trial. - 19unsecured bondBond that releases the defendant based on
his or her signing a promissory note agreeing to pay the court an
amount similar to a cash bail bond if he or she fails to fulfill the
promise to appear at trial. - 20signature bondBond that releases the defendant based on
his or her signature on a promise to appear in court, usually for
minor offenses such as traffic violations. - 21conditional releaseA bail alternative in which the defendant is
released from custody if he or she agrees to court-ordered terms
and restrictions. - 22plea bargainingA pretrial activity that involves the negotiation
between defendant and prosecutor for a plea of guilty for which
in return the defendant will receive some benefit, such as
reduction of charges or dismissal of some charges. - 23clearing casesIn reference to the status of a criminal offense,
knowing the perpetrator of the crime, as asserted by the police
or prosecutor. - 24clearing casesIn reference to the status of a criminal offense,
knowing the perpetrator of the crime, as asserted by the police
or prosecutor. - 25sentence bargainingNegotiating with the prosecutor for a
reduction in length of sentence, reduction from capital murder to
imprisonment, probation rather than incarceration, or institution
where the sentence is to be served in return for a guilty plea. - 26sentence bargainingNegotiating with the prosecutor for a
reduction in length of sentence, reduction from capital murder to
imprisonment, probation rather than incarceration, or institution
where the sentence is to be served in return for a guilty plea. - 27Missouri v. Frye and Lafler v. CooperThe two cases that
extended the constitutional rights of criminal defendants to
effective counsel during plea negotiations. - 28trial penaltyThe fact that the sentences for people who go
to trial have grown harsher relative to sentences for those who
agree to a plea. - 29court docketThe schedule of cases and hearings.
- 30statute of limitationsThe length of time between the discovery
of the crime and the arrest of the defendant. - 31Klopfer v. North CarolinaThe act that requires states to grant
defendants a speedy trial. - 32Barker v. WingoThe case in which the court ruled that the
defendant’s failure to request a speedy trial does not negate the
defendant’s right to a speedy trial. - 33Speedy Trial Act of 1974The act that requires a specific deadline
between arrest and trial in federal courts. - 34rules of evidenceAdministrative court rules governing the
admissibility of evidence in a trial. - 35contempt of courtA charge against any violator of the judge’s
courtroom rules, authorizing the judge to impose a fine or term of
imprisonment. - 36gag orderA judge’s order to participants and observers at a
trial that the evidence and proceedings of the court may not be
published, broadcast, or discussed publicly. - 37bench trialA trial in which the judge rather than a jury makes
the determination of guilt. - 38bailiffsThe people who provide courtroom security. Deputy
sheriffs provide security for state courts, and Deputy U.S.
Marshals provide security for federal courts - 39indigentA defense counsel provided for a defendant
who cannot afford a private attorney. - 40Taylor v. LouisianaThe case that ruled that the exclusion of
women from jury duty created an imbalance in the jury pool.
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- Courtroom Participants and the Trial
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