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Courts of General Jurisdiction

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Major trial courts that have regular, unlimited jurisdiction over all cases and controversies involving civil and criminal law

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Justice of the peace

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Originally a judicial officer, normally not learned in the law, assigned to investigate and try minor cases. Presently a judge of a lower local or municipal court with limited jurisdiction

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Courts of limited jurisdiction

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Courts (with a justice of the peace, magistrate, or judge presiding) that handle minor criminal cases, less serious civil suits, traffic and parking violations, and health law violations

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Courts of special jurisdiction

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Courts that specialize in certain areas of law: family courts, juvenile courts, and probate courts (transfer of property and money of deceased)

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Appellate court

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Court with the power to review the judgement of a trial court, examining errors of law

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State supreme court

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state court of last resort (except in certain jurisdictions, where the supreme court is a trial court of unlimited jurisdiction

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Federal courts

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courts of the federal system applying federal law, with power to test the constitutionality of state law and adjudicate controversies arising between residents of two or more states

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District courts

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Trial courts in the federal and in some state systems

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Circuit court of appeals

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Federal appellate courts with the power to review judgments of federal district courts.

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US supreme court

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Federal court that has ultimate authority in interpreting the constitution as it applies to federal and state law; the final authority in interpreting federal law

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Writ of certiorari

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Document issued by a higher court directing a lower court to prepare the record of a case and send it to the higher court for review

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Habeas Corpus

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writ requesting that a person or institution detaining a named prisoner bring him or her before a judicial officer and give reasons for the detention

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US attorney

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attorney and government official who prosecutes cases at the federal level

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US attorney general

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Highest-ranking official in the US department of justice

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State attorney general

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Chief legal officer of the state; state counterpart to the US attorney general

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Defense attorney (criminal)

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Lawyer retained by an individual accused of committing a crime or assigned by the court if the individual is unable to pay

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Assigned counseled system

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Judge appoints a private lawyer selected from a list of attorneys to represent indigent defendants in criminal proceedings

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Judge

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public officer lawfully instituted (by appointment or electron) to decide litigated questions according to law, presiding in a court of law

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Court Administrator

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chief administrative officer of the court, usually appointed by the state court of last resort, the chief justice of the court of last resort, or a judicial council

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Court officers and marshals

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Persons who provide courtroom security and maintain order

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Bailiff

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officer of the court who administers formal procedures, keeps order, announces a judge's arrival, and administers oaths

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Diversion

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Removal of the defendant from the normal path of the criminal justice process to an alternative path (for example a treatments program)

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Bail

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Security given to ensure the reappearance of a defendant, in order to obtain his or her release from imprisonment

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Bail bond agent

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private business operators, paid by the defendant, who post the amount required by the court to secure the release of the defendant

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ROR (release on recognizance)

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Release of a defendant on his or her promise to return to court as required

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Preventative detention

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pretrial incarceration of an accused deemed dangerous

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information

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accusation against a criminal defendant prepared by a prosecuting attorney

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indictment

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accusation against a criminal defendant rendered by a grand jury on the basis of evidence constituting a prima facie case

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Plea

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response to a criminal charge. Traditional please are guilty, not guilty, nolo contendere, and not guilty by reason of insanity

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Arraignment

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first stage of the trial process, at which the indictment of information is read in open court and the defendant is requested to respond thereto

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Nolo Contendere

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defendant pleads no contest (admits criminal liability for purposes of this proceeding only)

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Plea Bargaining

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agreement made between defense and prosecution for certain leniencies in return for a guilty plea

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Trials Jury

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body of persons legally selected and sworn to inquire into any matter of fact and to give their verdict according to the evidence

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Voir Dire

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process in which lawyers and a judge question potential jurors to select those who are acceptable

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Peremptory challenges

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challenges (limited in number) by which a potential juror may be dismissed by either the prosecution or the defense without assignment of reason.

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Challenge for cause

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Challenge to remove a potential juror because of his or her inability to render a fair and impartial decision in a case

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motion

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Oral or written request to a judge, asking the court to make a specified ruling finding, decision, or order; may be presented at any appropriate moment from arrest until the end of the trial

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Acquittal

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judicial finding or jury verdict finding the defendant not guilty of the crime charged

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Burden of proof

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in criminal cases, the legal obligation of the prosecution to prove the charges against the defendant beyond a reasonable doubt

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Retribution

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"Eye for an eye" philosophy of justice, now known as just desserts

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Just desserts

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philosophy of justice that asserts that the punishment should fit the crime and the culpability of the offender

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Deterrence (General and Specific)

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theory of punishment that holds that potential offenders will refrain from committing crimes for fear of punishment (sometimes called general prevention)

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incapacitation

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preventing persons from committing crime by physical restraint, for example, incarceration

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Split sentence

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sentence that requires the convicted criminal to serve a time in jail followed by probation

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Restitution

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sanction that requires an offender to cover the cost of victim's losses

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Community Service

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sanction that requires an offender to spend a period of time performing public service work

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Presentence Investigation report

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report prepared by the probation department for a judge; contains information about the offense, the offender, and the history of prior offenses and may include a recommendation of a sentence

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Restorative justice

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model of justice, as opposed to retributive justice, aiming at the offender's contribution to offset the harm done, including reconciliation with victims

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Indeterminate sentence

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sentence for which the legislature allows the judge to impose a minimum and /or a maximum term, the actual length of service depending on the discretion of corrections officials

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sentence

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indeterminate, determinate, mandatory

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sentencing guidelines

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system for the judicial determination of a relatively firm sentence based on specific aggravating or mitigating circumstances

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Public defender system

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public or nonprofit organizations (with staff) provide defense services to indigent defendants

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Contract system

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private attorneys from law firms or local bar associations provide defense services to indigent defendants

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selective incapacitation

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targeting of high-risk and recidivistic offenders for rigorous prosecution and incarceration

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rehabilitation

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reformation of an offender through interventions such as educational and vocational programs and psychotherapy

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incarceration

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sanction that require a defendant to serve a term in a local jail, state prison, or federal prison

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determinate sentence

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sentence to prison that has a fixed term; also called a flat sentence

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mandatory sentence

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sentence prescribed by the legislature, which a judge has no choice but to impose

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