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Courts > Chapter 10 > Flashcards

Chapter 10 Flashcards

1
Q

Crime

A

*Dramatic increase in crime from 1960s to 1980s

*Crime is reported in the FBI’s Uniform Crime Reports (UCR—Uniform Crime Reporting) annually
Voluntary reporting to FBI

*Index Crimes
Type I offenses
The 8 most serious crimes

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2
Q

Arrest

A

20% of crimes brought to the attention of police result in arrest

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3
Q

Every year the police make an estimated 14 million arrests for nontraffic offenses: TRUE OR FALSE

A

TRUE

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4
Q

Mostly relatively minor crimes:

A

Simple assault, public drunkenness, disorderly conduct, petty theft, and possession of small amounts of illegal drugs

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5
Q

Out of 14 million arrest,2.2 million of these arrests are for the serious crimes:

A

Homicide, rape, arson, aggravated assault, robbery, burglary, auto theft, and larceny

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6
Q

Quality of Arrests

A

Police have a lot to do with what happens in court after arrest

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7
Q

Keys to Conviction

A

Collection of tangible evidence

Locating cooperative witnesses

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8
Q

Initial Appearance

A
  • Occurs within a few hours or a few days of arrest
  • Generally 48 hours, excluding weekends, as stated by the Supreme Court
  • Most misdemeanor defendants enter a plea of guilty and are sentenced immediately
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9
Q

Felony D’s can’t offer a plea at this point, so it is a brief affair: TRUE OR FALSE

A

TRUE

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10
Q

County of Riverside v McLaughlin

A

McLaughlin’s name went first in a class action law suit filed on behalf of him and other plaintiffs regarding a prompt hearing before a magistrate

Supreme Court granted certiorari

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11
Q

certiorari

A

Balances between individual’s rights to liberty and society’s need for effective law enforcement

Supreme Court defined prompt as 48 hours

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12
Q

Charging documents:

A

Complaint
Information
Arrest warrant
Indictment

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13
Q

Charging Law on the Books:

A

*Prosecutorial Control

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14
Q

Prosecutorial Control

A

Prosecutors decide whether and what charges should be filed

Wide discretion given to prosecutors by courts

No review of decisions

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15
Q

Law in Action:

A

Police Influence

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16
Q

Police Influence

A

In some jurisdictions prosecutors defer to the police
Power has been essentially transferred to the police

In some jurisdictions the police influence the prosecutor’s decision

In some jurisdictions, prosecutors control filing of charges

17
Q

Bail

Law on the Books:

A

The monetary bail system

18
Q

The monetary bail system

A

Bail cannot be excessive
Purpose is to ensure the defendant’s presence in court

8th Amendment

Bail procedures vary by jurisdiction according to seriousness of crime

Various forms of bail

Preventative detention

19
Q

Bail Law in Action:

A

Context of Bail Setting

*Trial court judges have discretion in fixing bail

Flight risk/nonappearance
Risk to self/others
Situational justice

20
Q

Bail Agents and Bounty Hunters*

A

*Financial resources
Cash/Property bail

  • Conditions of bail posting
  • Jurisdictional constraints
21
Q

Effects of Bail System

A

Direct and indirect effects on defendants:

22
Q

Direct and indirect effects on defendants:

A

Jail conditions

Race/ethnicity

Failure to appear

Case disposition

23
Q

Preliminary Hearing

A

Law on the Books:

Weighing Probable Cause

24
Q

Law on the Books:

Weighing Probable Cause

A

Preliminary hearing is first time someone other than a law enforcement official reviews the case

In grand jury states a prosecutor can still go to the grand jury if a magistrate rules there is insufficient evidence

Prosecutor has to establish probable cause of a crime and that the defendant committed it—bound over for adjudication

25
Q

Preliminary Hearing Law in Action:

A

Factors weighed by defense attorneys in deciding whether to demand a preliminary hearing:

26
Q

Factors weighed by defense attorneys in deciding whether to demand a preliminary hearing:

A

Practices of the local prosecutor

Strategic and tactical considerations

Client control

Overview of evidence and opportunity for discovery

27
Q

Grand Jury

A

Grand juries make accusations

28
Q

Trial juries

A

decide guilt or innocence

29
Q

Grand Jury Law on the Books:

A

Shield and Sword

30
Q

Shield and Sword

A
  • Buffer between state and citizens
  • Investigatory powers
  • Indictment
  • Many legal protections not applicable at grand jury stage

*Authority to grant immunity from prosecution Transactional immunity
Use immunity

*Subpoena
Contempt

31
Q

Grand Jury Law in Action:

A

*Prosecutorial Domination

In theory, prosecutor functions as legal advisor

In practice, prosecutor dominates grand jury

Often function as a rubber stamp for the prosecutor

32
Q

Arraignment

A
  • Trial court of general jurisdiction
  • Defendant is formally accused of a crime

-Defendant enters a plea
Signifies to courtroom work group that the defendant is likely guilty of the crime charged

33
Q

Three Facets of Discretion

A

Legal judgments

Policy priorities

Personal standards of justice

34
Q

Why Attrition Occurs

A

The exercise of discretion (by police, prosecutors, judges, etc.) causes many cases to be dropped

35
Q

Legal Judgments

A

at every stage a decision is made about whether there is sufficient legal evidence to move a case forward

36
Q

Policy Priorities

A

– prosecutors are simply not interested in pursuing some cases (where the punishment may have already occurred), yet very aggressive in pursuing others

37
Q

Substantive Assessments

A

some cases are dropped because the officials decide prosecution would serve no useful purpose

Courts (3 decks)

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