Chapter 7: The Court System Flashcards
During the American Revolution the courts were used as a forum to dispute unjust laws imposed by England such as:
Taxing paper & tea
Taxing various other goods
Taxing trade with non-English nations
Four Levels of State Court Jurisdiction
- Limited – lowest level
- General – trial courts where most cases are heard
- Intermediate Appellate Courts
- Courts of Last Resort – also known as State Supreme Courts
Three Levels of Federal Court Jurisdiction
- District Courts and Court of Appeals
- United States Court of Appeals
- Supreme Court of the United States
The United State Supreme Court can hear an appeal any case involving:
- Federal law
- Suits between states
- Cases involving interpretations of the US Constitution
The Grand Jury
- Consist of private citizens, typically 23 in number, whose job is to hear evidence presented by the prosecution
- Grand juries are designed to serve as filters to eliminate from further processing any cases that don’t have sufficient evidence.
Pretrial Stages
- Arrest
- Booking
- Bail
- First appearance
- Arraignment
- Pretrial Release
- Plea Bargain
Purposes of the First Appearance
- For the defendant to receive formal notification of the criminal charges against them
- To be formally advised of their rights under the constitution
- To have the opportunity to obtain an attorney or to have one appointed to represent them
- To be given the opportunity for bail if applicable
Two Purposes of Bail
- To ensure the appearance of the accused at required court dates.
- It is supposed to prevent persons not convicted from suffering imprisonment unnecessarily.
Alternatives to Cash Bail
- R.O.R. = Release on Recognizance
- Property Bond
- Deposit Bail
- Conditional Release
- Third-party Custody
- Unsecured Bond
- Signature Bond
2 Purposes of Early Intervention Programs
- To collect and present information about defendants who have just been arrested and what release options or programming are available that can be used to help court officials decide pretrial release options.
- To help supervise defendants who have been released prior to their trials to ensure they fulfill any court ordered conditions of release.
Two Purposes of Arraignment
- To formally advise the defendant of the specific nature of the charges against him or her.
- To give the defendant the opportunity to enter a plea if they choose to do so.
Plea Bargaining
Plea bargaining is the process of a negotiation involving the defendant, prosecutor and defense counsel. Plea bargains are an agreement where the defendant pleas guilty, usually to a reduced charge, in exchange for a reduced punishment.
90-95% of all criminal cases are handled with a plea bargain.
Types of Pleas
- Guilty
- Not guilty
- Nolo contendere = “no contest”
How many more cases do state courts handle than federal courts?
30%
Which of the following is NOT under federal court jurisdiction
Motor Vehicle Law
Trial level federal courts are known referred to as
Unites States District Courts
The term used for when the Supreme Court hears a case is
Judicial Review
What is the average tenure of a Supreme Court Justice?
16 years
Which of the following is a requirement to be on the Supreme Court of the United States?
Be nominated by the President of the United States
Match the standards to the appropriate jury
Trial Jury
- Proof Beyond a Reason Doubt
- Decides Innocence or Guilt
- Unanimous Decision
Match the standards to the appropriate jury
Grand Jury
- Determines Probable Cause
- Does Not Decide Guilt or Punishment
- Majority Decision
Why are some judges in the U.S. incentivized to put people in jail?
Because they are elected
Which of the following is NOT one of the elements of a court diversion contract?
A period of incarceration
What is the main reason for the initial shift for the courts to use plea bargains?
Courts were unable to process all of the cases
