150 Test 4 Ch 9-10

Question 1

a trial de novo occurs when…

Answer 1

a case is retried on appeal

Question 2

the U.S. district courts are the ________ for the federal court system

Answer 2

trial courts

Question 3

the power of judicial review allows the U.S. supreme court to ________

Answer 3

review lower-level court decisions and state and federal statutes

Question 4

exculpatory evidence

Answer 4

information having a tendency to clear a person of guilt or blame

Question 5

George has been accused of multiple crimes. Why would the prosecutor want to try George separately on each charge?

Answer 5

trying charges separately would allow another trial on a new charge if George is not found guilty at a trial

Question 6

What is the primary purpose of the preliminary hearing?

Answer 6

to give defendants the opportunity to challenge the legal basis for their detention

Question 7

When a defendant “stands mute” at arraignment, he or she is considered to have entered a _________

Answer 7

not guilty plea

Question 8

approximately what percent of state criminal cases are resolved through plea bargaining?

Answer 8

almost 95 percent

Question 9

______ ______ is established only when the prosecutor presents sufficient evidence to convince the judge or jury that the defendant is guilty as charged

Answer 9

legal guilt

Question 10

Which of the following is an exception to the hearsay rule?

Answer 10

a dying declaration

Question 12

federal court system

Answer 12

three-tiered structure of federal courts, comprised of U.S. district courts, U.S. courts of appeal, and the U.S. supreme court

Question 13

jurisdiction

Answer 13

the territory, subject matter, or people over which a court may exercise lawful authority

Question 14

appellate jurisdiction

Answer 14

the lawful authority of a court to review a decision made by a lower court

Question 15

original jurisdiction

Answer 15

the lawful authority of a court to hear cases and to pass judgement

Question 16

most states follow the ______ model

Answer 16

federal

Question 17

what do trial courts do?

Answer 17

conduct arraignments, set bail, take pleas, conduct trial, and impose sentences

Question 18

appeal

Answer 18

a request that a higher court review actions of a lower court

Question 19

what are appeals to the U.S. supreme court based on?

Answer 19

claimed violations of the defendant’s rights

Question 20

administration

Answer 20

state court administrators manage operational functions of courts

Question 21

national center for state courts

Answer 21

an independent, nonprofit organization dedicated to the improvement of the American court system

Question 22

dispute resolution centers

Answer 22

informal hearing places designed to mediate interpersonal disputes without resorting to formal criminal trial court
(central feature of the restorative justice movement)

Question 23

community court

Answer 23

low level court that focuses on quality-of-life crimes, diverts offenders from prosecution and incarceration

Question 24

problem solving courts

Answer 24

low level specialized courts focusing on relatively minor offences, handling special populations or addressing special issues

Question 25

two categories of participants in a criminal trial

Answer 25

professional and outsider

Question 26

frivolous appeals

Answer 26

little substance, usually disposed of quickly

Question 27

ritualistic appeals

Answer 27

probability of reversal is negligible

Question 28

nonconsensual appeals

Answer 28

highest probability of reversal

Question 29

judge

Answer 29

an elected or appointed official who presides over a court of law

Question 30

prosecutor

Answer 30

attorney who is responsible for presenting the state's case against the defendant, also known as the DA

Question 31

key duties of the defense counsel

Answer 31

to prepare adequate defense to be used at trial

Question 32

6th amendment

Answer 32

guarantees the right to an attorney

Question 33

bailiffs

Answer 33

court officers whose duties are to keep order in the courtroom to secure witnesses, and to maintain physical custody of the jury

Question 34

clerk

Answer 34

maintains all records of criminal cases, including all pleas and motions made, before and after the trial

Question 35

expert witnesses

Answer 35

have special knowledge and skills recognized by the court as relevant to the determination of guilt or innocence, are allowed to express opinions or draw conclusions in their testimony

Question 36

lay witnesses

Answer 36

non experts who are there to provide facts and cannot state their opinion

Question 37

peer jury

Answer 37

a jury composed of a representative cross-section of the community

Question 38

what type of court is drug court?

Answer 38

a problem solving court

Question 39

public defender

Answer 39

part of the courtroom work group

Question 40

what is a prosecutor's most important job

Answer 40

to decide what charges to press

Question 41

what is a subpoena

Answer 41

a formal order calling someone to appear in court

Question 42

who cannot serve in jury duty?

