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CRJ 100 & 130 > 100 Part 3 > Flashcards

100 Part 3 Flashcards

1
Q

In what type of court do criminal cases usually begin?

A

Trial courts
(name depends on the state; district, superior, etc.)

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2
Q

In what type of state court are appeals usually heard?
How many of these courts do most states have?

A

State court of appeals (aka intermediary appeals court)
1 court

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3
Q

What other types of courts do most states have?

A

• local courts
• specialty courts

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4
Q

How are state trial courts administered?

A

Locally OR by the state

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5
Q

Federal courts have jurisdiction (the power) to hear only limited types of cases, including: (3)

A

• Involve federal law or the federal constitution
• involve citizens of different states, and at least $75,000 in controversy
• United States itself is a party

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6
Q

Criminal cases only go to federal court if: (2)

A

• Someone is charged with violating a federal law
• A defendant claims a state has violated his/her constitutional rights

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7
Q

What are the 3 basic types of federal courts?

A

• District courts (trial courts)
• U.S. Circuit court of appeals
• Federal specialty courts

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8
Q

What does the U.S. Circuit court of appeals do?
How many circuits are there?
How many judges usually hear the cases? What is en banc?

A

Hears appeals from a federal district court’s decision
12 circuits
A larger group of judges

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9
Q

Examples of specialty courts

A

Drug courts, bankruptcy courts, military courts

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10
Q

What leads to a court-martial?

A

A member of armed forces violating the Uniform Code of Military Justice

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11
Q

What is a reentry court?
What is a teen court?

A

• Focused on offender’s rehabilitation
• for nonviolent youth offenders

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12
Q

Acquitting a criminal defendant does what?

A

Automatically ends the case

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13
Q

What do appellate courts do?

A

Decide if legal errors were made and if they merit invalidation of the conviction
They do NOT decide facts of case or guilt of defendant

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14
Q

What is an example of a legal error in a trial?

A

Inadmissible evidence, hearsay

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15
Q

What is the order of the criminal appeal process?

A

1a. The defendant files an appellate brief with the appeals court
1b. The prosecutor responds with a brief arguing that no errors were made
2. Panel of judges reads the brief
3. Appellate court either vacates the conviction or upholds the original decision

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16
Q

What does it mean to remand a case?

A

Send it back to trial court

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17
Q

What is the highest appeal level called?
Which court is this usually?

A

The court of last resort
The state supreme court, sometimes the U.S. Supreme Court

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18
Q

How is the Supreme Court different from other courts when it comes to appeals?

A

• Usually limited to constitutional law
• The court can decide whether or not to hear a case

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19
Q

What is a writ of certiorari?

A

When the Supreme Court chooses to hear a case, they issue a writ of certiorari, ordering the lower court to turn over all materials

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20
Q

What happens if a judge has a conflict of interest?

A

They must exercise recusal (turn case over to another judge)

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21
Q

Duties/roles of judges (3)

A

• Referee to ensure that the trial proceeds according to the rules of due process
• decide whether to issue search and arrest warrants
• decide all matters of law (not fact)

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22
Q

What matters of law do judges decide on? (4)

A

• Decides what evidence may be admitted
• rules on various motions that attorneys make
• gives the jurors their instructions
• usually issues sentence if there is a conviction

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23
Q

Types of judges: (3)

A

• Magistrates and justices of the peace - minor matters, warrants and infractions
• court commissioners or referees - preside over early stages, may perform duties of regular judges in specialty courts
• Justices - judges of the Supreme Court

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24
Q

What are the qualifications for becoming a judge?

A

No absolute qualifications, today most judges have law degrees

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25
Q

How do people become federal or state court judges?

A

Federal - most are nominated by the President of U.S.
State - appointed (usually by governor) or elected by voters

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26
Q

What are the arguments against appointing/nominating and electing judges?

A

Appointing/nominating - based on personal/political views, not qualifications
Electing - politicizes judges and allows monetary influence through campaigns

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27
Q

What are some controversies/debates around judges?
What is “judicial activism”?

A

• Lack of diversity, can judges really be impartial
• using the courts to further personal or social agendas

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28
Q

What power does a prosecutor have?

A

The power to bring formal criminal charges against someone

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29
Q

What happens if a prosecutor declines to bring charges against someone?

A

The victim has little legal recourse, aside from a civil lawsuit
* victim cannot stop prosecutor from pursuing prosecution

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30
Q

What names can a prosecutor go by?

A

Prosecutor, district attorney, state attorney, U.S. Attorney

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31
Q

What is an attorney general?

