Criminal Justice Study Guide

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Criminal Justice Final Review

Ch 8
Jurisdiction- a court’s legal power to hear particular kinds of cases

Court of General Jurisdiction- a court that can hear nearly any type of case

Court of Limited Jurisdiction- a specialty court that can hear only cases of a certain type

En Banc- an appeals case presided over by a larger than usual panel of judges (more than three)

Appellate Brief- a document containing legal arguments in an appellate case, submitted to a court by attorneys for one party.

Remand- the act by which an appellate court sends a case back to a lower court for further proceedings

Court of last resort- the highest court to which a case may be appealed.

Writ of certiorari- a request that a case be heard by an appellate court such as the U.S. Supreme Court

In chambers- meeting that occurs between attorneys and a judge in the judge’s office rather than in the court room.

Recusal- the act by which a judge removes herself from a case bc she may be biased or may have appearance of being biased

Due process- the right guaranteed by the fifth and fourteenth amendments that laws and processes be fair.

Magistrate- a judge who handles matters such as warrants, infractions, and the early stages of a criminal case

Justice of the peace- a judge who handles matters such as warrants, infractions, and the early stages of a criminal case

Commissioner- an individual who presides over the early stages of some criminal trials or serves as a judge in specialized courts

Special prosecutor- prosecutor who is appointed specifically for one particular case, usually because of his specialized knowledge or experience

Attorney general- state’s head law enforcement officer; also the head of the U.S. Department of Justice

District attorney – the lawyer who prosecutes criminal cases at the local level

Prosecutorial discretion- prosecutor’s power to determine when to bring criminal charges and which charges to bring

Defense attorney- lawyer who represents the defendant in a criminal case

Attorney-client privilege- right of a person to prevent the government from asking his lawyer to provide evidence of the content of discussions between the person and his attorney

Local legal culture- a shared understand of how cases should be processed

Going rate- generally agreed upon sentence for a defendant based on the crime and prior record

Grand jury- panel of citizens who may investigate certain crimes and determine whether sufficient evidence exists to bring a defendant to trial

Petit jury- small group of citizens who determine whether a criminal defendant is guilty of the crimes with which he is charged

Venire- a group of people called to be prospective jurors

Voir dire- process of questioning prospective jurors about their background, opinions, and knowledge relevant to a particular case

Challenge for cause- excusing potential jurors from a jury because they might be biased in that case

Peremptory challenge – attorney’s removal of a prospective juror she feels will not be sympathetic to her side of the case

Jury nullification- power of juries to refuse to apply criminal laws when they feel applying them would be unjust

Lay witness- individual who has personally seen or heard information relevant to the case at hand; also called fact witness or eyewitness

Expert witness- one who has specialized knowledge of some scientific or technical matter intended to help the trier of fact understand particular evidence or specific facts in a case

Subpoena- legal document ordering a person to appear in court

Contempt of court- violation of a court’s order, punishable by fine, jail time, or both
Ch 9

Bail- a sum of money deposited by a defendant with a court to ensure the defendant’s appearance at trial

Preventive detention- practice of holding a suspect without bail because he’s believed to pose a potential danger to the community or at risk of...
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