Chapter 7: Judges

Question 1

Judges

Answer 1

Judicial officers responsible for…

• Hear Legal Disputes
• Administer Law
• Preside over Courts of Justice

Question 2

_______ of judges is majorly ___________ by court _________, __________, and _______.

Answer 2

Power; limited; structures; procedures; actors

Question 3

_________ - __________ _________ are __________ participants in __________ stages of the criminal justice system including ______________ work before the _____________ is arrested and after the __________ completes his/her _____________.

Answer 3

Trial-court judges; active; multiple; pretrial; suspect; defendant; sentence

Question 4

As __________ __________, ____________ are responsible for signing ________ and _________ ____________. They must look at each application for a _________ to decide whether there’s ___________ ___________ to justify the ________ or ___________. _________ also require that on each _____________, the ___________ and ________ , police are describing, are articulated with “__________ ____________.”

Answer 4

judicial officers; judges; search; arrest; warrants; warrant; probable cause; search; arrest; Judges; application; location; items; “sufficient specificity.”

Question 5

When does the defendant’s initial appearance before a judge take place.

Answer 5

1 - 2 days after arrest (w/o unnecessary delay)

(until then they are held in custody)

Question 6

The defendant is not _____________, until he/she is ____________ by a _________ __________.

Answer 6

charged; indicted; grand jury

Question 7

Most important decisions a judge must make during the initial appearance of defendant

Answer 7

Conditions of release from custody of the defendant.

• Judge sets bail at whatever ensures defendant’s reappearance in court.
• Judge decides what conditions are necessary to ensure safety of community

Question 8

Once the defendant is _____________, a ________ is assigned to his/her _________. The ________ hearing the _____________’s case schedules hearings for motions to ________ or ___________ testimony involving relevant _________ ___________ and ___________.

Answer 8

arraigned; judge; case; judge; defendant’s; suppress; dismiss; police officers; witnesses

Question 9

Evidentiary Hearings

Answer 9

Judge makes rulings over motions based on
- evidence,
- legal arguments presented during case,
- written legal memoranda by prosecutor & defense in support of/ opposition to motions

Question 10

If the __________ returns a verdict of ________, the ____________ retains an ___________ direct decision to enter a verdict of ______ _____________ if he/she believes there wasn’t __________ ___________ to prove the ________ of the defendant beyond a reasonable doubt.

Answer 10

jury; guilty; the judge; overriding; not guilty; sufficient evidence; guilt

Question 11

Judges are tasked with the responsibility to uphold the _________ of ______________ and _____________ of the court system in the public eye.

Answer 11

image; honesty; dignity

Question 12

When making _____________ decisions, the __________ is limited in their discretion to what the ___________ ____________ sentence the defendant to based on the ______________.

Answer 12

sentencing; judge; state statutes; conviction

Question 13

How do judges within jurisdictions of indeterminate sentencing sentence the defendant.

Answer 13

Judges are given wide discretion to decide how long a defendant’s sentence will be based on the case.

Question 14

The Judge may sentence a defendant to _______________, for which the defendant must uphold the conditions on which the _________ ____________ is based. This oftentimes includes _________ on where a defendant may ______, ____________ and ____________ testing, _________-____________ treatment, ____________, __________, & paying __________ and __________.

Answer 14

probation; probationary period; limitations; go, drug; alcohol, substance-abuse; education; employment; restitution; fines

Question 15

If the defendant (aka ___________) violates the terms of his/her __________ _________, the ___________ _________ may file a motion to ____________ or ___________ the defendant’s ___________.

Answer 15

probationer; probationary period; probation officer; revoke; modify; probation

Question 16

2 Criterion Judges must consider for revoking / modifying defendant’s probation

Answer 16

1) Were the conditions of the probation in fact violated?

2) What is an appropriate sanction to impose on the probationer?

Question 17

If the ____________ violated the conditions of their ____________, the judge may __________ them for a couple of days as punishment, place more ___________ on the ____________ conditions, or completely __________ the _____________.

