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Intro to Criminal Justice > Ch 7 > Flashcards

Ch 7 Flashcards

1
Q

Trials are complex because…

A

many criminal justice agencies and personnel must interact in the pursuit of justice:
police, prosecutors, judges, jurors, victims and offenders.

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2
Q

Who works together to bring charges?

A

Police and prosecutor

This serves as a check and balance

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2
Q

Police arrest does not guarantee the prosecutor will prosecute

A

Prosecutorial Discretion

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2
Q

Three important decisions made BEFORE a trial:

A

1) Setting bail
2) determining the competency of the defendant to stand trial
3) plea bargaining

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2
Q

8th Amendment concepts of Bail

A

may be set by schedule

amount typically based upon possible fine

can be denied if defendant is flight risk

can be denied for reasons of community safety

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2
Q

Release of the defendant prior to trial.

A

Bail

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3
Q

3 Controversial Points on Bail

A

1) What is excessive bail?
2) When can bail be denied?
3) Does the bail system discriminate against the poor?

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3
Q

Grand Jury

A

Alternative method, which is confidential, to determine if there is sufficient evidence to charge the defendant with a crime.

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4
Q

Arraignment

A

Defendent is formally charged with crime(s) and asked to enter a plea. If the defendant pleads not guilty a trial date is set. If defendent pleads guilty, there is no trial and sentencing hearing is set.

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5
Q

Alternatives to Cash Bond (Bail)

A

1) release on recognizance (ROR)
2) Conditional Release
3) Property Bond
4) Signature Bond

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5
Q

motion for discovery

A

pretrial motion filed by defense counsel, requesting the prosecution turn over all relevant evidence, including list of witnesses that the prosection might use at the trial

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6
Q

_______ provides for the pretrial release of the accused, based merely on the defendants unsecured promise to appear at trial.

A

Release on recognizance (ROR)

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7
Q

_________ releases the defendant based on his/her signing a promissory note agreeing to pay the court an amount if he/she fails to appear at trial.

A

Unsecured bond

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7
Q

motion for suppression

A

a pretrial motion made by defense to exclude certain evidence from being introduced in the trial

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8
Q

motion for change of venue

A

made by prosecution or defense, to move trial to another courtroom in the same jurisdiction.

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9
Q

_______ releases the defendant based on his/her signature on a promise to appear in court, usu for minor offenses such as traffic violations.

A

signature bond

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9
Q

motion for continuance

A

made by prosecution or defense to delay start of the trial

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10
Q

_________ releases defendant if he/she agrees to court-ordered terms and restrictions.

Terms can include drug treatment programs, anger-management classes, compliance with restraining orders, or regular employment.

A

Conditional release

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11
Q

______ release of defendant in return for a piece of property worth the value of the bail as a promise to return for trial.

A

property bond.

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11
Q

motion for dismissal

A

defense motion requesting that charges against defendant be dismissed

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12
Q

motion for bill of particulars

A

allows defense to receive more details as to exactly what items the prosection considers illegal if a defendant is charged with possession of burglary tools, illegal weapons, drug paraphernalia, or illegal gamblin paraphernalia

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13
Q

Negotiation between defendant and prosecutor for a plea of guilty for which in return the defendant will reeive some benefit such as reduction of charges or dismissal of some charges

A

Plea bargaining

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13
Q

motion for severance of chrages or defendants

A

the defendant be tried for multiple charges separately or t hat multiple defendants charged with same crime be tried seperately

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15
Q

Benefits of Plea Bargaining

A

1) Reduces time and cost associated with court case
2) Keeps back-logged dockets moving
3) over 90% of defendants receive a plea bargain
4) Plea can surround the charges or the range of sentencing.

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17
Q

pretrial motions

A

requests by prosecutor or defense made in advance of the trial

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19
Q

3 Benefits brought forth by the Speedy Trial Act of 1974

A

1) a criminal case must assure defendant the right to a speedy trial under 6th Amendment
2) Federal prosecutor has 30 days to seek an indictment
3) Federal Prosecutor has 70 days to start trial

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21
Q

bail

A

release of the defendant prior to trial

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23
Q

Federal prosecutor has ___ days to seek an indictment and ___ days to start a trial.

A

indictment: 30
trial: 70

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25
Q

excessive bail

A

8th amendment prohibits bail which is excesive but there is no uniform standard as what “excessive” is

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26
Q

Participants in the Criminal Trials

A

1) Prosecutor
2) Defense Attorney
3) Judge
4) Jury
5) Court reporter
6) Clerk of the court
7) Witness
8) Bailiff

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27
Q

bail bondsagent

A

an agent of a private commercial business that has contracted with the court to act as a guarantor of a defendants return to court

28
Q

Criminal Trial Process

A

1) Pretrial Motions
2) Jury Selection
3) Opening Statements
4) Prosecutor’s Case
5) Defense Case
6) Rebuttal
7) Surrebuttal
8) Closing Arguments
9) Charge to the Jury
10) Deliberation
11) Verdict
12) Sentencing

29
Q

denial of bail

A

bail is a privelege that can be denies under some circumstances.

30
Q

Pretrial Motions

A

1) Motion for Discovery
2) Motion for Suppression
3) Motion for change of venue
4) Motion for Continuance
5) Motion for Dismissal
6) Motion for a bill of particulars
7) Motion for severance of charges of defendants

31
Q

United States v Salerno

A

Mafia member Anthony Salerno arrested for violating Racketeer Influenced and Corrupt Organizations Act. Determined that “Bail Reform Act of 1984” did not violate due process clause (5th amend) or the excessive bail clause (8th amend). Ruling permitted federal courts to detain people prior to a trial if the gov’t could prove that the individual was potentially dangerous to other people in the community.

