GSU CRJU 3700 - Criminal Courts Study Guide Exam 1 (37 pages)

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Criminal Courts Study Guide Exam 1



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Criminal Courts Study Guide Exam 1

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Pages:
37
School:
Georgia State University
Course:
Crju 3700 - American Criminal Courts
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Chapter 1 Crime Courts and Controversy Definitions Crime control model A perspective on the criminal justice process based on the proposition that the most important function of criminal justice is the repression of crime focusing on efficiency as a principle measure Criminal justice system Agencies and institutions directly involved in the implementation of public policy concerning crime mainly the law enforcement agencies courts and corrections CSI effect The Phenomenon in which technology has heightened juror expectations and demands for scientific evident Anecdotal evidence suggests that this effect causes jurors to wrongfully acquit guilty defendants when no scientific evidence is presented a claim not supported by empirical research Due process model A philosophy of criminal justice based on the assumption that an individual is innocent until proven guilty and has a right to protection from arbitrary power of the state Felonies The more serious of the two basic types of criminal behavior usually bearing a possible penalty off one year or more in prison Misdemeanors Lesser than the two basic types of crime usually punishable by no more than one year in jail Violations Minor criminal offenses that are punishable by fine probation or a short jail term typically less than 30 days Chapter 1 Crime Courts and Controversy Textbook The Criminal Justice System is interdependent and fragmented STATE 1 Trial courts of limited jurisdiction 2 Trial courts of general jurisdiction 3 Intermediate court of appeals 4 Appellate court of last resort 5 The Federal Supreme court of U S FEDERAL 1 Magistrate court 2 District court 3 Circuit court of appeals 4 The Supreme court of the U S Justice professional s Police Federal State Sheriff Local Special Private Arrest Members of the public Lawyers Prosecutors Court support Clerks Correctional Probation Public defender Court reporter Jail Private defense Pretrial Prison services Judges Bailiffs Rehabilitatio n Law clerk administrator s Victims Initial appearance Bail Grand jury Preliminary hearing Arraignment Discovery pretrial motions and plea negotiation Trial Sentencing Appeals Crime Any violation of criminal law Arrest The physical taking into custody of a suspect Regular Bail Irregular Defendant s Victims Witnesses Reporter Social services Expert witness Jurors Advocates Initial appearance The accused is told the charges bail is set and the date for the preliminary hearing is set Bail Money or property is pledged as a form of a guarantee that a defendant will appear at trial Charging decision Formal criminal charges against the defendant Stating what laws were violated Preliminary hearing or grand jury Judicial proceedings to determine probable cause exist and to make the accused stand on trial for felony charges Arraignment The defendant is informed of pending charges and can enter a plea Discovery formal and informal exchange of information before trial Pretrial motions The defense may seek to have evidence suppressed because it was collected in a way that violated the constitution Plea negotiations The defendant pleads guilty with the expectation of receiving some benefit Trial A fact finding process using adversarial method before a judge or a jury Sentencing punishment imposed on a defendant who is found guilty of violating the law Appeal Review of a lower level court decision by a higher court Chapter 1 Crime Courts and Controversy Lecture on Chapter 1 The courts and the criminal justice system s components are o Police o Courts o Corrections How are courts related o Fragmented They have different interests traditions and operating procedure o Interdependent They have interaction so they have to corporate with each other o Tensions and conflict They have conflicting goals and perspectives Dual Court System Federal and state system You can be prosecuted in both one or neither U S Courts o Major types Trial courts juries and evidence Appellate courts intermediate U S Supreme court Trial Courts o Trials are held here jurors are sworn in and witnesses are questioned Lower court minor misdemeanor cases Major or higher court felonies Lower court can handle bail and probable cause trial of felonies Appellate Courts o Review decisions made by trial court No trial is held here No jurors employed No witnesses heard Lawyers here argue over previous cases 4 to 5 judges U S Supreme Court o This is the court of last resort There are 9 justices Rule of four Before the case will even be heard 4 justices will have to agree to hear the case However 5 justices have to agree to decide the case Hears fewer than 85 cases a year Usually only hears cases that are impacting society as a whole policy makers They make the law of the land Every decision is binding o Diversity on the bench matters Actors in the court o Most important include Prosecutors most powerful uses discretion determines sentence Defense attorney Judge prestigious Defendants Victims Juries Bailiff you always need The steps in a typical felony prosecution o Crime o Arrest o Initial appearance o Bail o Grand jury o Preliminary hearing o Arraignment o Discovery o Pretrial motion o Plea negotiation o Trial o Sentencing if guilty o Possible appeal Absolve the innocent and convict the guilty Law on the books V Law in action o Law on the books Legal and structural components of the judiciary o Law in action Focuses on human factors on governing the actual application of law Discretion human error and biases Oppression of crime o The Crime Control Model Conservative Individual responsibility Self control discipline Informal fact finding Speed and finality Harsher punishments Prosecution favored o The Due Process Model Liberal Protected individual rights and basic freedoms Social influences Formal fact finding o Careful consideration of each case o Limit police discretion Community based sentencing Rehabilitation and social programs Chapter 2 Law and Crime Definitions Actus reus guilty act Requirement that for an act to be considered criminal the individual must have committed a voluntary act omission or state of knowing possession prohibited by the criminal law Administrative regulations Rules and regulations adopted by administrative agencies that have the force of law Adversary system A proceeding in which the opposing sides have the opportunity to present their evidence and arguments Affirmative defense A defense in which the defendant bears the burden of production and or persuasion to prove that


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