Gov Ch.16 Vocab: The Criminal Justice System

Misdemeanor – a minor crime, typically punishable by a fine or no more than one year in prison

Felony – a serious crime that is usually punishable by more than one year in prison

Grand jury –  a group of citizens who examine the evidence in a serious criminal case to decide whether a person accused of a crime should be indicted, or charged

Indictment – a formal accusation of criminal behavior handed down by a grand jury; this means that the accused person will be brought to trial

Arraignment – the stage in the criminal process when a person accused of a crime is informed of the charges and allowed to enter a plea of “guilty” or “not guilty”

Plea bargain – an agreement whereby a defendant pleads guilty in return for a lesser charge or reduced sentence

Restitution – a repayment by an offender to a victim for losses, damages, or injuries resulting from a crime

Incarceration – imprisonment in a jail, prison, or other correctional facility as punishment for a crime

Acquittal –  a trial verdict of “not guilty”

Parole – an early release from prison based on good behavior

Gov Ch.15 Vocab: Courts, Judges, and the Law

Criminal law –  the branch of law that regulates the conduct of individuals, defines crimes, and provides punishments for criminal acts

Civil law –  the branch of law that concerns relationships between private parties

Burden of proof – the obligation in a legal case to prove allegations by presenting strong supporting evidence; in a criminal case this burden rests on the prosecution and in a civil case it rests on the plaintiff

Defendant – the person or party in a criminal trial who is charged with committing a crime, or the person or party being sued in a civil case

Prosecution – the attorneys representing the government and the people in a criminal case

Plaintiff – the person or party who brings a lawsuit, or legal action, against another party in a civil case

Writ of certiorari – an order from the Supreme Court to a lower court to provide the records of a case the Court has decided to review

Legal brief – a written document drawn up by an attorney that presents the facts and points of law in a client’s case

Affirmative action – the practice of making special efforts to admit, recruit, or hire members of disadvantaged groups

The Crime: Chapter 16.2 Notes

1. What elements categorize certain behaviors as a crime?

The act must be wrongful and do harm to other individuals or society. They must be carried out with intent.

2. What is the difference between a misdemeanor and a felony? What determines whether a crime is classified as one or the other?

A misdemeanor is a criminal offense less serious than a felony, depending on the circumstances and effects, punishable by fines or short jail sentences. 

3. What does the constitutional protection of due process mean? What is the difference between procedural and substantive due process?

The government can not act unfairly, arbitrarily, or unreasonably in the treatment of criminal suspects. Presidual means law enforcement. Substantive relates to the substance of the law rather than the way it’s enforced.

4. Do you think juveniles should be tried as adults in the justice system? Why or why not?

I think we are asking the wrong question. In the system that we have now, punishing juveniles like we do adults is inhumane, because our treatment in general is. Age is not the issue here. So in the current justice system, we must focus on juvenile rehabilitation, not punishment. But we will never fix the issue’s root unless we change this for all inmates. We should not be in the business of punishment, but repair and help. Our current barbaric outdated response is the true crime against humanity.

The Judicial Branch-Article III

1. Federal Court:
   • Supreme Court – the highest court in the nation
   •  *Judges:
     • 9 today; when the Court began there were only 5
     • in office for life
   • Lesser Courts
2. Authority = Jurisdiction – the types of cases that courts can hear
   1. Cases involving the Constitution, federal laws, treaties, and state disagreements.
   2. Judicial review – judging whether a law is constitutional. If it does not agree with the Constitution, it is thrown out.
   3. Jurisdiction of the Supreme Court
      1. original jurisdiction – the first court to hear the case: ONLY
         • Ambassadors
         • Disagreements between states
      2. appellate jurisdiction-cases appealed from a lower court (most cases the Supreme Court hears)
   4. Trail by jury – everyone is guaranteed a trial by jury – 12 ordinary people people who decide guilt or innocence at a trial
3. Treason – means rebelling against the gov’t with violence or helping the enemies of the U.S.
   • Conviction only with 2 witnesses or confession in open court
   • Punishment: only for the convicted person, not for his children

Chapter 15 study guide: The Guide: The Courts

1. What is the difference between criminal law and civil law?

Criminal law: Laws passed to protect the welfare of society and to provide punishment for those who fail to comply.

Civil law: Laws that govern conflicts between private parties, and sometimes a private party and the gov’t.

2. Who are the different players in the courtroom and what jobs do they play?

Judge

Reporter 

Clerk

Bailiff

Witness

3. What are the 2 important roles that citizens play?

Witness and juror

4. What is the job of the juror?

To work with the other jurors to decide guilt or innocence.

