No lo contendre
No contest: same as pleaing guilty, abbot be used against you in a civil suit
Justice of a peace court
Not promised of a judge but justice of peace; hear local cases, issue arrest/search warrants set bail arraignments handle small civil cases
Problem with justice of peace
Minimal legal training
- don’t have to be an attorney
Tehan v. U.S. X rel Scott
US Supreme Court decided in 1966 that the basic purpose of a trial is the discrimination of truth
Adversarial system
Local system wherein there is a contest between two opposing sides with a judge sitting as an impartial arbiter seeking truth
- cross examination of a witness
Justice in the eye of the. Beholder
Whether or not justice is done in the courtrooms depends on the interests or view points of the affected or interests; a victim may not agree with a juries verdict
Administration
Marshall of the court supervisors building operations; supervising staff of 30 under the guidance of Chief Justice
Appeal
After conviction defendant may challenge outcome potential grounds for appeal
- legal error
- juror misconduct
- ineffective council
- lack of sufficient evidence to support guilty verdict
Punishments
- incarceration
- probation
- fines
- restitution
- community service
Jury trials
Many believe the jury system to be the most sacred aspect of our criminal justice system
Trial protocols
-Order important
Opening statements
- prosecutions case
- motion to dismiss
- defense case
- prosecution rebuttals
- closing arguments
- jury instructions
- jury deliberations and verdict
- post trial motions
Baker v. Wingo
Suprem court never ruled any time limit applies
- length of delay
- reason for the delay
- time and manner in which the defendant has asserted his right
- degree of predjudice to the defendant which the delay has caused
Federal court of appeals
The four tiered federal system that includes
- Supreme Court
- circuit court
- district court
- magistrate court
District court
County state or federal level trial courts with general and original jurisdiction
Standing
A legal doctrine requiring that one must not be a party due to a lawsuit unless he has a personal stake in its outcome
US Supreme Court
The court of last resort I. The united states highest appellate court, consists of 9 judges who are appointed for life
Causation
A link between ones act and the injuries act or crime, such as one tossing a match in a forest and igniting a deadly fire
Court of last resort
The last court that may hear a case at the state or federal level
Discovery
Procedure where prosecution and defense exchange and share information as to witnesses to be used
Based on Brady V. Maryland 1963
Pretrial motions
Any number of motions filed by prosecutors and defense attorneys prior to trial
Plea negotiation or bargaining
A preconviction process between the prosecutor and the accused in which a plea of guilty is given by the defendant with certain specified consideration in return having counts tossed out, plea for leniency or shorter sentence
Grand jury
A body that hears evidence and determine probable cause regarding crimes and can return formal charges against suspects
Arraignment
A criminal court proceeding where a formally charged defendant is informed of the charges and asked to enter a formal plea of guilty or not guilty
Preliminary hearing
A stage in the criminal process conducted by a magistrate to determine whether a person charged with a crime should be held for trial based on probable cause
- doesn’t determine guilt or innocence
Partisan election
Candidates are represented by a political party
Legislative appointment
Selecting a judge
Non partisan election
Not biased local elections; not representing a political party
Diversion programs
The ability to be used as an intervention strategy for first time offenders who have broken the law and found themselves in the juvenile justice system
Sentencing
To declare the punishment for an offender
Gubernatorial appointment
One way to select a judge 3 primary ways states use this method - choose judge for an initial term - to select a judge to fill an interm -to select a judge to fill midterm vacancy
Bail
Surety(cash/paperbond) provided by a defendant to gurarentee his/her return to court to answer to criminal charges
Initial appearance
A formal proceeding during which the accused is read his/her rights, informed of the charges and given the amount of bail required to secure pretrial release
Limited jurisdiction lower courts
Lowest level of state courts are trial courts of limited jurisdiction also known as inferior or lower courts
- constitute 85% of all judicial bodies in the US
Booking
Clerical procedure for when an arrestee is taken to jail and a record is made of his/her name, address , charges, arresting officers, time and place of arrest, and so on
General jurisdiction
The power of a court to hear a particular type of case; also the territory where a court may conduct its work- city county state or federal
Dual court system
A term basically meaning there are Both state and federal court systems
Trial process
All of the steps in the adjuicatory process from indictment or charge to conviction or acquittal
Marbury vs. Madison
1803
On his last night in office Addams appoints 58 judges 4 letters didn’t get delivered
- 1 letter was to marbury, he sues because he didn’t get his job when Madison became president
Conferences and workload
Rule of 4
- if four justices decided to grant, then court will agree to hear the case
Circuit courts
Illinois is in the 7th circuit with Indiana and Wisconsin
Writ of certiorari
An order from higher court directing a lower court to send the record of a case for review
U.S. Supreme courts
The court of last resort in the u.s. Also highest appellate court, consists of 9 judges who are appointed for life
- only hears about 100 cases per year
Appeal
After conviction the defendant may challenge the outcome
4 circumstances that Supreme Court has to hear an appeal
- ) federal court has held an act of congress has ruled unconstitutional
- ) when a u.s court of appeals found a state statute unconstitutional
- ) when state Supreme Court ruled a federal law invalid
- ) when an indivitual challenge to a state statute on federal constitutional arounds have been upheld by a state Supreme Court
Post trial motions
If the jury delivers a guilty verdict the defense will usually ask the judge to override the juries decision and acquit the defendant or grant him a net trial. Motion is almost always denied
Speedy trial act 1974
Later amended it originally was em acted to ensure complained with 6th amendment provision for a speedy trial by requiring that a federal case be brought to trial no more than 100 days following the arrest