Chapter 7 Flashcards
Jurisdiction
The authority or power of a court to hear a case
Federal court
Power to hear cases involving a federal questioning or diversity of citizenship
State court
Authority to hear cases with states geographical boundaries and involving issues of state laws
What is the dual court system?
Separate federal and state court systems handling cases in the United States.
What does it mean for courts to be decentralized?
Operated, controlled, and funded by local communities, not a statewide administration; most state and county courts are decentralized.
Role of a judge
The adjudicator, sets bail, issues warrants, negotiates and is an administrator
What are judges’ main functions?
Adjudicator, negotiator, administrator.
What are the steps in the merit-selection process?
When a vacancy occurs, a nominating committee is appointed that sends the governor the names of approved candidates. The governor must fill the vacancy from the list. After a year’s term, a referendum is held to ask the voters whether the judge should be retained.
Federal prosecutor
Attorney general of the US, Appointed by the president
What is a prosecutor?
They are the most influential people in the courtroom, charges are up to the prosecutor
How does the prosecutor use discretion to decide how to treat each defendant?
The prosecutor can determine the type and number of charges, reduce the charges in exchange for a guilty plea, or enter a nolle prosequi (thereby dropping some or all of the charges).
What are the prosecutor’s key exchange relationships?
Police, victims, and witnesses, defense attorneys, judges, the community.
Powell v. Alabama
Nine black youths – described as, “young, ignorant, and illiterate” – were accused of raping two white women.
Miranda v. Arizona
Right to counsel during custodial interrogation.
Ernesto Miranda was arrested in his house and brought to the police station where he was questioned by police officers in connection with a kidnapping and rape. After two hours of interrogation, the police obtained a written confession from Miranda.
Douglas v. California
Right to counsel on the first appeal
Gideon v. Wainwright
Right to counsel in felony cases,
Gideon got put in jail because he didn’t have enough money for a lawyer
Strickland v. Washington
Guilty of 3 murders, his attorney was unconstitutionally ineffective,
David Washington pleaded guilty to murder in a Florida state court. At sentencing, his attorney did not seek out character witnesses or request a psychiatric evaluation. Subsequently, the trial court sentenced Mr. Washington to death finding no mitigating circumstances to rule otherwise.
What special pressures do defense attorneys face?
Carrying heavy caseloads, receiving poor pay, enduring difficult working conditions, persuading clients to accept pleas, and accepting the fact that they will lose most cases.
What are the three main methods of providing attorneys for indigent defendants?
Assigned counsel, contract counsel, a public defender.
How does the local legal culture affect criminal cases?
The local legal culture consists of norms that distinguish a given court from other jurisdictions; stipulate how members should treat one another, and describe how cases should be processed.