A

A state’s head law enforcement officer

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32
Q

Most criminal prosecutions are at what level?

A

Local

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33
Q

Duties of prosecutors: (3)

A

• Oversee deputies or assistants that do most of the prosecuting
• prove all elements of a criminal charge beyond a reasonable doubt
• prosecutorial discretion (whether or not to try a case)

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34
Q

Are prosecutors usually elected, appointed, or nominated?

A

Elected

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35
Q

What does a defense attorney do?

A

Argues case in court as well as other functions, such as pre-trial investigation

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36
Q

What is attorney-client privilege?

A

Protects confidentiality of oral and written communications between the accused and their attorney
* communications can’t be used in trial, but there are exceptions

37
Q

Most people can’t afford an attorney.
What are the 3 methods for indigent’s (poor) defense attorneys?

A

• Public defenders (employees of state)
• assigned counsel system - private law firms, case-by-case basis
• contract method - firms or nonprofit agencies accept cases for a set fee

38
Q

What is local legal culture?

A

A shared understanding of how cases should be processed
Develops when judges, prosecutors, and defense attorneys of a locale are static over time

39
Q

What is a going rate?

A

A generally agreed-upon sentence for a defendant based on the crime and prior record (plea-bargaining)
* the prosecutor and defense attorney just do what they did last time (precedent)

40
Q

How are the prosecution, defense, and jury typically positioned in court?

A

Defense and jury are farthest apart, prosecution is in the middle

41
Q

What is a grand jury? What is a petit jury?

A

Grand: sometimes investigates crimes and determines whether there is sufficient evidence to prosecute a particular suspect
Petit: decides whether defendants are guilty of the crimes with which they are charged
* grand acts as judge, petit act as trial-deciders

42
Q

A jury is composed of people picked at random from lists of…?

A

Registered voters and licensed drivers

43
Q

What is the jury selection process? (4)

A
  1. Venire - pool of potential jurors
  2. Voir dire - process by which biased jurors are excused from the pool
  3. Challenges for cause - elimination of jurors based on bias against defendant or prosecution
  4. Keep eliminating until there’s the right number of people
44
Q

What are peremptory challenges in the jury selection process?

A

Release of jurors that may not be sympathetic to cause of defense or prosecution

45
Q

What is jury nullification?

A

When the jury decides not to apply criminal laws when they feel doing so would be unjust
* there’s no justice in convicting this person, even if they definitely did it

46
Q

From whom does all evidence come from?

A

Witnesses
* there has to be a witness for potential evidence to be admitted

47
Q

What are the 2 types of witnesses? Explain both.

A

• Lay witnesses or eyewitnesses - people with first hand accounts of the crime (can be anyone, including victims)
• expert witnesses - express opinions based upon their specialized knowledge, research, and experience

48
Q

Explain the relationship between witnesses and subpoenas and contempt of court.

A

An unwilling eyewitness may be compelled to testify by being issued a subpoena. Refusal can result in contempt of court.

49
Q

Why do victims serve as witnesses in criminal trials?

A

Because they are technically not a party to the court case
* the state is legally the victim

50
Q

What is a victim impact statement?

A

Final stage of victim involvement, given during sentencing

51
Q

What are some consequences of the state technically being the victim in a criminal case?

A

• Reduces role of victim as witness, a difficult concept for victim to accept
• many victims feel they should have more power over the course of the trial
• victims can be compelled to testify by prosecution or risk being held in contempt

52
Q

Explain what “in chambers” means.

A

Out of courtroom, in judge’s chambers, off the record

53
Q

What is prohibited by the 8th amendment?

A

Excessive bail
*few guidelines on what is “excessive”, judge decides

54
Q

Define bail.

A

A sum of money deposited by the defendant with the court in order to insure their appearance at trial

55
Q

What is preventive detention?

A

Suspects held without bail because they pose potential danger to the community

56
Q

How is bail generally decided?
What is a positive of bail?

A

Severity of offense & how much money it will take to get the person to come to trial
The accused can put affairs in order

57
Q

What do bail bonding services do?

A

Guarantee defendants appear in court, but charge defendant high interest rates

58
Q

What rights are afforded by the 6th amendment? (4)

A

• Right to counsel once in custody
• right to a speedy trial
• right to a jury
• right to confront and cross-examine witnesses

59
Q

When does the clock start on a speedy trial?

A

Once the charges are filed

60
Q

When does a defendant exercise the right to counsel?