32
Q

Jury size of _____ is a tradition, NOT a constitutional requirement

A

12

33
Q

________ requires a broad base of citizens who represent the community

A

Jury of One’s Peers

34
Q

What is the courts major challenge for the jury?

A

Selecting fair citizen jurors.

35
Q

How many purposes of punishment are there?

A

There are many conflicting opinions

36
Q

Over _________ sentences are handed down by judges _______.

A

1 million anually

37
Q

Contemporary Philosophies for Punishment

A

1) Deterrence
2) Incapacitation
3) Retribution
4) Rehabilitation
5) Restorative Justice

38
Q

Deterrence

A

Punishment should prevent the criminal from reoffending

1) Effective with law abiding citizens
2) Corporal Punishment
3) Specific Deterrence
4) General Deterrence
5) Sterilization

39
Q

Incapacitation

A

The only way to prevent criminals from reoffending is to remove them permanently from society.

1) Banishment
2) Transportation
3) Imprisonment - “warehousing” or “lock and feed”

40
Q

Retribution

A

Criminals should be punished because they deserve it.

1) “Just desserts”
2) “get-tough” era of sentencing
3) “ 19th and 20th Century prison officials favored harsh prison conditions
4) The public expects prisoners to be punished

41
Q

The Jurisdictions

A

1) Municipal/County Law
2) State Law
3) Federal Law

42
Q

Municipal/County Law

A

1) Informal trial process
2) Pollice and defendant come before judge
3) police officer describes crime
4) defendant defends self
5) judge determines guilt/innocence and punishment

43
Q

State Law

A

1) State Court of Limited Jurisdiction – if crime is misdemeanor
2) State Court of Original Jurisdiction – applies if crime is a felony

44
Q

Federal Law

A

1) Federal Magistrate Court – applies if crime is a misdemeanor
2) Federal District Courts – applies if crime is a felony

45
Q

What happens to crimes of both state and federal law?

A

Defendant can be tried in either or both state and federal courts.

This is NOT considered double jeopardy because it is considered a separate offense in each jurisdiction.

46
Q

the rule that a defendant can be charged only once and punished only once for a crime; if tried and found innocent, defendant cannot be retired, even if new evidence is discovered

A

double jeopardy

47
Q

the concept that a defendant comprehends charges against him/her and is able to assist his/her attorney with the defense

A

competent to stand trial

48
Q

defendant negotiates with prosecutor for a lesser sentence in return for a guilty plea

A

sentence bargaining

49
Q

the calendar on which court cases are scheduled for trial

A

court docket

50
Q

legal limits regarding the length of time between the discovery of a crime and the arrest of the defendant

A

statue of limitations

51
Q

Barker v Wingo

A

1972

court ruled that defendant’s failure to request a speedy trial does not negate the defendants right to a speedy trial

52
Q

the status of a criminal offense. When police or prosecutor assert that the perpetrator of the crime is known, the case is “cleared.”

A

clearing cases

53
Q

Klopfer v North Carolina

A

1967

1) Peter Klopfer, Duke University Professor
2) arrested for trespassing during sit in
3) Prosecution didn’t take case to trial, but would not drop the charges.
4) Klopfer appealed to US Supreme Court who ruled the indefinite holding unconstitutional.

54
Q

administrative court rules governing the admissibility of evidence in a trial

A

rules of evidence

55
Q

a charge against any violator of the judge’s courtroom rules, authorizing the judge to impose a fine or term of imprisonment.

A

contempt of court

56
Q

person responsible for court paperwork and records before and during a trial

A

clerk of court

57
Q

stenographer who transcribes every word spoken by judge attroneys and witnesses during a trial

A

court reporter (court recorder)

58
Q

county deputy sheriff or us deputy marshall responsible for providing security and maintaining order in a courtroom

A

bailiff

59
Q

the process through which a jury is selected from members of the jury pool who have been determined eligible for service

A

voir dire

60
Q

physical evidence, such as a gun, a fingerprint, a photograph, or DNA matching

A

real evidence

61
Q

the testimony of a witness

A

Testimonial evidence

62
Q

information about a crime obtained by secondhand from another rather than directly observed

A

hearsay evidence

63
Q

a citizen who testifies only to what he or she heard, saw, felt, smelled, or otherwise directly experienced

A

lay witness

64
Q

gives testimony based on his/her expert knowledge and can make inferences beyond the facts

A

expert witness

65
Q

evidence that connects the defendant with the crime

A

direct evidence

66
Q

evidence that implies that the defendant is connected to the crime but does not prove it

A

circumstantial evidence

67
Q

standards requiring that evidence and the testimony of witnesses be competent, material and relevant

A

legal standards of evidence

68
Q

written instructions about the application of the law to a case that the judge gives to the jury to help them reach a verdict

A

charge to the jury

69
Q

the jury cannot reach a verdict

A

hung jury

70
Q

a judges order to participants and observers at a trial that the evidence and proceedings of the court may not be published, broadcast, or discussed publicly

A

gag order

71
Q

a trial in which the judge rather than a jury makes the determination of guilt

A

bench trial

72
Q

defense counsel provided for a defendant who cannot afford a private a private attorney

A

indigent defense

73
Q

Taylor v Louisiana

A

ruled that the exclusion of women from jury duty created an imbalance in the jury pool

Intro to Criminal Justice (3 decks)

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