Answer 17

probationer; probation; incarcerate; restrictions; probation; revoke; probation

Question 18

Many judges ___________ their own courtroom through ______________ of duties, ____________ ___________ evaluations, and _____________ ___________. Judges are also free to make their own ____________ _____________ including deciding ____________ and ________ times, & trial ____________ and ___________.

Answer 18

manage; allocation; job performance; personality conflicts; court schedule; start; end; hearings; dates

Question 19

Independence - Accountability Continuum

Answer 19

Judicial Independence: Judiciary makes decisions w/o govt. interference or popular/political consequences.

Judicial Accountability: Judiciary held accountable by society & govt. / can be removed from office his performance is below standard.

Question 20

How are Federal Judges elected?

Answer 20

Receive lifetime appointment from the President
Confirmed by majority vote in the Senate

Question 21

What happens in case of federal court vacany?

Answer 21

President’s staff & Officials from justice department look to state and circuit courts for potential candidates to fill vacancy.

Question 22

Senatorial Courtesy

Answer 22

Another way in which district court judge vacancies are filled.

President will defer to Senator of state where vacancy exist to nominate potential candidate for judgeship.

Question 23

Proponents argue that _____________ judges is better than ____________ them, because the general public (voters) don’t know how to ______________ select their judges based on the judge’s ___________ and ________________.

Answer 23

appointing; electing; intelligently; qualities; qualifications

Question 24

4 Methods of State Court Judge Selection

Answer 24

1) Appointment
2) Non-partisan Election
3) Partisan Election
4) Merit Selection Plan

Question 25

Appointment (State Court)

Answer 25

State legislature appoints judges

Question 26

Partisan Elections (State Court)

Answer 26

Elections where judges are selected & affiliated with political party

Question 27

Nonpartisan Elections (State Court)

Answer 27

Elections where judges run unaffiliated with political party

party designation doesn’t show up on ballot.

Question 28

How do state courts fill judge vacancy?

Answer 28

legislature appoints interim appointed judge (who can run for re-election as a sitting judge).

Question 29

Merit Selection Plan (State Court)

Answer 29

When vacancy arises, bipartisan, broad-based commission consisting of lawyers) interview potential candidates for judge.

Commission is responsible to send 3 most qualified candidates to Governor for appointment.

Governor chooses and appoints a candidates, who must stand for retention during election season.

Question 30

Stand in Retention elections require ____________ to decide whether the appointed _____________ should ____________ his or her position in office.

Answer 30

voters; judge; keep

Question 31

Judicial Accountability

Answer 31

Ability of entity to remove judge from job if they don’t perform in acceptable manner

Question 32

Judicial Independence

Answer 32

Ensuring judges are able to make case decisions based on facts/ law regardless of popular, political, financial pressure.

Question 33

Decisional Accountability

Answer 33

Makes judges accountable for judicial rulings.

If judge ignores state law / legal precedent, they should be held accountable.

Question 34

True or False: Decisional Accountability is generally considered inappropriate?

Answer 34

True

Question 35

Behavioral Accountability

Answer 35

Makes judges accountable for behavior on the bench

(i.e. explicit statements, acts of bias / partiality, rudeness, lack of respect for parties).

Question 36

Voter Falloff

Answer 36

People who vote for major offices (President, governor, etc…) but don’t vote in judicial elections.

Question 37

Judicial Performance Evaluation (JPE) Programs

Answer 37

Evaluations, of how well judges demonstrate qualities expected of them, by people w/ experience before a judge.

Focus primarily on judges behavior.

Question 38

federal judges may be removed for life for ______________, _____________, or other _______________ and _________________.

Answer 38

treason; bribery; high crimes; misdemeanors

Question 39

Judicial Council Reform & Judicial Conduct and Disabilities Act of 1980

Answer 39

provides means to file complaint against judge, and discipline against judge if council deems necessary.

Question 40

Judicial Disciplinary Commissions

Answer 40

Investigate complaints against judges to see if they have merit.

If the commission finds that the complaints have merit, punishment is imposed on the judge.

Question 41

Punishment for Judge Misconduct include ____________ or ___________ ___________, ______________, or _____________ from the ____________.

Answer 41

private; pubic censure; suspension; removal; bench.