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Universities » California State University - Lo.. » CRIM - Criminal Justice » 101 - ADMIN OF JUSTICE » Flash Cards

Chapter 5 - Flashcards

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Class:CRIM 101 - ADMIN OF JUSTICE
Subject:Criminal Justice
University:California State University - Los Angeles
Term:Spring 2011
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Dual Court System The court system in the United States, consisting of one system of state and local courts and another system of federal courts.
Jurisdiction The authority of a court to hear and decide cases.
Original Jurisdiction The authority of a court to hear a case when it is first brought to court.
Appellate Jurisdiction The power of a court to review a case for errors of law.
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General Jurisdiction The power of a court to hear any type of case.
Special Jurisdiction The power of a court to hear only certain kinds of cases.
Subject Matter Jurisdiction The power of a court to hear a particular type of case.
Personal Jurisdiciton A court's authority over the parties to a lawsuit.
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Writ of Certiorari A written order, from the U.S. Supreme Court to a lower court whose decision is being appealed, to send the records of the case forward for review.
Writ of Habeas Corpus An order from a court to an officer of the law to produce a prisoner in court to determine if the prisoner is being legally detained or imprisoned.
Summary/Bench Trials Trials without a jury.
Trial De Novo A trial in which an entire case is reheard by a trial court of general jurisdiction because there is an appeal and there is no written transcript of the earlier proceeding.
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Due Process of Law The procedures followed by courts to ensure that a defendant's constitutional rights are not violated.
Incapacitation The removal or restriction of the freedom of those found to have violated criminal laws.
Punishment The imposition of a penalty for criminal wrongdoing.
Rehabilitation The attempt to "correct" the personality and behavior of convicted offenders through educational,vocational, or therapeutic treatment and to return them to society as law-abiding citizens.
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General Deterrence The attempt to prevent people in general from engaging in crime by punishing specific individuals and making examples of them.
Nolle Prosequi The notation placed on the official record of a case when prosecutors elect not to prosecute.
Plea Bargaining/Plea Negotiating The practice whereby the prosecutor, the defense attorney, the defendant, and-in many jurisdictions-the judge agree on a specific sentence to be imposed if the accused pleads guilty to an agreed-upon charge or charges instead of going to trial.
Rules of Discovery Rules that mandate that a prosecutor provide defense counsel with any exculpatory evidence (evidence favorable to the accused that has an effect on guilt or punishment) in the prosecutor's possession.
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Booking The administrative recording of an arrest. Typically, the suspect's name, the charge, and perhaps the suspect's fingerprints or photographs are entered in the police blotter.
Complaint A charging document specifying that an offense has been committed by a person or persons named or described; usually used for misdemeanors and ordinance violations.
Information A document that outlines the formal charge or charges, the law or laws that have been violated, and the evidence to support the charge or charges.
Grand Jury Indictment A written accusation by a grand jury charging that one or more persons have a committed a crime.
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Arrest Warrant A written order directing law enforcement officers to arrest a person. The charge or charges against a suspect are specified on the warrant.
Preventive Detention Holding suspects or defendants in jail without giving them an opportunity to post bail, because of the threat they pose to society.
Bench Warrant/Capias A document that authorizes a suspect's or defendant's arrest for not appearing in court as required.
Release on Own Recognizance (ROR) A release secured by a suspect's written promise to appear in court
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Conditional Release A form of release that requires that a suspect/defendant maintain contact with a pretrial release program or undergo regular drug monitoring or treatment.
Unsecured Bond An arrangment in which bail is set but no money is paid to the court.
Preliminary Hearing In a felony case, a pretrial stage at which a judge determines whether there is probable cause to support the charge or charges imposed by the prosecutor.
Indictment A document that outlines the charge or charges against a defendant
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Subpoena A written order to testify issued by a court officer.
Arraignment A pretrial stage to hear the information or indictment and to allow the defendant to enter a plea.
Nolo Contendere Latin for "no contest." When defendants plead nolo, they do not admit guilt but are willing to accept punishment.
Venire The pool from which jurors are selected.
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Voir Dire The process in which potential jurors who might be biases or unable to render a fair verdict are screened out.
