Chapter 7: Judges Flashcards
Judges
Judicial officers responsible for…
- Hear Legal Disputes
- Administer Law
- Preside over Courts of Justice
_______ of judges is majorly ___________ by court _________, __________, and _______.
Power; limited; structures; procedures; actors
_________ - __________ _________ are __________ participants in __________ stages of the criminal justice system including ______________ work before the _____________ is arrested and after the __________ completes his/her _____________.
Trial-court judges; active; multiple; pretrial; suspect; defendant; sentence
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 “__________ ____________.”
judicial officers; judges; search; arrest; warrants; warrant; probable cause; search; arrest; Judges; application; location; items; “sufficient specificity.”
When does the defendant’s initial appearance before a judge take place.
1 - 2 days after arrest (w/o unnecessary delay)
(until then they are held in custody)
The defendant is not _____________, until he/she is ____________ by a _________ __________.
charged; indicted; grand jury
Most important decisions a judge must make during the initial appearance of defendant
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
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 ___________.
arraigned; judge; case; judge; defendant’s; suppress; dismiss; police officers; witnesses
Evidentiary Hearings
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
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.
jury; guilty; the judge; overriding; not guilty; sufficient evidence; guilt
Judges are tasked with the responsibility to uphold the _________ of ______________ and _____________ of the court system in the public eye.
image; honesty; dignity
When making _____________ decisions, the __________ is limited in their discretion to what the ___________ ____________ sentence the defendant to based on the ______________.
sentencing; judge; state statutes; conviction
How do judges within jurisdictions of indeterminate sentencing sentence the defendant.
Judges are given wide discretion to decide how long a defendant’s sentence will be based on the case.
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 __________.
probation; probationary period; limitations; go, drug; alcohol, substance-abuse; education; employment; restitution; fines
If the defendant (aka ___________) violates the terms of his/her __________ _________, the ___________ _________ may file a motion to ____________ or ___________ the defendant’s ___________.
probationer; probationary period; probation officer; revoke; modify; probation
2 Criterion Judges must consider for revoking / modifying defendant’s probation
1) Were the conditions of the probation in fact violated?
2) What is an appropriate sanction to impose on the probationer?
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 _____________.
probationer; probation; incarcerate; restrictions; probation; revoke; probation
Many judges ___________ their own courtroom through ______________ of duties, ____________ ___________ evaluations, and _____________ ___________. Judges are also free to make their own ____________ _____________ including deciding ____________ and ________ times, & trial ____________ and ___________.
manage; allocation; job performance; personality conflicts; court schedule; start; end; hearings; dates
Independence - Accountability Continuum
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.
How are Federal Judges elected?
Receive lifetime appointment from the President
Confirmed by majority vote in the Senate
What happens in case of federal court vacany?
President’s staff & Officials from justice department look to state and circuit courts for potential candidates to fill vacancy.
Senatorial Courtesy
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.
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 ________________.
appointing; electing; intelligently; qualities; qualifications
4 Methods of State Court Judge Selection
1) Appointment
2) Non-partisan Election
3) Partisan Election
4) Merit Selection Plan
Appointment (State Court)
State legislature appoints judges
Partisan Elections (State Court)
Elections where judges are selected & affiliated with political party
Nonpartisan Elections (State Court)
Elections where judges run unaffiliated with political party
party designation doesn’t show up on ballot.
How do state courts fill judge vacancy?
legislature appoints interim appointed judge (who can run for re-election as a sitting judge).
Merit Selection Plan (State Court)
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.
Stand in Retention elections require ____________ to decide whether the appointed _____________ should ____________ his or her position in office.
voters; judge; keep
Judicial Accountability
Ability of entity to remove judge from job if they don’t perform in acceptable manner
Judicial Independence
Ensuring judges are able to make case decisions based on facts/ law regardless of popular, political, financial pressure.
Decisional Accountability
Makes judges accountable for judicial rulings.
If judge ignores state law / legal precedent, they should be held accountable.
True or False: Decisional Accountability is generally considered inappropriate?
True
Behavioral Accountability
Makes judges accountable for behavior on the bench
(i.e. explicit statements, acts of bias / partiality, rudeness, lack of respect for parties).
Voter Falloff
People who vote for major offices (President, governor, etc…) but don’t vote in judicial elections.
Judicial Performance Evaluation (JPE) Programs
Evaluations, of how well judges demonstrate qualities expected of them, by people w/ experience before a judge.
Focus primarily on judges behavior.
federal judges may be removed for life for ______________, _____________, or other _______________ and _________________.
treason; bribery; high crimes; misdemeanors
Judicial Council Reform & Judicial Conduct and Disabilities Act of 1980
provides means to file complaint against judge, and discipline against judge if council deems necessary.
Judicial Disciplinary Commissions
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.
Punishment for Judge Misconduct include ____________ or ___________ ___________, ______________, or _____________ from the ____________.
private; pubic censure; suspension; removal; bench.
