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Criminal Justice > Chapter 8,9,10 > Flashcards

Chapter 8,9,10 Flashcards

1
Q

Federal Court System structure

A
  1. United States District Courts, 2. United States Courts of Appeals, 3. United States Supreme Court
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2
Q

State Court System structure

A
  1. Court of limited jurisdiction, 2. Courts of general jurisdiction, 3. Courts of appellate jurisdiction, 4. Court of last resort
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3
Q

Dual Court System

A

2 courts; Federal court system and State court system

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4
Q

Jurisdiction

A

refers to the geographic area it covers, the subject matter it deals with, and its place in the hierarchy of the court system

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5
Q

Appellate Jurisdiction

A

The appeals courts; Limited to matter of appeal and review from lower courts and trial courts

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6
Q

Original Jurisdiction

A

the power to hear and decide a case before any appellate review

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7
Q

Trial de novo

A

new trial, hear lower court case in trial de novo

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8
Q

Federal District Courts

A

Trial courts of the federal system and the District of Columbia- the courts of general jurisdiction; Jurisdiction over cases involving violations of federal law; try cases that involve compromises of nation security

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9
Q

Stare Decisis

A

let the decision stand

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10
Q

“Rule of Four”

A

4 out of 9 usually have to agree that your case has merit; that what you claimed in your appeal has ground for judicial review

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11
Q

Writ of Certiorari

A

a writ of review issued by the Supreme Court to “forward up the record” of a case it has tried so that the Supreme Court can review it

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12
Q

Going rate

A

The normal sentence for a specific type of crime

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13
Q

Missouri Plan

A

a way of picking judges that combines selection with election

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14
Q

Nolle Prosequi

A

a voluntary dismissal of criminal charges by the prosecution, or dismissal of a civil lawsuit

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15
Q

Selection of Judges

A

In partisan elections, the party affiliation of the candidate is indicated on the ballot, whereas in nonpartisan elections it is not; appointed the president and confirmed by senate and serve for however long they want

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16
Q

Prosecutorial roles

A

to counsel for the police; to represent and enforce due process; the elected official responsive to public opinion and concern

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17
Q

Discovery Process

A

pre-trial procedure; a request to examine the physical evidence, evidentiary documents, and lists of witnesses that the prosecutor has;

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18
Q

Expert witnesses

A

people that give actual facts and know exactly what happened

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19
Q

Jury Nullification

A

occurs when juries do not follow the court’s interpretation of the law in every instance, consider the application of certain laws to be unjust, refuse to convict because they consider the penalties too severe, or otherwise “nullify” or suspend the force of strict legal procedure.

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20
Q

voir dire

A

“speak the truth”; the process through which potential jurors from the venire are questioned by either the judge or a lawyer to determine their suitability for jury service

21
Q

real evidence

A

physical details and objects, (DNA, fingerprints, appearance of crime scene, etc.); may be original object or facsimile representations (photographs, tire tracks, etc.)

22
Q

testimonial evidence

A

sworn, verbal statement of witnesses; all real evidence is is accompanied;

23
Q

direct evidence

A

eyewitness evidence; testimony from a witness that he or she saw them doing something illegal

24
Q

circumstantial evidence

A

evidence from which a fact can be reasonably inferred;

25
Q

Release on Recognizance (ROR)

A

promise to the court by the accused to attend all required judicial proceedings and to refrain from any illegal activity or other prohibited conduct as set by the court

26
Q

10% cash bail or Surety bond

A

an agreement by a third party to be responsible for the bail debt of the defendant; bail bond agent provides this service; the defendant typically must pay the agent 10% of the bail amount and agent keeps the amount whether defendant shows in court or not

27
Q

citation release

A

issuing of a citation or ticket by an arresting officer, informing the arrestee that he or she must appear on an appointed court date; no financial security and immediately after arrest

28
Q

property bond

A

allows the accused or a person acting on his or her behalf to pledge real property that has a value at least equal to the amount of bail; if the accused fails to show in court, they can foreclose on the property to recover bail money; only available in few jurisdictions

29
Q

cash bonds

A

used in jurisdictions where the only form of bail the court will accept is the total amount in cash; holds this money until case is concluded

30
Q

lay witness

A

testify what they heard and what they saw; not accurate

31
Q

legal sufficiency

A

when the prosecutor worries about if they’ll have enough evidence to bring charges against the defendant

32
Q

system efficiency

A

aims at speedy and early disposition of a case; each case is evaluated in light of the current caseload pressures and the resources available

33
Q

trial sufficiency

A

a case is accepted and charges are made only when enough evidence has been gathered to ensure a conviction during trial

34
Q

plea bargaining

A

consequence: you accept a plea bargain you lose the right to appeal your case
90% of cases result in plea bargain before going to trial

35
Q

charge reduction

A

charged with a 1st degree felony but plea a 2nd or 3rd degree

36
Q

count reduction

A

8 separate counts of crime, but it was one action so its reduced from 8 separate crimes to 1 crime and you have to plea and get rid of the other 7

37
Q

label change

A

change your label to make it look better on your record

38
Q

sentencing recommendation

A

if the convicted cooperates, the prosecutor can recommend to the judge that he/she gives you suspension or probation

39
Q

3 strike law

A

if you commit a crime and the judge has seen you before you can plea guilty and get a lesser sentence but if you don’t plea guilty they’ll sentence you with prison for life

40
Q

Assigned counsel

A

ad hoc: every registered attorney in the county goes on a list and judges chooses (bad because it could be a criminal case and you could get a divorce lawyer); coordinated: only the people who want to: only certain cases are on the list; state must give you an attorney if you can’t afford one but they make sure you can’t afford one with a trial. contract with private firm/attorney: pick a law firm in town and handle all of the assigned cases

41
Q

retained counsel

A

Defendant hires a private firm or a private lawyer; most can’t afford it, even crappy lawyers; $150/hour minimum for most, homicide defense can run $100k to 125k, simple could be 20 to 30k

42
Q

public defenders

A

thought of as law firms with only criminals as clients; big cities; represent vast majority of defendants; paid for with tax dollars; organized along county or state lines; serve 68% of the population; lawyers develop some expertise because of daily contact with the criminal law

43
Q

Powell v. Alabama

A

group of african american boys were on a freight train through alabama and got accused of raping 2 white women; conviction was sentenced to death

44
Q

Gideon v. Wainwright

A

charged in florida state with a felony: having broken into and entered a poolroom with the intent of committing a misdemeanor. appeared in court without a lawyer and requested one. represented himself in court. found guilty

45
Q

Argersinger v. Hamlin

A

indigent charged with carrying a concealed weapon (misdemeanor). 6 months in jail and $1000 fine. not represented in trial

46
Q

Arraignment

A

charges against the accused are read, defendant asked to enter a plea, accused formally advised of their rights, police can’t just hold you for the hell of it, can only be held for 48 hours after booking, can’t use as a contest to guilty

47
Q

pre-trial motions

A

motion to quash a warrant, motion to suppress/exclude evidence, motion for severance, motion to dismiss, motion for discovery of evidence, motion for change of venue

48
Q

Bail purposes

A

to ensure that the accused appears in court for trial

49
Q

Stages of Criminal Trial

A
  1. opening statements 2. presentation of the state’s case 3. presentation of the defense case 4. rebuttal and surrebuttal 4. closing arguments 5. charging the jury 6. deliberation and verdict

Criminal Justice (2 decks)

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