Answer 42

biased people, such as police officers

Question 43

how many supreme court justices should agree in order to hear a case?

Answer 43

four

Question 44

pretrial activities

Answer 44

court-related activities that routinely take place before a trial can begin

Question 45

first appearance

Answer 45

first contact with an officer of the court for most defendants must be held within 48 hours following arrest

Question 46

pretrial release

Answer 46

release of accused person from custody on his/her promise to appear in court when required

Question 47

release on recognizance

Answer 47

pretrial release on defendant's written promise to appear in court when required

Question 48

property bond

Answer 48

substitute other items of value in place of cash

Question 49

deposit bond

Answer 49

form that lets you post a percentage

Question 50

conditional release

Answer 50

imposes requirements on the defendant (similar to probation and parole)

Question 51

third party custody

Answer 51

defendant assigned to custody of individual or agency that promises to ensure defendant's appearance in court

Question 52

unsecured bonds

Answer 52

credit contract, no monetary deposit required

Question 53

signature bonds

Answer 53

release based on defendant's written promise to appear

Question 54

arraignment

Answer 54

first appearance before the court that has the authority to try the case

Question 55

plea

Answer 55

the defendant's formal answer to the case

Question 56

nolo contendere(no contest)

Answer 56

they treat this as a guilty plea in sentencing, but since it's not an admission of guilt, they won't use it as a basis for later proceedings

Question 57

plea bargaining

Answer 57

process of negotiating an agreement among defendant, prosecutor, and court as to an appropriate plea and associated sentence in a given case

Question 58

sixth amendment right to counsel includes...

Answer 58

...plea bargaining

Question 59

factual guilt

Answer 59

did the defendant commit the crime

Question 60

legal guilt

Answer 60

prosecutor presents sufficient evidence to convince judge or jury that defendant is guilty

Question 61

What case law applied constitutional right to speedy trial applicable to state courts?

Answer 61

Klopfer v. North Carolina

Question 62

voir dire examination

Answer 62

questioning of potential jurors during jury selection

Question 63

scientific jury selection

Answer 63

use of social science techniques to predict if potential jurors will vote for conviction or for acquittal

Question 64

shadow juries

Answer 64

hired court observes who attend trial and give defense attorneys insight into what jurors may be thinking and feeling

Question 65

sequestered juries

Answer 65

isolated from public during trial and deliberation

Question 66

direct evidence

Answer 66

proves a fact without requiring an inference(photo, video, direct testimony)

Question 67

circumstantial evidence

Answer 67

indirect evidence that required the judge or jury to make inferences and to draw conclusions(witness hears gunshots, sees someone with a gun right after)

Question 68

real evidence

Answer 68

physical material or traces of physical activity

Question 69

evidence has ______ value if it is useful and relevant

Answer 69

probative

Question 70

testimony

Answer 70

the oral evidence offered by sworn witnesses on the stand during the trial

Question 71

direct examination

Answer 71

occurs when first witness called to the stand

Question 72

cross-examination

Answer 72

examination of witness by someone other than the direct examiner

Question 73

other methods of giving testimony

Answer 73

redirect and recross examination

Question 74

hearsay

Answer 74

anything not based on personal knowledge of a witness

Question 75

hung jury

Answer 75

jury is deadlocked and cannot agree on a verdict

Question 76

juror

Answer 76

citizen selected for jury duty and required to serve as an arbiter of the facts in a court of law

Question 77

perjury

Answer 77

intentionally making statements a witness knows is untrue

Question 78

closing arguments

Answer 78

to persuade jury to draw a conclusion favorable to the presenter

Question 79

alternatives

Answer 79

panel of judges who would render verdict and impose sentence

Question 80

professional jurors

Answer 80

would be trained to expertise to sit on any jury

Question 81

what is the earliest stage of the court process at which defendant may be given formal notice of the charges against them

Answer 81

first appearance

Question 82

what is the purpose of bail?

Answer 82

to prevent unconvicted suspects from suffering imprisonment unnecessarily

Question 83

the purpose of a criminal trial is to:

Answer 83

determine the guilt or innocence of a defendant

Question 84

during jury selection, challenges for cause:

Answer 84

claim that an individual juror cannot be fair or impartial