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American Judicial System exam 2 Study online at quizlet.com/_5dy4wz 1.

6 Principles of Problemsolving justice

-enhanced information -community engagement -collaboration -individualized justice -accountability -outcomes

2.

Adult court

-Defendant -Arrest -Plea (G/NG/NC) -complaint/ indictment -Convict or convicted -D.O.C. -Punish

3.

adversarial

antagonistic, competitive

4.

Appeals

-can only happen if there is an error of law by the judge

5.

Argensinger

-Powell applies to misdemeanor -loss of liberty

6.

7.

assigned counsel programs

A method of providing counsel for indigent defendants. Private attorneys are appointed on a case-by-case basis

assistant prosecuting attorney

-work in the trenches -go to court -interview witnesses -oversee investigations -negotiate with defense attorneys

8.

Betts

-Gideon overruled this -only for extreme cases

9.

Blair and Gilmore

censured prosecuting attorneys in the Tim Masters case

10.

Brady v Maryland

-mandates the disclosure of anything to the benefit of the defense, exculpatory evidence if it is considered material -"Brady Rule" -Aimed at prosecutors -Affirmative

11.

case outcomes

main focus of the problem-solving courts

12.

charging decisions

-seriousness and nature of the offense -offender culpability -likelihood of a conviction

13.

chief prosecutor

-elected -set policy

14.

community court

-focuses on the partnerships with community agencies and problem solving

15.

community prosecution

partnership among the prosecutor's office, law enforcement, and the community, in which the authority and power possessed by the prosecutor's office are used to identify and solve problems, enhance public safety, and improve the quality of life in the community

16.

contract attorney programs

programs in which private attorneys, firms, or local bar associations provide legal representation to indigent defendants for a specific period contracted with the county

17.

coordinated assigned counsel

System under which attorneys apply to be included on a list of counsel to be appointed on an as-needed, rotational basis. As with the ad hoc appointment method, attorneys are paid on an hourly or per-case basis

18.

courtappointed counsel

A defense attorney designated by the court to represent a defendant who does not have the funds to retain an attorney.

19.

court dismisses charges against the defendant

most common result if a prosecutor deliberately fails to disclose required evidence

20.

defense attorney responsibilities

table on page 214

21.

disclosure of evidence

When law enforcement officers and investigators from the prosecutors' office obtain significant amounts of evidence concerning suspects and criminal event, it must be shared with the defense

22.

Domestic Violence Courts

-courts created to improve the handling of domestic situations -focuses on the safety of the victim

23.

drug treatment court

-specializes in drug cases and focuses on getting them rehabilitated

24.

Eddie Joe Lloyd

-exonerated through DNA after being inadequately represented

25.

effective councel

-did the attorney perform efficiently -did a deficient performance prejudice the defendant?

26.

elected chief prosecutor

doesn't make court appearances

27.

Ethical conduct

core of the prosecutor's role in the criminal justice system

28.

examples of prosecutorial misconduct

-courtroom misconduct -mishandling of physical evidence -failing to disclose exculpatory evidence -threatening, badgering or tampering with a witness -using false or misleading evidence -harassing, displaying bias toward, or having a vendetta against the defendant or defendant's counsel -improper behavior during grand jury proceedings

29.

exculpatory evidence

evidence that is favorable to the defendant

30.

fixed-feeper-case contract

system under which the contract entered into by the attorney or law firm and the local government entity agrees to a specific number of cases to be handled for a fixed fee per case

31.

fixed-price contract program

program in which a contracting lawyer or law firm agrees to accept an unknown number of cases within the contract period, normally 1 year, for a single flat fee

32.

Gideon

-State level at state expense -impact is more widespread -felonies

33.

going rate

the typical sentence for the crime a perp is charged with

34.

homeless court

a specialized court that focuses on legal problems common to those who are homeless. For example, the court may help homeless individuals pay fines and resolve outstanding infractions and misdemeanor offenses.

horizontal prosecution

-assistant prosecutor assigned to a specific step in the process -multiple different prosecutors to handle each step of the process

36.

