Reading Assignment 2: Criminal Justice System - Key Terms & Questions

This homework assignment, titled "Reading Assignment 2," focuses on the organization of the criminal justice system. The student provides definitions for 60 key terms, including "cruel and unusual punishments," "death penalty," "defense attorney," "federalism," "grand jury," "indictment," "probation," and "U.S. Code," among others. The assignment also includes answers to ten short questions regarding the impact of federalism, the roles of law enforcement agencies, the functions of trial and appellate courts, the role of the grand jury, prosecutorial discretion, the rights of the accused, sentencing, and the military justice system. The student's responses demonstrate an understanding of the core concepts and terminology within the American criminal justice system, referencing relevant legal concepts and procedures. The assignment references several sources to support the answers.

Running head: QUESTIONS 0
READING ASSIGNMENT 2
FEBRUARY 11, 2020
STUDENT DETAILS

QUESTIONS 1
Very short Answers -
1. Cruel and unusual punishments- it involves torture, purposefully
humiliating punishment and severe punishment for the crime committed.
2. Death penalty –it is government-sanctioned approach in which the individual is put
to death by a state as the punishment for offence.
3. Defense attorney – In the criminal justice, the defence attorney serves as the guide of
respondent as well as protector.
4. Defense of Justice – the objective of defense of justice was intended to secure civil right
activist as well as their family.
5. En banc hearing – en banc hearing is considered as hearing where the cases are heard in
front of the magistrates of the court rather than by penal of magistrates chosen for them.
6. Enumerated powers - These powers are considered as powers granted to Congress by
the Constitution of USA.
7. Federal Bureau of Investigation – It is considered as top federal agency to investigate
cyber-attack by offenders as well as overseas opponents.
8. Federalism – It is composite mode of government that combines common government
with local government in the particular political system.
9. Grand jury - It has significant part to play in a criminal procedure, but not one that
includes finding of guiltiness or punishment of the contracting person.
10. Implied exception – the implied contract exception is considered as exception obtainable
in at will-employment.
11. Implied powers – These are considered as political powers granted to the government of
USA that are not clearly presented in the Constitution.
12. incarceration – Incarceration is considered as action of placing a person in jail or in a
place utilised as the prison
13. Independent counsel - The Independent Counsel is known as independent prosecutor.
He rendered report to USA Congress as per 28 U.S.C. § 595.
14. Indictment – it is a formal charge of severe offence.
15. Indigent defendants – It renders service to the defendant who may not get legal advice
himself.
16. Intermediate appellate courts – it is aappeals court, which is not a court of previous
resort in the authority.
17. Jurisdiction – it is considered as official power to take judicial decision.

QUESTIONS 2
18. Jury – the jurors who are assembled to render impartial verdict formally submitted to
them by court, or to take decision about penalties.
19. Juvenile court – it is tribunal who has specific power to pass judgement for crime
committed by teen-ager or children.
20. Juvenile delinquency – it is violation of laws made by juvenile. It is not indictable by
life imprisonment or death penalty.
21. Legislative intent – It is a practice followed by lawyer, court official as well as
magistrates to determine objectives of legislator while passing bills.
22. Legislature – it is considered as governmental body of state or nation.
23. Monetary fines – it is considered as criminal sanction. It is also called penalty.
24. No bill – it is a representation of grand jury that inadequate evidence exists for accusation
on criminal charges.
25. Nolle prosequi – it is considered as formal notice of rejection by the accuser or
prosecuting attorney of whole or partial suit.
26. Order maintenance – It is police role to define or regulate fairer utilisation of public
space.
27. Parens patriae – it is considered as public policy authority of a state to interpose against
neglectful parents or legal custodian
28. Penitentiary – it is a prison for the offenders who made severe crime.
29. Petit (trial) jury – it takes decision whether the offender made an offence as charged in
the criminal matters.
30. Plain meaning rule – it is a rule in statue while the language is clear-cut.
31. Plea bargaining - It is considered as negotiation in which the offender begs guilty to the
less charges.
32. Police departments – they are authorized by the state for enforcing the laws.
33. Probation – it is release of criminal from imprisonment.
34. prosecutor - the prosecutor is public official, who makes legal proceeding in against of
somebody
35. Prosecutor's information – it is specific accusatory instrument that develops from the
earlier charge.
36. Public defender – the public defender is an advocate appointed to represent the
individuals who otherwise may not sensibly afford to employ the advocate.

