Chapter 7

Question 1

Jurisdiction

Answer 1

The authority or power of a court to hear a case

Question 2

Federal court

Answer 2

Power to hear cases involving a federal questioning or diversity of citizenship

Question 3

State court

Answer 3

Authority to hear cases with states geographical boundaries and involving issues of state laws

Question 4

What is the dual court system?

Answer 4

Separate federal and state court systems handling cases in the United States.

Question 5

What does it mean for courts to be decentralized?

Answer 5

Operated, controlled, and funded by local communities, not a statewide administration; most state and county courts are decentralized.

Question 6

Role of a judge

Answer 6

The adjudicator, sets bail, issues warrants, negotiates and is an administrator

Question 7

What are judges’ main functions?

Answer 7

Adjudicator, negotiator, administrator.

Question 8

What are the steps in the merit-selection process?

Answer 8

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.

Question 9

Federal prosecutor

Answer 9

Attorney general of the US, Appointed by the president

Question 10

What is a prosecutor?

Answer 10

They are the most influential people in the courtroom, charges are up to the prosecutor

Question 11

How does the prosecutor use discretion to decide how to treat each defendant?

Answer 11

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).

Question 12

What are the prosecutor’s key exchange relationships?

Answer 12

Police, victims, and witnesses, defense attorneys, judges, the community.

Question 13

Powell v. Alabama

Answer 13

Nine black youths – described as, “young, ignorant, and illiterate” – were accused of raping two white women.

Question 14

Miranda v. Arizona

Answer 14

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.

Question 15

Douglas v. California

Answer 15

Right to counsel on the first appeal

Question 16

Gideon v. Wainwright

Answer 16

Right to counsel in felony cases,
Gideon got put in jail because he didn’t have enough money for a lawyer

Question 17

Strickland v. Washington

Answer 17

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.

Question 18

What special pressures do defense attorneys face?

Answer 18

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.

Question 19

What are the three main methods of providing attorneys for indigent defendants?

Answer 19

Assigned counsel, contract counsel, a public defender.

Question 20

How does the local legal culture affect criminal cases?

Answer 20

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.