How to chose which cases to prosecute

1) seriousness of the offense 2) offender's culpability 3) likelihood of a conviction

37.

Impeachment evidence

evidence that calls into question the credibility of a witness

38.

ineffective counsel

-Attorney deficient in his or her performance, resulting in prejudice to the defendant so serious as to bring the outcome of the proceeding into question -argued by the defendant

39.

In loco parentis

in place of the parents

35.

40.

Interlocutory Appeals

-If the prosecutor believes there is an error of law that doesn't allow them to configure -between conviction to sentencing (posttrial motions)

41.

Juvenile court

-respondents -detain/bring into custody -admit/deny allegations -petition in delinquency -delinquent (adjudicated) -Youth detention/treatment facility -rehabilitation

42.

Juvi court

-courts specialized to deal with juvenile cases -quasi-civil court

43.

mediation

intervention in a dispute in order to resolve it; arbitration.

44.

Mental Health Courts

a diversion program for mentally ill defendants in which a judge, prosecutor, and probation officer play proactive roles and monitor the progress of clients through weekly visits to a courtroom

45.

mixed model prosecution

primarily using horizontal prosecution but using vertical in murder or sexual assault by specialized units

46.

motion of discovery

-defense can ask the prosecution to explore specific areas of the case

47.

nonprosecutorial duties

-juvi and dependency matters -child support enforcement -victim assistance -civil asset forfeitures

48.

parens patriae

A legal doctrine that gives the state the authority to act in a child's best interest.

49.

plea bargain

pleading guilty to a charge for a lesser ssentence

50.

plea bargain acceptance

decision can not be made by the defense attorney

51.

possible impeachment evidence

- false reports by a prosecutorial witness -pending criminal charges against a prosecution witness -parole or probation status of the witness -evidence contradicting a prosecution witness' statements or reports -evidence undermining a prosecution witness' expertise -A finding of misconduct that reflects on the witness' truthfulness, bias, or moral turpitude -evidence that a witness has a reputation for untruthfulness -evidence that a witness has a racial, religious or personal bias against the defendant individually or as a member of a group -promises, offers or inducements to the witnesses, including a grant of immunity - an employee presently under suspension

52.

Powell v Alabama

-powell was the first that was federal for providing an attorney

53.

Pro se

choosing to represent oneself

54.

prosecutor contradictions

-near limitless discretion, high ethical standards -publicly elected, most work is done in private -duty to seek justice, operate in an adversarial system

55.

prosecutorial duties

-see table on page 166

56.

prosecutorial misconduct

breeches of prosecutor's ethical duties

57.

Public defender program

Colorado indigent defense system

58.

public defender program

public or nonprofit institution designated to provide representation to indigent defendants in criminal cases

59.

Quasi-civil

some but not all qualities of a criminal court

60.

reentry courts

courts that supervise ex-offenders' return to the community and their adjustment to life after incarceration

61.

restorative justice

-punishment designed to repair the damage done to the victim and community by an offender's criminal act -harm and repair

62.

retained attorneys

attorneys selected and paid by the defendant

63.

sixth amendment

constitutional right to the assistance of counsel for the accused is found in the...

64.

specialized court

limited jurisdiction courts that focus on certain crime problems such as drugs, domestic violence, and offenders with mental health issues aka problem-solving courts

65.

specialty court purpose

-efficiency -handles things normal courts don't -faster process -better for the defendant -focuses on rehabilitation -expertise

66.

Strickland

-inadequate representation

67.

Summary judgment

-if at any point pre-trial or during trial -If there is evidence that there is no question of the facts, they can say there's no need to hear the judge -"undisputed facts"

68.

transforming juvenile delinquents into productive citizens

primary goal of juvenile courts

69.

vertical prosecution

-one person handles the whole case

70.

very distrustful

how most defendants typically view their attorney

71.

veterans treatment court

a specialized court devoted to military veterans who have run afoul of the criminal justice system.

72.

waiver of juveniles to criminal court

when juveniles are moved to criminal court

73.

Zerbst

-Expanded Powell to federal...