Hardin Ch. 16
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Lions4Life on April 4, 2011
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39 terms
Terms | Definitions |
|---|---|
 acquittal | jury vote of not guilty |
| parole | early, supervised release from prison |
| testimony | answers given while under oath |
| arraignment | procedure in which the defendant is formally presented with charges and asked to enter a plea |
| bench trial | a trial conducted before a judge without a jury; judge determines guilt |
| penal code | written criminal laws (and punishments) of a state |
| arbitrator | a profession who resolves disputes |
| discovery | process in which lawyers on each side check facts and gather evidence by questioning the other party and possible witness |
| summons | document that announces that the defendant is being sued and sets a date and time for court appearance |
| settlement | pretrial agreement in which the parties agree on an amount of money that the defendant will pay to the plaintiff |
| complaint | statement describing a lawsuit and naming the plaintiff and the defendant |
| rehabilitate | to correct a person's behavior |
| juvenile | a person who is not yet an adult |
| case of neglect | involves juveniles whose caregivers neglect or abuse them |
| equivalent | equal to |
| DUI | can be either felony or misdemeanor |
| indeterminate sentencing | range--judge gives a minimum and maximum |
| probation | defendant is on supervised release |
| death | most serious sentencing option; not all states have death penalty |
| steps in criminal procedure | 1. arrest (Miranda Rights, booked into jail) 2. hearing --indictment 3. arraignment--plead 4. trial (presenting the case--opening statement, testimony, cross-examine, closing testimony) 5. the verdict 6. sentencing 7. appeal--done by defendent if looses--2 reasons |
| 2 ways to appeal | 1. judge made errors 2. defendant's constitutional rights were violated |
| death penalty | goes straight to state supreme court for review (because of Furman vs. Georgia)--minorities disproportionate amount |
| First step in civil suit: bringing the suit | Includes: 1. retaining a lawyer (usually first step) 2. file complaint with court 3. court send summons to defendant- 4. defendant's response 5. discovery by both lawyers 6. pretrial hearing***may settle here or withdraw suit if weak 7. other settlement options: arbitration or mediation |
| second step in civil suit: trial | this step includes 1. either judge or jury 2. presenting cases by both sides 3. plaintiff must show a preponderance of evidence to win 4. verdict--either by judge or jury 5. appeal if judge made error or injustice took place....can take years |
| government | plaintiff in criminal case |
| person wronged | plaintiff in a civil case |
| misdemeanor | illegal gambling, small vandalism, etc punishments: fine, sentenced up to one year |
| felony | kidnapping, arson, murder, punishment: jail, loss of civil rights, not considered for certain jobs (teaching, law enforcement, military, etc) |
| juvenile delinquent | a person under age 18 who has been convicted by a jude (not jury) |
| differences between juvenile and adult justice | 1. no trial by jury (judge aka bench trial) 2. closed to public 3. identity and records kept secret |
| 2 types of cases in juvenile courts | 1. neglect 2. juvenile delinquent |
| Supreme Court rulings with delinquent | 1. have access to 14th amendment--due process and equal protection 2. are entitled to Bill of Rights--right to lawyer, confront witness, not self-incriminate |
| circumstances juveniles can be tried as adults | 1. if they are older teens and commit a serious crime 2. if they have a past criminal record. |
| diversion or detention option instead of court | usually done by police officer who handles juvenile cases in order to avoid court (this is only in some places) |
| types of rehabilitation for juvenile | 1. boot camps 2. counseling 3. reform school 4. job training 5. drug treatment programs |
| Rehabilitation | goal of juvenile justice |
| Reasons for punishment in adult system | 1. get violent offenders off street 2. provide punishment to pay for offense 3. deterent (prevention) for others not to commit 4. allows lawbreakers to reenter society (counseling, job training, education)--adult rehabilitation |
| crime | an act that breaks a federal or state criminal law and causes harm to people or society |
| Who grants parole? | govenor or parole board |
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