Venue The place of the trial
Double Jeopardy The trying of a defendant a second time for the same offense when jeopardy attached in the first trial and a mistrial is not declared.
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 Dual Court SystemThe court system in the United States, consisting of one system of state and local courts and another system of federal courts.
 JurisdictionThe authority of a court to hear and decide cases.
 Original JurisdictionThe authority of a court to hear a case when it is first brought to court.
 Appellate JurisdictionThe power of a court to review a case for errors of law.
 General JurisdictionThe power of a court to hear any type of case.
 Special JurisdictionThe power of a court to hear only certain kinds of cases.
 Subject Matter JurisdictionThe power of a court to hear a particular type of case.
 Personal JurisdicitonA court's authority over the parties to a lawsuit.
 Writ of CertiorariA written order, from the U.S. Supreme Court to a lower court whose decision is being appealed, to send the records of the case forward for review.
 Writ of Habeas CorpusAn order from a court to an officer of the law to produce a prisoner in court to determine if the prisoner is being legally detained or imprisoned.
 Summary/Bench TrialsTrials without a jury.
 Trial De NovoA trial in which an entire case is reheard by a trial court of general jurisdiction because there is an appeal and there is no written transcript of the earlier proceeding.
 Due Process of LawThe procedures followed by courts to ensure that a defendant's constitutional rights are not violated.
 IncapacitationThe removal or restriction of the freedom of those found to have violated criminal laws.
 PunishmentThe imposition of a penalty for criminal wrongdoing.
 RehabilitationThe attempt to "correct" the personality and behavior of convicted offenders through educational,vocational, or therapeutic treatment and to return them to society as law-abiding citizens.
 General DeterrenceThe attempt to prevent people in general from engaging in crime by punishing specific individuals and making examples of them.
 Nolle ProsequiThe notation placed on the official record of a case when prosecutors elect not to prosecute.
 Plea Bargaining/Plea NegotiatingThe practice whereby the prosecutor, the defense attorney, the defendant, and-in many jurisdictions-the judge agree on a specific sentence to be imposed if the accused pleads guilty to an agreed-upon charge or charges instead of going to trial.
 Rules of DiscoveryRules that mandate that a prosecutor provide defense counsel with any exculpatory evidence (evidence favorable to the accused that has an effect on guilt or punishment) in the prosecutor's possession.
 BookingThe administrative recording of an arrest. Typically, the suspect's name, the charge, and perhaps the suspect's fingerprints or photographs are entered in the police blotter.
 ComplaintA charging document specifying that an offense has been committed by a person or persons named or described; usually used for misdemeanors and ordinance violations.
 InformationA document that outlines the formal charge or charges, the law or laws that have been violated, and the evidence to support the charge or charges.
 Grand Jury IndictmentA written accusation by a grand jury charging that one or more persons have a committed a crime.
 Arrest WarrantA written order directing law enforcement officers to arrest a person. The charge or charges against a suspect are specified on the warrant.
 Preventive DetentionHolding suspects or defendants in jail without giving them an opportunity to post bail, because of the threat they pose to society.
 Bench Warrant/CapiasA document that authorizes a suspect's or defendant's arrest for not appearing in court as required.
 Release on Own Recognizance (ROR)A release secured by a suspect's written promise to appear in court
 Conditional ReleaseA form of release that requires that a suspect/defendant maintain contact with a pretrial release program or undergo regular drug monitoring or treatment.
 Unsecured BondAn arrangment in which bail is set but no money is paid to the court.
 Preliminary HearingIn a felony case, a pretrial stage at which a judge determines whether there is probable cause to support the charge or charges imposed by the prosecutor.
 IndictmentA document that outlines the charge or charges against a defendant
 SubpoenaA written order to testify issued by a court officer.
 ArraignmentA pretrial stage to hear the information or indictment and to allow the defendant to enter a plea.
 Nolo ContendereLatin for "no contest." When defendants plead nolo, they do not admit guilt but are willing to accept punishment.
 VenireThe pool from which jurors are selected.
 Voir DireThe process in which potential jurors who might be biases or unable to render a fair verdict are screened out.
 VenueThe place of the trial
 Double JeopardyThe trying of a defendant a second time for the same offense when jeopardy attached in the first trial and a mistrial is not declared.
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