CRIMINAL COURTS CRJU 313
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This 3 page Class Notes was uploaded by August Jenkins on Monday October 26, 2015. The Class Notes belongs to CRJU 313 at University of South Carolina - Columbia taught by T. Clement in Fall. Since its upload, it has received 28 views. For similar materials see /class/229683/crju-313-university-of-south-carolina-columbia in Criminology and Criminal Justice at University of South Carolina - Columbia.
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Date Created: 10/26/15
CRJU 313 Study Guide Indictmentsa formal accusation that a person has committed a crime Supreme Court Highest US CourtPrimarily Appellate Federal 9 Justices 1 is in charge They are nominated by the president and elected with majority by senate leave by death resignation retirement or conviction on impeachment Rule of Fourjustices decide what cases are to be heard49 decide they wanna hear it they hear it Adversarial System System based upon two parties prosecution and defense and a judge lnculpatom Evidence lnculpatory evidence is a legal term used to describe evidence that shows or tends to show a person39s involvement in an act or evidence that can establish guilt Exculpatom Evidenceevidence favorable to the defendant in a criminal trial which clears or tends to clear the defendant of guilt Suppressing Evidencethe lawful or unlawful act of preventing evidence from being shown in a trial This could happen for several reasons For example if a judge believes that the evidence in question was obtained illegally he can rule that it not be shown in court It could also refer to a prosecutor improperly or intentionally hiding evidence that he or she is legally obligated to show the defense In the latter case this would be a violation ofthe 5th amendment to the United States Constitution This can result in a mistrial in the latter case andor the dismissal ofthe prosecutor Peremptory ChallengeThe right to challenge a juror without assigning or being required to assign a reason for the challenge Strikes for Causea method of eliminating potential members from a jury panel in the United States Attorneys on either side of a case have infinite potential to strike potential jurors for causal reasons thus the strike for cause is an appealing method for honing down a panel suited to an attorney39s individual interests Parens patriae parent ofthe nationquot In law it refers to the public policy power ofthe state to intervene against an abusive or negligent parent legal guardian or informal caretaker and to act as the parent of any child or individual who is in need of protection For example some children incapacitated individuals and disabled individuals lack parents who are able and willing to render adequate care requiring state intervention Indeterminate Sentencethe prison term imposed after conviction for a crime which does not state a specific period oftime or release date but just a range oftime such as quotfivetoten yearsquot Determinate SentenceA sentence to confinement for a fixed or minimum period that is specified by statute Capital PunishmentThe lawful infliction of death as a punishment the death penalty 52 executions in the US in 2009 Real expensive 275000 Probable Causestandard by which a police officer has the authority to make an arrest to conduct a personal or property search or to obtain a warrant for arrest It is also used to refer to the standard to which a grand jury believes that a crime has been committed4th Amendment Preponderance of EvidencePreponderance of the evidenceis the standard required in most civil cases The standard is met if the proposition is more likely to be true than not true Effectively the standard is satisfied if there is greater than 50 percent chance that the proposition is true Beyond a Reasonable Doubtthe standard of proof required in most criminal cases within an adversarial system Procedural Law v Substantive Law Substantive law defines how the facts in the case will be handled as well as how the crime is to be charged In essence it deals with the quotsubstancequot of the matter Procedural law provides the quotprocessquot that the case will go through whether it goes to trial or not The procedural law determines how a proceeding concerning the enforcement of substantive law will occur 20 Some answer Six Member Jum sMainly used in civil cases correct me if I m wrong It is constitutional for criminal cases though Habeous CorpusBring the body fourth do you have a reason to hold the person you are holding Protects against unlawful detention ImpeachmentWitness impeachment in the law of evidence is the process of calling into question the credibility of an individual who is testifying in a trial Discovemthe pretrial phase in a lawsuit in which each party through the law of civil procedure can obtain evidence from the opposing party by means of discovery devices including requests for answers to interrogatories requests for production of documents requests for admissions and depositions Discovery can be obtained from nonparties using subpoenas When discovery requests are objected to the requesting party may seek the assistance ofthe court by filing a motion to compel discovery Direct Examinationthe first questioning of a witness during a trial or deposition testimony out of court as distinguished from crossexamination by opposing attorneys and redirect examination when the witness is again questioned by the original attorney Civil Lawnot criminal lawsuits between people Defense Misconductappeal process in which you plead there was a big mistake by your defense lawyer Special Interest GroupsMADD example Large powerful lobbyists Pro SeA party to a lawsuit who represents himself Pro BonoCharity work by lawyers volunteer to those who cant afford it Public DefendersFor indigent clients over worked underpaid Venuelegally proper place where a particular case should be filed or handled Venire ListList of potential jurors usually 42 Voidirerefers to the process by which prospective jurors are questioned about their backgrounds and potential biases before being chosen to sit on a jury It also refers to the process by which expert witnesses are questioned about their backgrounds and qualifications in order to potentially give an expert opinion in court testimony No ContestNolo ContendreA guilty plea can not be used as a guilty plea in civil court Courts of Limited 39urisdictionare courts whose power derives from an issuing authority eg Statute Constitution Special jurisdiction courts always must demonstrate that they are authorized to exertjurisdiction under their issuing authority Intermediate Appellate courtsmust hear all appeals you have right to one appeal these are almost always final Not all states have these some appeals go straight to the Supreme Court They review the decisions of the trial court Sometimes they39re called state court of appeals Amendments 4th Search and Seizure Sst Right to remain silent 6th Right to speedy trial 8th Cruel and Unusual punishment
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