Help
Options
Didn't know it?
click below
click below
Knew it?
click below
click below
Don't Know
Remaining cards (0)
Know
retry
shuffle
restart
0:00
Embed Code - If you would like this activity on your web page, copy the script below and paste it into your web page.
Normal Size Small Size show me how
Normal Size Small Size show me how
Criminal Courts
Exam 1 Vocabulary
| Term | Definition |
|---|---|
| crime control model | a perspective on the criminal justice process which prioritizes the repression of criminal conduct |
| criminal justice system | the numerous public agencies involved in implementing public policy concerniing crime |
| CSI effect | heightened juror expectations and demands for scientific evidence as a result of changes in popular culture brought about by rapid scientific and technological advances and widespread dissemination of information about them |
| due process model | a perspective on the criminal justice system which emphasizes protecting the rights of the individual |
| felonies | crimes punishable by 1 year or more in prison in most states |
| misdemeaners | crimes typically punishable by up to a year in local jails |
| violations | crimes subject to a fine or short jail term |
| actus reus | requirement that, for an act to be considered criminal, the individual must have committed a voluntary act that resulted in criminal harm |
| administrative regulations | rules and regulations adopted by adminstrative agencies that have the force of law |
| adversary system | the burden is on the prosecutor to prove the defendant guilty beyond a reasonable doubt, and the defense attorney is responsible for arguing for the client's inncence and asserting legal protections |
| affirmative defense | the defendant bears the burden of persuasion to prove the defense |
| alibi defense | a defense which argues that the defendant could not have committed the crime. For example a defendants argues that witnesses can show he was somewhere else at the time the crime was committed |
| Anglo-American law | U.S. Law |
| attempts | an act done with the intent to commit a crime, an overt act toward its commission, the failure to complete the crime, and the apparent possibility of committing it |
| attendant (accompanying) circumstances | conditions surrounding a criminal act. For example, the amount of money stolen in a theft |
| beyond a reasonable doubt | burden of proof required by law to convict a defendant in a criminal case |
| bill of rights | the first ten amendments to the U.S. Constitution, guaranteeing certain rights and liberties to the people |
| burden of persuasion | the obligation of a party to prove a fact to a certain level |
| burden of production | requirement that one must produce evidence to put acts in issues |
| civil law | law governing private parties; other than criminal law |
| clear and convincing evidence | a higher lever of proof than the preponderance of the evidence standard, yet it falls short of proof beyond a reasonable doubt |
| common law | law developed in England by judges who made legal decisions in the absence of written law. Such decisions served as precedents and became "common" to all of England. Common law is jusdge made, it uses precedent, and it is found in multiple sources |
| constitution | the first document that establishes the underlying principles and general laws of a nation or state |
| contracts | agreements between two or more persons involving a promise supported by mutual obligations |
| corpus delicti | the essential elements of a crime that the prosecution must prove beyone a reasonable doubt |
| criminal defenses | attempts to cast doubt on the defendant's guilt |
| criminal intent | the mental state required for a crime to have been committed |
| criminal law | laws passed by government related to actions that are considered so dangerous, or potentially so, that they threaten the welfare of society as a whole |
| declaratory judgement | a judicial determination of the rights of the parties |
| defendant | the person or party aainst whom a lawsuit or prosecution is brought |
| defenses of justification | defenses based on the commision of an act under circumstances he criminal law does not seek to punish, such as using orce in self-defense, defense of other persons, or defense of property |
| defenses of excuse | defenses seeking to excuse acts committed by defendants who should not be held criminally responsible for their actions because they were too young or because their mental state prevented them from understanding the consequences of their actions |
| domestic relations | matter of family law mainly involving divorce, child custody, support, and alimony |
| felony | the more serious of the two basic types of criminal behavior, usually bearing a possible penalty of one year or more in prison |
| guily act (actus reus) | requirement that, for an act to be considered criminal, the individual must have committed a voluntary act that resulted in criminal harm |
| in rem | a lawsuit brought against a thing rather than against a peson |
| infancy | a criminal defense where children under the age of 7 are considered legally incapable of forming criminal intent and therefore cannot be held criminally responsible for their actions |
| inheritance | property received from a dead person, either by effect of intestacy or through a will |
| injunction | a court order that requires a person to take an action or to refrain from taking an action |