A

During:
• preliminary hearings
• Plea bargaining
• police interrogations
• lineups that occur after a defendant has been charged

61
Q

Exceptions to the right to counsel: (3)

A

• Defendants only facing fines or probation are not entitled to a lawyer (but can hire one)
• must face possibility of incarceration to have right
• defendant can waive right (must be able to articulate understanding of right being waived)

62
Q

What does a speedy trial protect defendants from? (2)

A

• A trial years after an alleged crime has occurred
• Long jail times for those who cannot make bail

63
Q

What happens when the right to a speedy trial is violated?

A

Defendant goes free, regardless of guilt

64
Q

What is a bench trial?

A

Judge determines guilt, not jury trial

65
Q

What is the minimum amount of jurors?

A

6

66
Q

What is change of venue?

A

Trial moved to a different location if an impartial jury is difficult to secure

67
Q

The right to a jury only applies in what cases and when a defendant faces what?

A

Criminal cases
6 or more months of incarceration

68
Q

An exception to hearsay evidence is what?

A

Dying declaration

69
Q

Right to jury is not fully waivable because…

A

Capital cases (execution) require a jury

70
Q

When does double jeopardy start in the federal system? State system?

A

Federal: when trial starts
State: when trial ends

71
Q

List the pre-trial process: (9)

A
  1. Arrest
  2. Custody, booked
  3. Prosecutor, charges, suspect becomes defendant
  4. Arraignment, complaint is read, plea
  5. Grand jury or preliminary hearing
  6. Case is either dismissed or held over for trial
  7. Process of discovery, investigating and sharing evidence
  8. Pre-trial motions
  9. Plea bargaining
72
Q

What is an arraignment?
What pleas are there? (3)

A

A hearing before a judge or magistrate, the first initial court appearance, tell person charges, could hear a plea
• guilty
• not guilty
• No contest, nolo contendere (doesn’t admit, but won’t dispute)

73
Q

What is the difference between a grand jury and a preliminary hearing? Similarity?
What happens if there is probable cause?

A

Preliminary hearing is before a judge, not grand jury
Both determine if probable cause is held
An indictment is issued

74
Q

What is an indictment?

A

Formal charges against a defendant

75
Q

Define information in relation to a prosecutor

A

The prosecutor produces it
Formal document that lists the charges

76
Q

What are pre-trial motions? Common requests?

A

Specific requests that lawyers file with the judge
Suppress evidence, change of venue
Judge could recuse

77
Q

What is a plea bargain? When can it occur?

A

A deal between prosecutor and defense where the defendant pleads guilty in exchange for reduced punishment
Any time before or during trial, as long as the jury hasn’t decided

78
Q

What is due process?
What is the due process clause?

A

Providing fair and equitable treatment
Government laws and proceedings must be fair

79
Q

What is procedural due process?
Substantive due process?

A

• Processes and methods used to try people for crimes cannot be unfair
• The government cannot unfairly deprive people of fundamental liberties

80
Q

What is the burden of proof?
Who does it fall on?

A

The burden of proving every element of a side’s claim
Falls on the party who must prove a particular thing in court

81
Q

What is clear and convincing evidence?

A

Somewhere between preponderance and beyond a reasonable doubt, required by some defenses

82
Q

What is direct evidence? Circumstantial evidence?

A

Direct - directly proves something without any inferences required
Circumstantial - evidence requires assumptions

83
Q

What does it mean for a jury to be sequestered?

A

Isolated from outside contact

84
Q

List the stages in a criminal trial: (12)

A
  1. Jury is chosen and sworn in
  2. Opening statements (introduce case, evidence/arguments)
  3. Prosecution’s case-in-chief (main body of evidence)
  4. Direct examination (questioning a witness)
  5. Cross-examination
  6. Redirect, recross the witness
  7. Rest their case
  8. Defense’s turn
  9. Prosecution rebuttal, defense surrebuttal
  10. Closing statements
  11. Judge gives the jury instructions
  12. Jury deliberates, makes decision, reads verdict
85
Q

When can an attorney object? (2)

A

• Counsel is leading the witness (suggesting answers)
• The evidence is inadmissible hearsay

86
Q

What is a bifurcated trial?

A

Different issues of the case are decided in separate hearings or trials
* capital cases are bifurcated, 1st trial determines guilt, 2nd trial determines level of punishment

87
Q

Special prosecutor

A

Special appointment by attorney general
Deals with special cases

88
Q

What are the limitations of attorney-client privilege?

A

Only applies to written/oral communication
Does not apply to other people in the room

CRJ 100 & 130 (7 decks)

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