Chapter 7 notes pt. 3

Question 1

True or False; most judges work at the lowest level of the system, in criminal trial courts

Answer 1

True

Question 2

What are to duties of trial judges before a trial?

Answer 2

1. Whether there is sufficient probable cause to issue a search or arrest warrant
2. Whether there is sufficient probable cause to authorize electronic surveillance of a suspect
3. Whether enough evidence exists to justify the temporary incarceration of a suspect
4. Whether a defendant should be released on bail, and if so, the amount of the bail
5. Whether to accept pretrial motions by prosecutors and defense attorneys
6. Whether to accept a plea bargain

Question 3

What are the judges roles during the trial?

Answer 3

1. Role of referee

2. Role of teacher

Question 4

What does the judge do as the “role of a referee”?

Answer 4

Responsible for seeing that the trial unfolds according to the dictates of the law and that he participants in the trial don’t overstep any legal or ethical bounds

Question 5

What does the judge do as the “role of a teacher”?

Answer 5

Responsible for explaining points of law to the jury, but if it’s not a jury, then the judge must also make decisions concerning the guilt or innocence of the defendant.

Question 6

The sentencing phase gives judges the opportunity to do what?

Answer 6

make personal comments about the proceedings, if they wish to do so.

Question 7

Judges also take an _________ role, and are responsible for the day-to-day functioning of their courts

Answer 7

administrative

Question 8

A primary administrative task of a judge is ____________.

Answer 8

scheduling

Question 9

the list of cases entered on a court’s calendar and thus scheduled to be heard by the court

Answer 9

docket

Question 10

in the federal court system, all judges are appointed by the _________ and confirmed by the _________.

Answer 10

president

Senate

Question 11

election in which candidates are affiliated with and receive support from political parties

Answer 11

partisan elections

Question 12

elections in which candidates are presented on the ballot without candidates are presented on the ballot without any party affiliation

Answer 12

nonpartisan elections

Question 13

a method of selecting judges that combines appointment and election

Answer 13

Missouri plan

Question 14

The Missouri plan consists of 3 basic steps?

Answer 14

1. When a vacancy on the bench arises, candidates are nominated by a nonpartisan committee of citizens
2. The names of the three most qualified candidates are sent to the governor or executive of the state judicial system, and that person chooses who will be the judge
3. A year after the new judge has been installed, a “retention election” is held so that voters can decide whether the judge deserves to keep the post

Question 15

What is the goal of the Missouri Plan?

Answer 15

The goal is to eliminate partisan politics from the selection procedure, while at the same time giving the citizens a voice in the process.

Question 16

There is a perception that the selection process (of supreme court judges) is tied to the ______-____-_____ network rather than picking the best person for the seat.

Answer 16

good-old-boys

Question 17

Past discrimination in ____ _______ has limited the pool of experienced minority attorneys who have political ties, access to “old boy” networks, and career opportunities that lead to judgeships.

Answer 17

law schools

Question 18

Why have efforts to diversify American judges by race, ethnicity, and gender have been met with resistance?

Answer 18

Some have argued that because judges must be impartial, it makes no difference whether a judge is black, Asian, Hispanic, or white.

Question 19

In the federal court system, judges are appointed by the ________ and confirmed by the _______.

Answer 19

president

Senate

Question 20

In state court systems, however, the selection process varies. Some states mirror the federal system, with the ________ making judicial appointments with the approval of the legislature. Others conduct whether _________ elections, in which political parties openly support judicial candidates, or __________ elections, in which the candidate is not affiliated with any political group.

Answer 20

governor
partisan
nonpartisan

Question 21

A number of states rely on _________ selection, which combines appointment and election.

Answer 21

merit

Question 22

Explain briefly how a case is brought to the Supreme Court.

Answer 22

Cases decided in U.S. courts of appeals, as well as cases decided in the highest state courts (when federal questions arise), can be appealed to the Supreme Court. If at least four justices approve of a case filed with the Supreme Court, the eCourt will issue a writ of certiorari, ordering the lower court to send the Supreme Court the record of the case for review.