chapter 7-9 Flashcards

1
Q

2 types of courts in the US

A

federal court system
united states supreme court

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2
Q

state judicial structures, most states have at least 3 court levels, generally referred to as trial courts, appellate courts and a state supreme court

A

state court system

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3
Q

territory, subject matter, or persons over which lawful authority may be exercised by a court or other justice agency, as determined by statute or constitution

A

jurisdiction

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4
Q

famous case that deals with jurisdiction that everyone in the area is familiar with

A

derek chauvin

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5
Q

authority of a given court over a specific geographic or over particular types of cases

A

original jurisdiction

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6
Q

lawful authority of a court to review made by a lower court

A

appellate jurisdiction

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7
Q

where criminal cases begin, conduct arraignments, sets bail, take pleas, conduct trials

A

state trial courts

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8
Q

trial courts of limited or special jurisdiction are also called ______ courts

A

lower

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9
Q

request that a court with appellate jurisdiction review, decision, or order of a lower court and set it aside or modify it

A

appeal

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10
Q

decisions can be affirmed, reversed, or remanded

A

correct, incorrect, lower court incorrect sending back to them for further review

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11
Q

federal judiciary consists of 3 levels

A
  1. us district courts
  2. us courts of appeals
  3. us supreme court
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12
Q

how many judicial districts are there?

A

94

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13
Q

appeals which have little substance, raise no significant issues, and are quickly disposed of

A

frivolous

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14
Q

appeals which are brought primarily because of the demands of the litigants, even if the chances are very slim of reversal

A

ritualistic

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15
Q

appeals which entail major questions of the law and policy where there is considerable professional disagreement, reversal is of the highest probability

A

nonconsensual

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16
Q

how many justices on the supreme court?

A

9 with 1 as chief justices

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17
Q

power of a court to review actions and decisions made by other agencies of gov

A

judicial review

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18
Q

decisions are not usually unanimous since

A

theres more republican justices than democratic 6 to 3

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19
Q

first appearance is within 48 hours and the defendent is..

A

given formal notice of charges, advised of rights, obtain a lawyer, opportunity for bail

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20
Q

bails serve 2 purposes such as re-appearance of accused and…

A

un-convicted persons from suffering imprisonment

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21
Q

court must be satisfied that the person is not a ____ risk when given bail

A

flight

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22
Q

refers to the pre-trial release of a criminal defendants on their written promise to appear

A

release of recognizance (ROR)

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23
Q

another alternative to bail is good standing, have not skipped bail before, no failures to appear, job house and family ties to _______ minor offense

A

community

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24
Q

setting of bail in the form of land, houses, stocks, and other tangible property/ f defendant doesn’t show they keep it

A

property bonds

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25
Q

% of the bail is paid in cash

A

deposit bail

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26
Q

court finds whether the defendant is competent to stand ____

A

trial

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27
Q

they have to find if the defendant has a reasonable degree, does the def understand what going on and can he _____ in his own defense

A

assist, Dusky Standard

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28
Q

formal answer in court to charges held against the def

A

guilty, not guilty, no contest
dramatically decreases the time needed to process a case

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29
Q

negotiates agreement among def, prosecutor, and the court as to what an appropriate plea and associated sentence should be in a given case

A

plea bargaining

30
Q

____% of cases are resolved through plea bargain

A

97

31
Q

professional courtroom participants including judges, prosecuting attorneys, defense attorneys, public defenders, and others serving the court

A

courtroom work group

32
Q

main goal in the court everyone involved in to bring the entire procedure to a ______ _______

A

successful date

33
Q

elected or appointed public official whose job is to conduct criminal proceedings on behalf of the state or the people against an accuse person

A

prosecuting attorney

34
Q

trial lawyer hired or appointed to conduct the defense of someone accused of a crime; job is to cast reasonable doubt

A

defense counsel

35
Q

attorney employed by a gov for purpose of providing defense services to indigents

A

public defender

36
Q

court officer who’s duties are to keep order in the courtroom and to maintain physical of the jury

A

bailiff

37
Q

keeps trial running smooth by maintaining schedule and keeping everyone in line

A

court administrator

38
Q

records all that occurs in courtroom

A

court reporter

39
Q

maintains all records of criminal cases including pleas and decisions made during trial

A

clerk of courts

40
Q

person who has special kills recognized by courts as relevant to determination of guilt or innocence

A

expert witness

41
Q

preliminary exam of a witness of a juror by judge or counsel

A

voir dire

42
Q

eyewitness, character witness, or any person called to testify who is not considered an expert; testify facts

A

lay witness

43
Q

order issued by a court of law requiring an individual to appear in court and give testimony

A

subpoena

44
Q

member of a jury selected for jury duty required to serve as an arbiter of the facts in a court of law; render a verdict

A

jurors

45
Q

organized program which offers services to victims of crime

A

victim assistance programs

46
Q

rules of court which govern the admissibility of evidence at a criminal hearing and trial

A

rules of evidence

47
Q

trial must be sought within 30 days, trial must begin within 70 days

A

speedy trial act

48
Q

criminal jury is composed of..; 6th amendment assures defendant to jury

A

12 members

49
Q

jurors can be challenged in 3 ways challenges to the array, challenges for case, peremptory challenge

A

.

50
Q

a challenge that states that the pool of potential jurors in not representative of the community as a whole

A

challenges to the array

51
Q

challenges that make claim that the person cannot be fair or impartial

A

challenges for cause

52
Q

means of removing unwanted potential jurors

A

peremptory challenge

53
Q

anything useful to a judge or jury in deciding the facts of a case

A

evidence

54
Q

evidence that proves a fact without drawing inferences

A

direct evidence

55
Q

evidence that requires the judge or jury to reach a conclusion based upon what the evidence indicates

A

circumstantial evidence

56
Q

oral summation of a case presented to a judge or jury by the prosecution or defense in a criminal trial

A

closing arguments

57
Q

formal and final finding made on the charges by a jury and reported to the court, or by a trial judge when no jury is used

A

verdict

58
Q

imposition of a sanction by a judicial authority

A

sentencing

59
Q

act of taking revenge on a criminal perpetrator

A

retribution

60
Q

imprisonment or other means to reduce the likelihood that an offender will commit future offenses

A

incapacitation

61
Q

goal of criminal sentencing that seeks to inhibit criminal behavior through the fear of punishment

A

deterrence

62
Q

specific deterrence-preventing a particular individual from committing another ______

A

crime

63
Q

making an example, so others will not commit crimes of the same sort out of threat of punishment is general _____

A

deterrence

64
Q

___% if everyone incarcerated WILL return to the community

A

90

65
Q

________ sentencing provides a reason/incentive for them to behave while incarcerated

A

indeterminate

66
Q

offender given a fixed term that may be reduced by good time(sentencing)

A

determinate sentencing

67
Q

multiple sentences running at the same time

A

concurrent

68
Q

one sentence first then the next

A

consecutive

69
Q

circumstances relating to the commission of a crime which caused its gravity to be greater than that of the average instance of the given type of offense such as..

A

children, sexual cases, elderly, torture of pain, lack of remorse

70
Q

mandatory sentencing has no _____________

A

leeway

71
Q

exam of a convicted offenders background prior to sentencing

A

pre-sentence investigation; used by judge to determine time

72
Q
A