Chapter 9 - Courts and Pretrial Processes
Terms in this set (29)
What is a dual court system?
Separate federal and state court system handling cases in the United States.
What different categories of courts exist within each court system?
The federal system is made up of the Supreme Court of the United States, circuit court of appeals, and districts courts. State court system are made up of an appellate court of last resort, intermediate courts of appeals, trail courts of general jurisdiction, and trial courts of limited jurisdiction
What does it mean for courts to be decentralized?
Operated and controlled by local communities, not a statewide administration. Most state and county courts are decentralized.
What are the main goals of advocates of judicial reform?
To create a unified court system with consolidated and simplified structure that has centralized management full funding by the state, and a central personnel system
What is the image of the judge in the public's eye?
The judges carefully and deliberately weigh the issues in case before making a decision. Judges embody justice and dispense it impartially.
People are detained in jail for many reasons. What categories of people are found in jails?
(1) Pretrial detainers for whom bail was not set or those who are too poor to pay the bail amount required.
(2) People serving short sentences for misdemeanors
(3) People convicted of felonies awaiting transfer to prison
(4) People with psychological or substance abuse problems who have been swept off the streets
What source of stress do people face while in jail awaiting trial?
The stress of living with a difficult and potentially dangerous cell mates; uncertainty about what will happened to their case, their families, their jobs, and their ability to contribute to preparing a defense
The geographic territory or legal boundaries within which control may be exercised, the range of a court's authority
Trail courts of limited jurisdiction
Criminal court with trial jurisdiction over misdemeanor cases and preliminary matters in felony cases. Sometimes these courts hold felony trials that may result in penalties below a specified limit.
Trail courts of general jurisdiction
Criminal courts with jurisdiction over all offenses, including felonies. In some states, these courts also hear appeals.
Courts that do not try criminal cases but hear appeals of decisions of lower courts
Specialized courts that impose drugs testing and counseling requirements on substance abusers and monitors their progress instead of sending them immediately to jail or prison
An election in which candidates jury affiliation are no listed on the ballot
An election in which candidates openly endorsed by political parties are presented to voters for selection
Basis of the American legal system in which a passive judge and jury seek to find the truth by listening to opposing attorneys who vigorously advocate on behalf of their respective sides
Basis of legal system in Europe in which the judge take an active role in investigating the case and asking question of witnesses in court.
A reform plan by which judges are nominated by a commission and appointed by the governor for a given period. When the term expires, the voters are asked to approve or disapprove the judge for a succeeding term. If the judge is disapproved the committee nominate a succession for the governor's appointment.
The court appearance of an accused person in which the charge are read and the accused, advised by a lawyer, pleads guilty or not guilty
An application to a court requesting that an order be issued to bring about a specified action
An amount if money specified by a judge that be paid as a condition of pretrial release to ensure that the accused will appear in court as required
Release of Recognizance
Pretrial release granted on the defendant's promise to appear in court, because the judge believes that the defendant's ties in the community guarantee that he or she will appear
Holding a defendant for trail, based on a judge's finding that, if the defendant were released on bail, he or she would flee or would exchange another prison or community
United States v. Salerno and Cafero
Preventive detention provisions for Bail Reform Act of 1984 are upheld as legitimate use of government power designed to prevent people from committing crimes while on bail.
What are five methods used to select state trial court judges?
Gubernatorial appointment, legislative selection, merit selection, nonpartisan election, and partisan election
How are federal judges appointed?
The president and confirmed by the U.S. Senate
What do defense attorneys used preliminary hearings for?
Provides an opportunity for defense attorneys to challenge the prosecution's evidence and make motions to the court
What are the six principles of bail setting?
1. The accused is entitled to release on his or her recognizance
2. Nonfinancial alternatives to bail will be used when possible
3. The accused will receive a full and fair hearing
4. Reasons will be stated for decision
5. Clear and convincing evidence will be offered to support a decision
6. There will be a prompt and automatic review of all bail determination
What act authorizes preventive detention?
Bail Reform Act of 1984
What is the Bail Reform Act of 1984?
A federal judge determine if
1. If there is a serious risk that the person will flee
2. if the person will obstruct justice or threaten, injure, or intimidate a prospective witness or juror
3. if the offense is one of violence or one punishable by life imprisonment or death
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