QUESTIONS 3
37. Rules of procedure – it needs a Chairman to interject proceeding for hearing a point of
orders as well as rule directly on this.
38. Rules of statutory interpretation - it is considered as action of the court in making try
to know and explain connotation of piece of law.
39. session laws – the laws that are passed during a particular legislative session
40. Sheriff - Sheriff imposes order of court or can perform duty like eviction.
41. Special agents – they are detectives for state government or central government, who
mainly serve investigatory position.
42. Speedy and public trial – it is a right of accused that serve interest of defendant as well
as societies similarly.
43. State Supreme Court – It is highest court in a hierarchy of court in different judicial
authorities.
44. State's attorneys – the state’s attorney is lawyer stating the state’s interest in the judicial
proceeding (Reinisch, 2016).
45. Status offenses – it is action, which is prohibited only to the definite class of individuals.
46. Statute – it is considered as written law that is enacted by legal authority.
47. Sworn officers – the people who have accountability to make sure life’ quality and
security of the groups they serve.
48. Trial courts – the cases start in these courts (Ghate, 2017).
49. True bill – it is platform that permits the user to search, trace as well as handle the
subscription service and recurring bills.
50. U.S. Code - codification by subject matter of common as well as perpetual law of USA
51. Uniform Code of Military Justice (UCMJ) - It describes military justice system. It also
makes list of criminal offense as per military law.
52. United States Attorneys – they are Cchief prosecutors for USA in the matters of
criminal law.
53. United States Code Annotated (U.S.C.A.) – It contains inclusive investigation method
for the person wishing immediate access to the United States code section along with
constitution.
54. United States Congress – it is bicameral administration of central government of USA.
55. United States Courts of Appeals - They are considered as intermediate appellate courts
of USA federal judiciary.
56. United States District Courts – they are general trial court of USA federal judiciary.

QUESTIONS 4
57. United States Marshals Service - It is central law enforcement agency in USA
Department of Justice (Mogk, et. al, 2016)
58. United States Supreme Court - Supreme Court of USA is considered as highest court in
central judiciary of USA.
59. Void-for-vagueness – It is a principle that requires penal statute to describe the crime of
criminal with adequate definiteness that common persons can appreciate.
60. Writ of certiorari – it is a procedure of court to look for legal review of the decision of
administrative agency or lower court (Witkowska, 2017).

QUESTIONS 5
Short Questions –
1. The impact of federalism on USA system of criminal justice has created over 3000 police
jurisdiction all operating independently with various conflicting rules because of local
colloquialism.
2. The State Law Enforcement Agencies make management in “criminalistics” services and
criminal lab. They maintain the investigative unit. In addition, the Law Enforcement
Agencies help certain enforcement agencies through the nation.
3. Both parties are involved in trial court as well as appellate court. The trial Court resolves
judicial as well as factual disputes. On the other hand, the appellate court just reviews
claim that the trial judge created legal mistakes.
4. Grand Jury has significant role in a criminal procedure. The replacement of indictment
functions of grand juries at state level with prosecutor accredited to charge crime by
filing sworn data impair the right of people charged with crime is not conducted.
5. Yes, there is explanation for broad discretion vested in the prosecutor (Campbell, 2018).
6. The 6th Amendment assures the right of criminal defendant, involving right to the
public trials without preventable delay.
7. The argument for permitting magistrates to relate broader discretion in criminal
sentencing is that they facilitate the criminal proceeding in court of law.
8. The charging power of prosecutors and their responsibilities should be considered at the
time of deciding whether to prosecute arrested person for having illegal drugs.
9. The military justice system provides the rights to have fair trial. It also ensures the
presence of Attorney.
10. The judge should consider sentencing law and sentencing guidelines in determining
whether to sentence convicted criminal to jail (Edwards & Marshall, 2018).

QUESTIONS 6
References
Campbell, C. M. (2018). USA vs. the World: Right to Public Access of Court Records and
Confidentiality Concerns in Commercial Arbitration. SCJ Int'l L. & Bus., 15, 99.
Edwards, T. K., & Marshall, C. (2018). Undressing policy: a critical analysis of North
Carolina (USA) public school dress codes. Gender and Education, 1-19
Ghate, C. G. (2017). The law on probation of offenders in India vis a vis state of
massachusetts USA.
Mogk, J., Shmigol, V., Futrell, M., Stover, B., & Hagopian, A. (2019). Court-imposed fines
as a feature of the homelessness-incarceration nexus: a cross-sectional study of the
relationship between legal debt and duration of homelessness in Seattle, Washington,
USA. Journal of Public Health.
Reinisch, A. (2016). Will the EU’s proposal concerning an investment court system for
CETA and TTIP lead to enforceable awards?—the limits of modifying the ICSID
Convention and the nature of investment arbitration. Journal of International Economic
Law, 19(4), 761-786.
Witkowska, J. (2017). Implications of the Transatlantic Trade and Investment Partnership
(TTIP) for investment flows between the European Union and the USA. Comparative
Economic Research, 20(3), 25-39.