Intro to Criminal Justice- Chapter 7

most felonies are defined by state laws.

Limited - lowest level General - majority of cases heard Appellate - highest level to hear appeals

Intermediate Appellate Courts Courts of Last Resort =State Supreme Courts

9 Justices with 1 chief justice

94 Court district United States Tax Courts

US Court of Intl. Trade US Court of Federal Claims US Court of Veterans Appeals

Army, Navy, Marine Force, etc

State Trial Courts State Appellate Courts State Court Administration Dispute-Resolution Centers and Community Courts

federal court hears only cases involving violations of federal laws settle disputes between states and to have jurisdiction in cases where one of the parties is a state

created by Congress and are referred to as "legislative courts"

1. District Courts and Court of Appeals 2. United States Court of Appeals 3. Supreme Court of the United States

94 in the U.S. have unlimited jurisdiction in both civil and criminal matters and handle most federal trials

Roberts Ginsburg Breyer Scalia Thomas Alito Kennedy Sotomayor Kagan

Handles things that are unconstitutional

1. When an act of Congress has been found unconstitutional in a lower federal court 2. When a state supreme court has found a federal law unconstitutional 3. When a US court of appeals has found a state law unconstitutional 4. When a constitutional challenge of a state law has been upheld by a state supreme court

The First Appearance Pretrial Release Bail Alternatives to Bail Release on Recognizance (ROR) Property Bonds Deposit Bail Conditional Release Third-Party Custody Unsecured Bonds Signature Bonds Pretrial Release and Public Safety

1. To be given formal notice of the charges against them 2. To be advised of their rights 3. To be given the opportunity to retain a lawyer or have one appointed to represent them 4. To possibly be afforded the opportunity for bail

People charged with serious crimes or who are considered dangerous are often held in pretrial detention

1. To gather and present information about newly arrested defendants and what available release options can be used to help judicial officers decide pretrial release options. 2. To supervised defendants released prior to their trials to make sure they comply with court ordered release conditions

1. To ensure reappearance of the accused 2. It prevents unconvicted persons from suffering imprisonment unnecessarily

1. ROR = Release on Recognizance 2. Property Bond 3. Deposit Bail 4. Conditional Release 5. Third-party Custody 6. Unsecured Bond 7. Signature Bond

requires no cash bond but only that the defendant agree in writing to return for further hearings as required by the court.

substitute other items of value in place of cash. land, houses, cars

places the court in the role of bondsman allowing a defendant to post a percentage of the full bail with the court.

imposes a set of requirements on the defendant that might include: drug treatment, protective orders, getting a job, etc. ex: pariticipate in a drug treatment programs

assigns custody of the defendant to and individual or agency that promises to ensure their appearance at later court dates.

based on a court-determined dollar amount of bail. defendant agrees in writing that failing to appear will result in forfeiture of the entire amount which might be taken by seizing property. ex: credit contract

allow release based on the defendant's written promise to appear. bonds involve no particular assessment of the defendant's dangerousness or likelihood of later appearance in court

A common practice

limit the right to bail in certain cases.

Grand juries are comprised of private citizens, often 23 in number, who hear evidence presented by the prosecution.

Lacking a law enforcement agency with investigative authority, the government looked to the grand jury as a source of information on criminal activity in the community.

-hearings are held in secret and the defendant is generally not afforded the chance to appear before the grand jury. -have the power to subpoena witnesses and to mandate review of books, records and other documents crucial to their investigation. the grand jury votes on the indictment presented to it by the prosecution.

States that do not use grand juries rely on preliminary hearings. -The defendant is taken before a lower court judge who summarizes the charges and reviews the rights to which all criminal defendants are entitled. -The defendant is afforded the right to present witnesses and has the right to testify

to give the defendant an opportunity to challenge the legal basis for his or her detention.

the first appearance of the defendant before the court that has the authority to conduct a trial

1. To once again inform the defendant of the specific charges against him or her. 2. To allow the defendant to enter a plea

1. Guilty 2. Not Guilty 3. Nolo Contendere (no contest)

-guilty plea -A defendant who pleads "no contest" is immediately convicted and may be sentenced as though they had pleaded guilty. -This plea is not an admission of guilt and may not be used later as a basis for civil proceedings against the defendant

negotiating involving the defendant, prosecutor and defense counsel where the defendant pleas guilty in exchange for reduced punishment.

a convicted sex offender, petitioned the courts for permission to leave jail before sentencing for sexual assaults on two young girls so he could undergo surgical castration.

True

True

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Resolving cases that erode a community's morale, emphasizing problem- solving rather than punishment

Nonconsensual appeal

ensure reappearance of an accused

Signature bond

94

39

special-purpose courts

48

Herrera v. Collins

conditional release

first appearance

nolo contendere

information

12

bail bond

The U.S. Supreme Court justices serve for eight years

indictment

Sell v. U.S.

The defendant is given the opportunity to cross-examine witnesses.

trial de novo

appellate court

Marbury v. Madison

bail

trial courts of general jurisdiction

courts of last resort

original jurisdiction

property bond

New York State Field Code of 1848

appellate jurisdiction

State courts do not hear cases involving violations of federal law.

Most criminal courts can be classified within a​ three-tiered structure.

Jim accidentally crashes his car into another car causing minor damages.

Jackson is booked for vandalizing homes in his neighborhood.

The Court has the capacity for judicial review of statutes and lower court decisions.

new trial

hears the final appeal on a matte

request for court with appellate jurisdiction to review the judgement, decision or modify it

power of a court to review actions and decisions made by other agencies of government

prevents the pretrial release criminal judged to represent a danger to others in the community