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Flashcards: Courts & Criminal Process Part 3.
Petition
charging document.
Entrapment
defense of being unlawfully induced by police to commit the crime.
Adversarial model of justice
all cases are viewed as serious and routinely overcharged, usually leading to trial.
Discretionary appellate jurisdiction
Appellate court may accept of reject appeals.
Plea on the nose
pleading to the original charge.
Venue
place (usually county) where case will be tried.
Gregg v. Georgia
U.S Supreme Court case validating controlled discretion capital punishment; statutes.
Master jury list
Large list of potential jurors, some of whom will be summoned.
Bench trial
trial before a judge without a jury.
Real evidence
physical objects.
Immaterial
inadmissible evidence because it is not related to an issue at trial.
Trial courts
courts that hear evidence and hold trials.
Type II Offenses
second category of UCR crimes involving lesser crimes.
Arrest
taking a person accused of a crime into custody.
Prosecutors
attorneys representing the government in a criminal case.
Vertical prosecution
prosecutors are assigned to specific court functions.
New judicial federalism
state constitutions used as tools to expand individual rights.
Missouri Bar Plan
appointment followed by service followed by retention election.
Change of venue
changing place where case is tried to overcome local publicity.
Cruel and unusual punishment
Eighth Amendment limit on punishments.
Transactional immunity
prosecutor agrees not to prosecute witnesses for crimes admitted in exchange for testimony.
Warren Court
Supreme Court under Chief Justice Earl Warren, 1953-1969.
Due process model
justice philosophy based on rehabilitation.
Gag order
judicial order prohibiting persons involved in case from giving information to the
Writ of certiorari
issued by appellate courts to obtain and review the proceedings of a lower court.
Pre-sentence investigation
report written by probation officer to aid judge in sentencing.
Just deserts
theory that offenders deserve to be punished.
Use immunity
the government may not use witness testimony against a witness, but still may prosecute based on independent evidence.
Pro se
Latin for "on his or her own behalf," referring to the right to self-representation.
Discovery
pretrial proceedings allowing for the exchange of information.