5. Define the dual court system:

State Courts and Federal Courts

6. What cases get heard in Senate Courts?

traffic violations, divorce, child custody disputes, injury lawsuits, etc…

7. What cases get heard in Federal Courts?

Taxes, copyright issues, bankruptcy matters, disputes between states, etc…

8. What cases get heard in both courts?

Environmental regulations, constitution

Organization of the Executive Branch

	Function	Examples
The President	Leader of the executive branch	N/A
White House Staff	Provide the president with guidance and advice	The Chief of Staff decides who sees the president Personal lawyer of the President
Executive Office of the President EOP	Support staff to the president, perform a variety of specialized tasks	Office of Management for budget Council of Economic Advisers National Security
Executive Departments	Carry out the work of the government in broad areas of public policy such as agriculture commerce and labor	DOJ, Justice Department, Treasury, Homeland Security
Independent Agencies	Help implement federal policy	NASA, CIA, FCC

The Presidential Power Expands, 13.3

1. List the sole powers of the president:
   Act as commander in chief of the armed forces
   Commission military officers
   Grant reprieves and pardons for most federal offenses
   Call Congress into a special session
   Receive foreign ambassadors.
   Ensure that laws of Congress are faithfully executed.
   Exercise executive power
   Appoint officials to executive office.
2. What powers does the president share with the Senate and Congress as a whole?
   Make treaties.
   Appoint ambassadors, judges, and high officials.
3. What did the following presidents expand presidential power?

a. George Washington:

Established the tradition of the president being the commander-in-chief of the armed forces and
having the power to issue executive orders.

b. Andrew Jackson:

Used veto power extensively and aggressively, expanding the power of the presidency and
challenging the authority of Congress.
c. Abe Lincoln:

Took broad actions during the Civil War, including suspending the writ of habeas corpus and
issuing the Emancipation Proclamation, which expanded the power of the presidency.

d. Teddy Roosevelt:

Advocated for a strong executive branch and believed that the president should take an active role
in shaping public policy, leading him to use executive orders and regulations to expand presidential
power.

e. FDR:

Expanded the power of the presidency during the Great Depression and World War II, using
executive orders, creating new agencies and programs, and advocating for a more active
government role in economic and social policy.

What powers does the president have to check the other branches?

a. Approving or vetoing legislation

The President can use their veto power to block legislation passed by Congress, which serves as a
check on the legislative branch.

b. Nominating judges to the Supreme Court

The President has the power to nominate judges to the Supreme Court, subject to confirmation by
the Senate. This allows the President to influence the judicial branch.

c. Invoking executive privileges

The President can invoke executive privileges to withhold certain information from the other
branches, particularly from Congress and the judicial branch. This can be used to check the power
of the legislative and judicial branches.

The President: A man with many Hats

Chief Executive
An executive is a manager. As the nation’s chief executive, the president is responsible for enforcing laws
passed by Congress and rulings handed down by the Supreme Court. He manages the government’s
executive branch, appointing Cabinet members, Supreme Court justices, and other Federal officials (with
the approval of the Senate). The president also appoints people to fill many lower-level executive branch
jobs
Commander in Chief
Makes the president leader of the U.S. armed forces. Commander of the U.S. Army, Navy, Air Force, and
Coast Guard. Can send U.S. troops into action overseas.
Chief Diplomat
Talks wella dn can help settle disputes and disagreements. Responsible for deciding foreign policy. Plans
for how the U.S. will act toward other nations. Makes treaties. Appoints ambassadors. Meets with foreign
leaders and proposes military or financial aid to other countries.
Head of State
A living symbol of the nation. Sets an example for the American people.
Chief legislator
Signs laws, Veto’s bills. Speaks on matters of national importance. Delivers State of the Union address.
Economic Chief
Plans the Federal budget, proposes tax cuts or hikes and suggests spending. Deals with issues like
unemployment and trade.
Chief of Party
Leader of their political party. Appoints people from his team into cabinet positions.

Gov Ch.13 Vocab: Chief Executives and Bureaucracies

Cabinet –  the heads of the executive departments of the federal government

Reprieve – postponement of punishment for a crime

Pardon – a decree that frees a person from punishment for a crime

Executive order – a rule or regulation issued by a president or governor that has the force of law

Bureaucracy – a large, complex organization that functions under uniform rules and procedures

Pocket veto – the automatic killing of a bill by refusing to either sign it or veto it; this can occur only in the final days of a congressional session

Administration – the president, along with his or her personal staff and advisers; also, a president’s time in office

Whistle-blower – an employee or former employee who exposes wrongdoing within an organization in the hope of stopping it

Line of succession – the order of successors to the presidency if the president is unable to serve as specified in the Constitution and federal law

Amnesty – a general pardon usually granted to a group of peopleMartial law – military rule established over a civilian population during a time of emergency

Legislators and Their Constituents: Chapter 11.2

• List 2 formal and two informal qualifications for a member of Congress today. Do you think the informal qualifications for education and occupation help make an effective legislator? Why or why not?

House of Reps: 

Formal – Must be at least 25 years old. Must be a U.S. citizen for 7 years.

Informal – A college education. A previous profession in law or business.

Senate:

Formal – Must be at least 30 years old. Must be a U.S. citizen for 9 years.

Informal – A college education. A previous profession in law or business.

• Explain the difference between a delegate and a trustee. Which do you think makes a more effective legislator, and why?

A delegate represents their district by responding directly to the wishes and needs of their constituents.

A trustee by exercising their best judgment and assumes their constituents trust them to do the right thing.

I prefer delegates because with them the people are actively exercising their democratic rights.

• Show the percentage of incumbents who have been reelected in the House and Senate since 1945.

90% of the house

80% in the senate