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PLS 2170- Unit 2 > Chapter 9- Trial Courts > Flashcards

Chapter 9- Trial Courts Flashcards

1
Q

Courtroom Working Groups

A

The major participants are the prosecutors, defense attorneys, and judges who decide which defendants will be released on bail; what guilty pleas will be accepted; and, most importantly, what sentences will be imposed on the guilty

*represents on-going relationships
(PDJGS)

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2
Q

The hallmark of work group is __________

A

regularity of behavior

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3
Q

Plea Bargains

A

process through which defendant pleads guilty to criminal charge with expectation of receiving some consideration from the state

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4
Q

3 types of plea bargains:

A

sentencing, charging, and count bargaining

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5
Q

Sentencing Bargaining

A

defendant pleads guilty on basis of the promise of a specific sentences (lesser); most common form of plea bargaining

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6
Q

Charge Bargaining

A

defendant pleads guilty to a less serious charge than one originally specified

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7
Q

Count Bargaining

A

defendant pleads guilty to one criminal charge, and prosecutor dismisses all other pending charges

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8
Q

How cases end (3)

A
  1. police pick up/let go
  2. prosecutor ends the case—nolle prosequi
  3. Judges dismiss the case
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9
Q

In plea bargains…. the deal starts with one __________and then the actions of the defense attorney will be ___________

A

prosecutor, reactive

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10
Q

nolo contendre

A

“I will not contest it”

  • usually entered when civil proceedings are likely
  • plea of guilty cannot be admission of guilt in a civil trial
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11
Q

Prison Litigation Reform Act

A

terminated federal court supervision of state prisons

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12
Q

parole

A

conditional release from prison after portion of sentence has been served

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13
Q

Probation

A
  • less expensive than imprisonment

- designed to maintain control over offenders while permitting them to live in community under supervision

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14
Q

Principle Agent Relationships

A

is any relationship where one actor has decision-making authority, but employs a second actor to implement/represent their interests

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15
Q

Principle Agent Theory (PAT)

A

There are conditions under which an agent (attorney) will actively work against the wishes of the principles.

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16
Q

One condition of PAT

A
  1. Repeat Players
    - we know them and can predict their behavior
    - defendants voice is left out because all of the other players have been there before
    - Judge might think its a stupid case so attorney says to take a plea bargain
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17
Q

Imprisonment vs. Jail

A

Imprisonment- long term/post-trial sentence

Jail: short-term/normally pre-trial

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18
Q

Job of a Judge during a plea bargain

A

mitigator of the plea bargain…. difficult job because there are many pressures

  1. resource problems
  2. $$$
  3. Docket
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19
Q

Good job

A

days off their prison times for good behavior

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20
Q

Fines

A

Many trial courts of general jurisdiction depend quite heavily on fines, alone or as the principal component in combination with another sanction (probation, for example),in sentencing criminal defendants for a wide variety of offenses, including some generally considered serious

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21
Q

Pre-sentence Investigation

A

a recommendation for an appropriate sentence made by probate officer

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22
Q

The more serious the crime, the less one will be granted __

A

probation

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23
Q

Defendant Focus Factors
3- from the textbook
4 from class discussions
(RCSMPQ$)

A
  • records
  • circumstance
  • how serious the case is
  • media pressure
  • repeat players
  • policy questions
  • $$
24
Q

pro-contest plea

A

I plea guilty but I really don’t feel like I’m guilty

25
Q

Sentencing discrimination

A

1) race

26
Q

Sentencing disparities

A

looked at the characteristics of the defendant + the attributes of the sentencing process

27
Q

Geography of Justice

A

variations in sentencing patterns in different judicial districts within same political jurisdiction

urban areas use more probation and shorter sentences then rural areas

28
Q

One way courts have tried to fix crime rates is by being harsher about sentencing, which ____________

A

is based on how severe the crime is

29
Q

More severe penalties have caused___________

A

over crowding

30
Q

Mandatory sentencing guidelines

A
  • used in a few states
  • legislature delegates authority for developing sentence criteria to sentencing commission
  • adopted guidelines must be followed by sentencing judges
31
Q

voluntary sentencing

A
  • recommended sentencing ranges by analyzing sanctions that judges in jurisdiction have usually imposed in past
  • only advisory; do not have to be followed by other judges in future
32
Q

Federal Sentencing Guidelines

A
  • have become more visible and controversial than state (p.263)
  • controversial because they are hash + have not lowered the prison population+ unwanted disparities are still there
  • 1984 US Sentencing Commission developed guidelines for sentencing federal offenders
33
Q

Capital Punishment

A

execution of an offender sentenced to death after conviction by a court of law of a criminal offense

34
Q

Eighth Amendment

A

against cruel and unusual punishment (Furman v Georgia)

35
Q

A seven-justice majority did….

A

not contest to cruel and unusual punishment

36
Q

Bifurcated Trial

A
  • during 1st phase of trial, jury considers only issue of innocence or guilt. If the jury unanimously convicts for a crime carrying the death penalty, then the jury reconvenes.
  • 2nd phase jury considers aggravating and mitigating circumstances and deicide to impose death penalty
37
Q

States exhibit important variations in their death penalty laws. T/F

A

T

38
Q

surety bond

A

the use of a bail agent who promises to pay the defendant’s bail if he or she fails to appear for further court proceedings

39
Q

presentence investigation

A

recommendation from probation officer about the appropriate sentence

40
Q

Capital Punishment

A

death penalty

41
Q

Capital Punishment… what is finality

A

innocent put to death/ fears of wrongful conviction

42
Q

Capital punishment….Morality question

A

is it right to kill someone as punishment

43
Q

Capital punishment…. ethics of ending a life

A

not just a moral question, but a physical question

44
Q

civil liberties question

A

8th amendment prohibition on cruel & unusual punishment

45
Q

cost in the court process

A

states have to defend killing someone in the appellate phase

46
Q

discrimination

A

normative concerns: how should things be?

47
Q

8th amendment prohibition

A

narrowed the circumstances to where it is allowable

48
Q

In federal court, DP….

A

allowable penalty

49
Q

In state courts, DP…..

A

some who was prohibited death penalty, others allowable

50
Q

Statutes….

A

outlawing outright or narrowing the proscribed circumstances

51
Q

Defense focused

A

the ability to take responsibility

a) cognitive ability (IQ less then 70
(b) Age- limit usage so minors are not eligible

52
Q

Crime focused…

A

what counts as a capital crime
severity & intent of the state
jury selection issues (stack the deck of capital punishment)

53
Q

General Policy Questions

A

8th amendments

  • overcrowding
  • fairness of sentencing guidelines
  • consistency over circumstance
54
Q

There are laws in the books that are _____________

A

readily utilized

55
Q

2 problems with lethal injection

A

1) pressure of anti-capital punishment to fight against pharmaceuticals companies who sell to the state the death penalty
2) how to make sure that people are getting the right amount of pain medicine before

56
Q

Discrimination…. questions about racial bias /clacc

A

black males are disproportionality
generally w/ defendant & victims (interaction effect)
female/white victims more likely to have death penalty on the black fellas

class= resources mostly (have + have nots)

PLS 2170- Unit 2 (9 decks)

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