Chapter 4

Question 1

Acute dynamic factors

Answer 1

Psychological characteristics that change rapidly (within days, hours, or even minutes) and include such things as mood swings, emotional arousal, and alcohol or other drug-induced effects

Question 2

Amicus curiae briefs

Answer 2

Document submitted to appellate courts by outside parties to call attention to research or issues that might otherwise escape the courts’ attention

Question 3

Appellate jurisdiction

Answer 3

A court’s authority to hear appeals from decisions of lower courts

Question 4

Arraignment

Answer 4

Court proceedings during which criminal defendants are formally charged with an offense, informed of their rights, and asked to enter a plea

Question 5

Bench trial/court trial

Answer 5

A civil or criminal trial in which the judge, rather than a jury, is the finder of fact, responsible for reviewing the evidence and rendering a verdict

Question 6

Challenge for cause

Answer 6

Exercised by an attorney or judge whenever it can be demonstrated that a would-be juror does not satisfy the statutory or other requirements for jury duty

Question 7

Daubert standard

Answer 7

Guide to help determine whether expert scentific testimony meets criteria established by the U.S Supreme Court for reliability and relevance

Question 8

Deposition

Answer 8

Proceedings during which potential witnesses are questioned by attorneys for the opposing side, under oath and in the presence of a court recorder, although typically away from the courtroom

Question 9

Discovery process

Answer 9

The pretrail procedure by which one party in a civil or criminal case discloses to the other party information vital for their defence

Question 10

Disposition

Answer 10

The resolution of a legal matter. In criminal law, an example would be the sentence a defendant receives. In civil law, the disposition of a case may be a judgement in favor of the plaintiff. In juvenile law, a disposition is the equivalent of a criminal sentence

Question 11

Dual court system

Answer 11

Refers to the fact that federal and state courts in the United States exist side by side, independent of one another, sometimes in the same geographical location

Question 12

Dynamic risk factors

Answer 12

Aspects of a person’s developmental history that change over time, such as attitudes, opinions, and knowledge

Question 13

General acceptance rule

Answer 13

Standard for admitting scientific evidence into court proceedings that allows it if it generally accepted as valid in the scientific community. This was the essence of the Frye standard that dominated in courts until the late 20th century

Question 14

General jusisdiction

Answer 14

Refers to courts with broad authority over a vast array of both simple and complex cases, both civil and criminal

Question 15

Geographical jurisdiction

Answer 15

Court authority over a specified geographical area of the country or state

Question 16

Grand jury

Answer 16

A body citizens (usually about 23 in number) that the prosecutor directs to weigh evidence and decide whether there is enough to charge a person with a criminal offense

Question 17

Initial appearance

Answer 17

A court appearance if an arrested individual is being held in jail rather than released or cited to appear in court at a later date. It’s purpose is to review the need for continuing detention. However, it also may apply to the first proceeding before a judge, whether or not the individual was detained

Question 18

Limited jurisdiction

Answer 18

Refers to authority of lower courts that can only settle small disputes or deal with preliminary issues in a major cases

Question 19

Peremptory challenge

Answer 19

A rule that allows a lawyer to request the removal of a prospective juror without giving a reason

Question 20

Presentence investigation

Answer 20

Social history, typically prepared by probation officers, that includes information about the offender’s family background, employment history, level of education, substance abuse, criminal history, medical needs, and mental health history. Used by courts for sentencing purposes

Question 21

Scientific jury selection

Answer 21

Procedures used by social scientists consulting with lawyers in efforts to help lawers select jurors who are most sympathetic to their side. May involve community attitude surveys or other methods to “predict” the ultimate decision of members of the jury pool

Question 22

Shadow jury

Answer 22

Used by some trail consultants, these are individuals who match demographically and possibly in attitudes the members of an actual jury. Consultants note how the shadow jury is responding to the trail as it proceeds in order to suggest strategies to the lawyer who hired the consultant

Question 23

Specialized courts

Answer 23

Courts that deal only with particular matters. Family courts, drug courts, mental health courts, sexual trafficking courts, and domestic violence courts are all examples

Question 24

Stable dynamic factors

Answer 24

Although they are changeable, these factors usually change slowly and may take months or even years to change

Question 25

Stable risk factors

Answer 25

Aspects of a persons developmental history that place the person at risk for antisocial activity but that cannot be changed.

Question 26

Structured professional judgement

Answer 26

Relevant to risk assessment, it refers to a mental health practitioner assessing the likelihood of violence by using clinical judgement aided by guidelines. Some risk assessment instruments are developed based on the premise that SPJ has more validity than-or at least as much validity as-actuarial risk assessment

Question 27

Subject matter jurisdiction

Answer 27

The authority of courts over specific issues or legal matters.

Question 28

Trail consultants

Answer 28

Also called litigation consultants. Professionals, often but not necessarily psychologists, who assist lawyers in such tasks as selecting jurors, preparing witnesses to testify, and identifying effective strategies for the cross-examnation

Question 29

Ultimate issue

Answer 29

Final question that must be decided by the court. For example, should the expert provide an opinion about whether the defendant was indeed insane

Question 30

Voir dire

Answer 30

A process through which the judge and attorneys question the prospective jurors and possible disqualify them from jury duty. In some jurisdictions, the questioning can be done only by lawyers