| insanity defense | an excuse defense which seeks to excuse acts committed by defendants because their mental state prevented them from understanding the consequences of their actions |
| judge-made law | the common law as developed in form and content by judges or judicial decisions |
| judgement | a court's official decision about the rights and claims of each side in alawsuit |
| juvenile delinquency | an act committed by a juvenile, which would be a crim for an adult |
| law | body of rules enacted by public officials in a legitimate manner and backed by the force of the state |
| mens rea | mental stae required for a crime |
| misdemeanor | lesser of the two basic types of crime, usually punishable by no more than one yaer in jail |
| mistake of fact | defense in which a mistake regarding a factual matter would have justified the act or omission that is the subject o a criminal prosecution |
| monetary damages | sums of money that a court orders to be paid to a person who has suffered a legal injury |
| municipal ordinance | a statutory law enacted by a local unit of government |
| plaintiff | the person who states a lawsuit |
| precedent | a case previously decided that serves as a legal guide for the resolution of subsequent cases |
| preponderance of the evidence | commonly understood as proof that something is more likely than not |
| presumption | a conclusion or deduction that the law requires the trier-of-fact to make in the absence of evidence to the contrary |
| presumption of innocence | requires the trier-of-fact to accept that the defrendant is innocent unless the prosecution meets its burden to prove that the defendent is guilty beyond a reasonable doubt |
| presumption of sanity | requires that all defendants be presumed sane unless sufficient evidence of their insanity is proven, usually by clear and convincing evidence |
| probable cause | the existence of facts - independently verifiable factual information that supports the conclusion that there is a "fair probability" that a crime occurred or that a particular person was involved in a crime |
| procedural defenses | deenses that focus on compliance with the rules and processes of the criminal justice system, such as the right to a speedy trial |
| procedural law | law that establishes the methods to be followed in starting, conducting, and finishing a lawsuit |
| property | a division of civil law which centers on the ownership of things |
| reasonable, articulable suspicion | the next level up from mere suspicion. Instead of just having a hunch or intuitive feeling, a person can articulate the reasons why he or she is suspicious |
| remedy | the relief granted by a court |
| result | a consequence of a criminal act |
| selective incorporation | the legal doctrine whereby the Supreme Court ruled that he due process clause of the Fourteenth Amendment made some provisions of the Bill of Rights applicable to the states |
| self-defense | The commisoin of an act under circumstances the criminal law does not seek to punish such as using force in defense of oneself, other persons or property |
| statutes | laws enacted by federal and state legislatures |
| substantive law | law that creates legal obligations. Tort, contract, and domestic relations are examples of substantive civil law. Murder, robbery, and burglary are examples of substantive criminal law |
| tort | legal wrong done to another person |
| appellate court | a court that hears appeals from trial courts on points of law |
| appellate jurisdiction | the authority of a court to hear, determine, and render judgement in an action on appeal from an inferior court |
| Article I | section of the U.S. constitution concerning the legislative branch of the national government |
| Article III | Section of the U.S. constitution concerning the judicial branch of the national government |
| Bivens actions | Permits private persons to sue those who act under color of federal authority for alleged deprivation of constitutional rights |
| concurrent jurisdiction | shared judicial powers over certain kinds of cases |
| constitutional courts | federal courts creaqted by congress by virtue of its power under Article III of the constitution to create courts inferior to the supreme court |
| dual court system | a court system consisting of a separate judicial structure for each state in addition to a national structure. Each case is tried in a court of the same jurisdiction as that of the law or laws involved |
| en banc | french term referring to the session of an appellate court in which all the judges of the court participate, as opposed to a session presided over by three judges |
| diversity of citizenship | When parties on the opposite sides of a federal lawsuit come from different states, the jurisdiction of the U.S. district courts can be invoked if the case involves a controversy concerning $75,000 or more in value |
| enemy combatants | Persons imprisoned during the War on Terrorism |
| extradition | Legal process whereby officials of one state surrender an alleged criminal offender to officials of the state in which the crime is alleged to have been committed |
| federal question | Case that contains a major issue involving the U.S. Constitution or U.S. laws or treaties. |
| geographical jurisdiction | Geographical area over which courts can hear and decide disputes. |
| Habeas Corpus | Collateral challenge by inmates to a conviction based on the argument that the trial was constitutionally unfair |
