DSST Criminal Justice

Major trial courts in us are courts of general

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Major trial courts in US are courts of general jurisdiction, can try and decide cases, including appeals c. Appellant courts review judgments, may uphold judgment (known as Reaffirm) or require the lower court to modify it c.i. Courts with Appellant jurisdiction cannot try criminal cases but only hear appeals c.ii. Often divided into two or more tiers c.ii.1. Intermediate courts of appeals to help relieve the burden of high courts c.iii. Called the “Court of last Resort”, each state may have a different name, court of appeals, supreme court of appeals, or supreme court…. Know this 65. Trial Courts – where most civil and criminal cases begin, have power to hear civil or criminal case, include: probate courts, family courts, district courts, county courts, superior courts and city/town courts a. Two types a.i. Trial Courts a.ii. Appellate Courts – include Court of Appeals and a Supreme Court 66. Prosecutor (Attorney employment by the government) – usually the first legally trained individual to examine the facts of a criminal charge and determine whether to charge the suspect with crime a. Professional reputation is usually measured by the number of convictions he or she secures while in office 67. Plea Bargain – majority of cases are resolved by plea bargain…. know what percent of cases plea bargain and why a. Avoid expensive court trials b. Avoid uncertainty of jury trial b.i. In most cases defendant agrees to plead guilty for lesser charge and reduced sentence b.ii. High case loads and limited resources force prosecutors to dispense with much of their caseload through plea bargaining 68. Deferred prosecution, plea bargain and case dismissal are all reasons why only a small percentage or reported crimes lead to trial a. Only about 10% of all reported criminal cases go to trial 69. Sporting Theory of Justice – coined by Dean Wigmore a. Describes the legal contest matching the rhetorical and legal skills of two lawyers with the judge as referee
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70. Probable cause – the amount of proof necessary for a reasonable intelligent person to believe that an accused person has committed a crime a. In order to go to trial probable cause must e established by the prosecution in the pretrial hearings and reports 71. 6 th Amendment – right to a speedy trial, protect from indefinite incarceration prior to trial 72. Bail – circumstance where the suspects are released from custody but on a condition that money or property is offered that the defendant will appear… know this a. 8 th Amendment – forbids excessive bail , excessive fines and cruel and unusual punishment… know this b. Bail is used by the court to ensure the accused is present at trial 73. Recognizance – the court excepts the defendants word that they will return for the criminal justice process without bail a. The judge believes the defendant has nothing to gain and a reputation to lose by running 74. Arraignment – defendants are arraigned in their first court appearance in criminal cases and here the indictment read to them they are asked to enter a plea of : a. Guilty – 90% of all defendants plead guilty at the arraignment
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Major trial courts in US are courts of general jurisdiction...

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