A body of principles that establishes the structure of a government for a nation or a state. Constitution. A court's decision that terminates a trial and postpones it to a later date; commonly entered when evidence has been of a highly prejudicial character or when a juror has been guilty of juror misconduct. mistrial.
Start studying wcc chapter 5 part 1. Learn vocabulary, terms, and more with flashcards, games, and other study tools.
Terms in this set (50) The occupational system includes businesses and corporations that carry out business activity as part of the capitalist system. White-collar crime is found in all levels. False (Corporate System) Archival research on white-collar crime can provide insight into the culture at a given time. False.
Romeo's house has caught fire, and he is trapped inside. The neighbors called 911. Two firefighters and one of the neighbors (an accountant) entered the house in an attempt to save Romeo. Another neighbor tore away the screening around Romeo's porch …
Plea bargaining encourages crime and rewards criminals. Plea bargaining robs the victims and the community of its day in court. Plea bargaining increases the public's confidence and satisfaction with the court processes. pleas bargaining is in plain view of all courtroom observers.
Bail bondspersons are nonprofit employees of the state. Defendants retain a constitutional right to be released on bail. Bail discriminates against the less affluent members of society. American jails typically hold this amount of people on any one day. 600,000.
Pennsylvania officials calculated that it costs the state more than $32,000 per year for each offender on probation. Today, less than one million offenders are on probation. Pennsylvania officials calculated that it costs the state less than $3,000 per year for each offender in prison.
Samantha works as a parole officer in San Jose, California. She likes her job but is stressed because she currently supervises 73 parolees. One of the parolees, Susan, is a decent person who, in Samantha's view, has had some bad breaks. Susan is doing very well on parole.
Bail discriminates against the less affluent members of society. Bail bondspersons cannot deny bail to defendants if they can pay at least 10 percent of the entire bail amount. Police officers are never allowed to influence the bail decision. Bail bondspersons are nonprofit employees of the state.
selection of jury. decision by the jury. A legal petition requesting that a judge examine whether an individual is being properly detained in jail, prison, or mental hospitals is called a (n): writ of certiorari.
Juveniles have all of the due process rights guaranteed to adults. Juveniles have all of the due process rights guaranteed to adults plus additional due process rights. Juveniles have only some of the due process rights guaranteed to adults. Juveniles have only one due process right, the right to a trial by jury.
Related Legal Terms and Issues 1 Conviction – An official declaration of someone’s guilt in a criminal case, made by either a jury verdict or a judge’s decision. 2 Defendant – A party against whom a lawsuit has been filed in civil court, or who has been accused of, or charged with, a crime or offense. 3 Due Process – The fundamental, constitutional right to fair legal proceedings in which all parties will be given notice of the proceedings, and have an opportunity to be heard. 4 Exculpatory Evidence – Evidence in a criminal trial that proves a defendant’s innocence. 5 Remand – To send a case back down to the lower court from which it was appealed with instructions for the lower court as to how to proceed with the case. 6 Writ of Certiorari – An order issued by a higher court demanding a lower court forward all records of a specific case for review.
Prosecutors are responsible for determining who should be held accountable when a crime is committed. An example of prosecutorial misconduct might occur if a prosecutor failed to turn evidence, which would prove the defendant’s innocence, to the defense attorney, choosing instead to convict the defendant and win the case.
Prosecutors are bound by law to turn over any evidence to the defense that shows that either their defendant is not guilty, or that he deserves a lesser punishment. This type of evidence is referred to as “Brady material,” after the case Brady v. Maryland. In this example of prosecutorial misconduct, the Supreme Court ruled that the prosecutors are required by the Constitution to turn over such evidence.
There are certain types of arguments that are prohibited from being used in opening or closing statements. Types of prosecutorial misconduct that involve improper argument include mentioning facts that have not already been presented, misstating the law, and criticizing the defendant for exercising his Fifth Amendment right not to testify.
Prosecutorial discretion is all about practicing good judgment while considering many different factors. Such factors include limited governmental resources, the balancing of governmental priorities, and the consideration of the rights and privileges of civilians.
When a suspect is found guilty of a crime after a prosecutor has presented falsified evidence, or engaged in other misconduct, the defendant may have the verdict overturned by the appellate court. While, in cases of mistake, the appellate court may order a new trial, in the case of prosecution misconduct, the verdict may be overturned, ...
Prosecutorial misconduct that involved the withholding of evidence occurred in the landmark case of Brady v. Maryland. In this case, the state of Maryland had convicted John Leo Brady and his friend, Donald Boblit, of a murder that took place during a robbery. Brady had admitted that he was involved with the murder, but he claimed that Boblit was the one responsible for actually doing the killing.