Chapter 12 An Overview of the Criminal Justice System

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"Principle of Federalism"
The first Congress established a federal court system, and the individual states were permitted to ..?

Continue their own judicial structure

"Based on the Principle of Federalism"
In the early history, most cases were tried in..?

State courts

"Based on the Principle of Federalism"
Later history , federal government and federal judiciary began to exercise jurisdiction over ..?

Crimes and civil matters

"Based on the Principle of Federalism"
As a result of historical evolution, a "...." of state and federal courts exists today

dual system

The CJS preforms its duties w/ what type of supervision?

Little or none

Our CJS is based on the ..?

Principle of Federalism

What are the 3 levels of the state courts?

Trial, Appellate, Supreme

Trial Court is?

where criminal cases start and finish

Appellate Courts is the "...." "...." court and are known as the court of "....."?

"intermediate" "appellate" courts are known as courts of "appeals"

State Supreme Court is?

final appellate courts are the highest state appellate courts

Judiciary Act of 1789 created ..?

U.S. Supreme Court and established District courts and Circuit courts of appeals

The federal courts can, like most state courts, be divided into three levels: which are?

Federal District, Federal Circuit, US Supreme

Federal District Courts: have original jurisdiction over all cases involving a violation of federal ..?

Statutes

Federal Circuit Courts is a?

intermediate appellate courts

U.S. Supreme Court?

The highest court in the land

The US Supreme Court has the capacity for judicial review of all ..?

lower court decisions, as well as state and federal statutes.

JUvinile Courts are both?

State and federal, founded on the concept of rehab, shield juveniles from public scrutiny; therefore, each contained provisions for keeping matters confidential

When is Federal Jurisdiction in juvenile matters is established?

State doesn't have jurisdiction.
State doesn't have services avail
Offense charged is a violent felony or drug offense & there is a substantial Federal interest in the case

State Court Juvenile System was established in 1899 with the ..?

Illinois Juvenile Court Act

"Illinois Juvenile Court Act" 5 basic principles are?

(1) State is ultimate parent of all children w/in its jurisdiction (parens patrea)
(2) State should utilize non-punitive measures to save children
(3) Children should be nurtured and not stigmatized by the court process
(4) Justice should be tailored to meet individual needs and requirements of each Juvenile
(5) Non-criminal sanctions is necessary to give primary consideration to the needs of the child

"Illinois Juvenile Court Act"
State is ultimate parent of all children w/in its jurisdiction .. is known as?

parens patrea

Who are the 7 parties involved in the criminal justice process?

Victim
Perpetrator
LE
Prosecutor
DA
Courts
Correctional System

What is the CJ procedure known as Case-in-Chief?

The portion of a trial whereby the party with the "Burden of Proof" in the case presents its evidence

Guilty Plea is when?

The defendant admits to committing the offenses charged

Nolo contendere - literally means?

"no contest".

When a defendant pleads Nolo Contedere the defendant is not contesting the charge. In essence, it is a ?

guilty plea and carries the same criminal sanctions as a guilty plea

What is signiffigant about a defendant pleading Nolo Contendere?

It is significant for the victims b/c the plea cannot be used in any subsequent civil action to establish liability against the defendant

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