| habeas corpus petitions | Document by which inmates collaterally challenge their convictions based on the argument that their trial was constitutionally unfair. |
| hierarchical jurisdiction | Refers to differences in the functions of courts and involves original as opposed to appellate jurisdiction. |
| jurisdiction | The power of a court to hear a case in question. |
| legislative courts | Judicial bodies created by Congress under Article I (legislative article) and not Article III (judicial article). |
| mandamus petitions | Seeks a court order to compel a public entity or official to do something that is owed to the plaintiff as a matter of constitutional or statutory right. |
| original jurisdiction | Jurisdiction in the first instance; commonly used to refer to trial jurisdiction as opposed to appellate jurisdiction. Appellate courts, however, have limited original jurisdiction. |
| personal jurisdiction | A court’s power over an individual person or corporation |
| prisoner petitions | Civil lawsuit filed by a prisoner alleging violations of his or her rights during trial or while in prison. |
| rule of four | A vote of four Supreme Court justices is required to grant certiorari to review a case |
| Section 1983 | Allows individual persons to sue those who act under color of state law to redress alleged deprivations of constitutional rights. |
| stay | A court order that temporarily suspends activity in a case |
| subject matter jurisdiction | Types of cases courts have been authorized to hear and decide. |
| trial court | Judicial body with primarily original jurisdiction in civil or criminal cases. Juries are used, and evidence is presented |
| U.S. courts of appeals | Courts created by Congress in 1981 to relieve the Supreme Court from hearing the growing number of appeals. The intermediate appellate courts of the federal system |
| U.S. district courts | The trial courts of the federal court system. |
| U.S. Supreme Court | Court of last resort in the federal system. It is a court from which no appeal is possible |
| venue | The particular location or area in which a court having geographic jurisdiction may hear a case. |
| writ of certiorari | Order issued by an appellate court for the purpose of obtaining from a lower court the record of its proceedings in a particular case. |
| alternative dispute resolution (ADR) | Program which seeks to settle disputes by less adversarial means than the tradition legal processes. |
| arbitration | One form of alternative dispute resolution which seeks to settle court cases after they have been filed but before they are tried by a judge |
| centralized administration | state high court of last resort, working through court administrators, provides leadership for the state court system. |
| centralized judicial budgeting | The state judicial administrator is given authority to prepare a single budget for the entire state judiciary and send it directly to the legislature |
| centralized rule making | State high courts of last resort have the power to adopt uniform rules to be followed by all courts in the state. |
| community courts | Government-sponsored programs receiving the bulk of their cases from criminal justice agencies and improving the justice system by removing minor cases from the court. |
| drug courts | Specialty courts with jurisdiction over cases involving illegal substances. Drug courts typically stress treatment rather than punishment. |
| inferior court (lower court) | A lower-level state court, such as a justice of the peace court, whose jurisdiction is limited to minor civil disputes or misdemeanors |
| intermediate courts of appeals (ICAs) | Judicial bodies falling between the highest or supreme tribunal and the trial court; created to relieve the jurisdiction’s highest court of hearing a large number of cases. |
| JP | Justice of the peace. |
| justice of the peace courts | Lower courts in most rural areas. |
| mediation | One form of alternative dispute resolution which seeks to settle court cases after they have been filed but before they are tried by a judge |
| misdemeanor | A crime punishable by a fine, imprisonment (usually in a local jail, for a period of less than 1 year), or both. |
| municipal court | Lower courts in most urban areas. |
| ordinance | Laws passed by a local governing body such as a city council. |
| state high court of last resort | The highest court in a state judicial system |
| simplified court structure | A simple, uniform court structure for the entire state. |
| small claims court | Civil courts that handle disputes under a set dollar amount. |
| statewide financing | Financing of all courts in one state by that state. |
| therapeutic jurisprudence | Judicial bodies such as drug courts that stress helping defendants in trouble through nonadversarial proceedings. |
| traffic offenses | Offenses involving self-propelled motor vehicles. |
| trial court of general jurisdiction | A trial court responsible for major criminal and civil cases |
| trial court of limited jurisdiction (lower court/inferior court) | A lower-level state court, such as a justice of the peace court, whose jurisdiction is limited to minor civil disputes or misdemeanors. |
| trial de novo | Hearing conducted by a trial court of general jurisdiction when a defendant appeals the ruling of a trial court of limited jurisdiction |
| violations | Minor offenses designated by legislatures usually punishable only by a fine but some jurisdictions authorize short jail sentences up to 30 days for some offenses |
Created by:
sshipman
Popular Criminal Justice sets