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Intro to CJ > Chp. 7-9 > Flashcards

Chp. 7-9 Flashcards

1
Q

During the American Rev. what were courts used for?

A
  • used to dispute unjust laws imposed by England

ex. taxing paper and tea, taxing various other goods, taxing trade with non-english nations

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2
Q

4 levels of state court jurisdiction

A
  1. limited (lowest level)
  2. general: trial courts where most cases are heard
  3. intermediate appellate courts
  4. courts of last resort (state supreme court)
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3
Q

3 levels of federal court jurisdiction

A
  1. district courts and court of appeals
  2. US court of appeals
  3. supreme court of US
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4
Q

the US supreme court can hear an appeal of any case involving:

A
  1. federal law
  2. suits between states
  3. cases involving interpretations of the US constitution
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5
Q

the Grand Jury

A
  • used by federal gov. +about 1/2 of the states as part of their pretrial process
  • consists of private citizens, typically 23 of them
  • designed to serve as filters to eliminate from processing cases with no suffiecient evidence
  • have the authority to supeona witnesses

began in 1166 in England

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6
Q

Pretrial Activities

A

criminal cases consist of several phases, starting from initial arrest to trial to sentencing and possible appeal
1. arrest
2. booking
3. bail
4. first appearance
5. arraignment
6. pretrial release
7. plea bargain

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7
Q

4 purposes for first appearance

A
  1. for the defendant to receive formal notification of the criinal charges against them
  2. to be formallt advised to their rights under the constitution
  3. to have the ipportunity to obtain an atttorney ot the have one appointed to represent them
  4. to be given the opportunity for bail if applicable
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8
Q

2 purposes of bail

A
  1. to ensure the appearance of the accused at required court dates
  2. it is supposed ot prevent persons not convicted from suffering imprisonment unnessarily
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9
Q

7 alternatives to cash bail

A
  1. ROR: release an recognizance
  2. property bond
  3. deposit bail
  4. conditional release
  5. third party custody
  6. unsecure bonds
  7. signature bonds
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10
Q

alternative to cash bail

ROR

release on recognizance

A
  • does not require cash bond
  • requires defendant to agree in writing to return for any subsequent court preceedings required by court
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11
Q

altrernative to cash bail

property bond

A
  • can be used as substitute for other items of value in lieu of cash
  • real estate, land, car, stocks, bonds
  • forms of property may be relegated to the court to ensure defendants appearance
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12
Q

alternative to cash bail

deposit bail

A
  • court allows defendent to deposit a percentage of the full bail amount wiht court
  • courts typically will return the amount to the defendant exceppt for small (1%) administrative fee
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13
Q

alternative to cash bail

conditional release

A
  • impose a set of requirements on the defendant that might include: drug treatment, protective orders, getting a job, etc.
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14
Q

alternative to cash bail

third party custody

A
  • court assigns custody of the defendant to an individual or an agency that assures their appearance at subsequent court dates
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15
Q

alternative to cash bail

unsecure bonds

A
  • a court determined dollar amount of bail
  • the defendant agrees in writing that failing to appear will result in forfeiture of the entire amount which might be taken by seizing property
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16
Q

alternative to cash bail

signature bond

A
  • authorized a defendants released based on the defendants written promise to appear
  • involve no particular assessment of how dangerous a defendants may be or how likely the defendant is to make court appearances
  • only used for minor offenses
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17
Q

2 purposes of early intervention programs

A
  1. collect and present info about defendants who have just been arrested and what release options or programming are availiable that can be used to help court officials decide pre-trial release options
  2. help supervise defendants who have ben released prior to their trials to ensure they fulfill any court ordered conditions of release
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18
Q

2 purposes of arraignment

A
  1. formally advise the defendant of the specific nature of the charges against them
  2. give defendant the opportunity to enter a plea if they choose to do so
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19
Q

plea bargaining

A

process of negotitation involving the defendant, prosecution and defense cousel
- an agreement where the defendant pleas guilty in order to reduce charge

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20
Q

types of plea bargaining

A
  1. guilty
  2. not guilty
  3. nolo contendere: no contest
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21
Q

the court room work group

A

professionals who are experienced in criminal trial courtroom practice and who are authorized to conduct the business of and for the court

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22
Q

professionals within the court

A
  • judges
  • prosecutors
  • defense counsel
  • public defenders
  • police officers
  • baliffs
  • court clerks
  • court reporters
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23
Q

judges

A
  • either elected or appointed
  • perside over a court of law
  • have the authority to hear and conduct trials as well as sometimes decide cases
  • issues rules of law
  • weighs objections from both prosecution and defense
  • decides admissibility of evidence
  • decide guilt or innocence
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24
Q

how judges are selected

A
  • federal judges must be nominted by the president of the united states and confirmed by thte senate
  • state judges are either appointed or elected depending on state law and jurisdiction
  • the only states that appoint rather than elect state judges are connecticut, georgia, maine, south carolina, vermont
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25
Q

5 methods of state judicial selection

A
  1. partisan
  2. nonpartisan
  3. legislative
  4. gubernatorial
  5. assisted appointment
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26
Q

method of state judicial selection

partisan

A

judges who are elected by the people and canidates are listed on the ballot alongside a label designating political party affiliation

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27
Q

method of state judicial selection

non-partisan

A

judges who are elected by the people and canidates are listed on the ballot without a label designating party affiliation

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28
Q

method of state judicial selection

legislative

A

judges who are elected by teh state legislative

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29
Q

method of state judicial selection

gubernatorial

A

judges who are appointed by the governor
- in some cases approval from the legislative body is required

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30
Q

methods of state judicial selection

assissted appointment

merit selection or missouri plan

A

a nominating commission reviews the qualifications of judicial canidates and submits a list of names to the governor who appoints a judge from the list
- after initial term the judge must be confirmed by the people in yes-no retention election to continue serving

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31
Q

prosecuting authority

A

legally authorised representations of the people due to the belief that violations of the criminal law are an offense not only against the victim but also are a violation against the public
- except for federal prosecutors and solicitors

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32
Q

examples of prosecuting authority

A
  • district attorney
  • states attorney
  • county attorney
  • commonwealth attorney
  • solicitors
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33
Q

3 types of discretionary decisions by prosecutors that are always innapropriate

A
  1. accepting guilty pleas for personal gains
  2. decisions not to prosecute friends or associates
  3. overzealous prosecution to get high visibility
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34
Q

defense attorney

A

a laywer whose job it is to represent the defendant after arrest and to see that the defendants civil rights are protected during processing by the criminal justice system
- represent their client and safeguard their constitutional rights
- prepare competent defense

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35
Q

3 types of defense counsel

A
  1. private attorneys
  2. counted appointed counsel
  3. public defenders
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36
Q

private attorneys

A
  • typically work for law firms or have their own legal practice
  • charge between $100 to $200 an hour and charge for prep time and work in courtroom
  • very few law school students choose to practice in the criminal field while most opt for civil work
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37
Q

counted appointed counsel

A
  • mandated that defendants who without the ability to pay for a private criminal defense attorney, must recieve competent legal representation during all stages of criminal justice
  • 6th amendment guarantees all criminal defendants the effective assistance of counsel
  • powell vs. alabama (1932)
  • johnson vs. zerbst (1938)
  • gideon vs. wainwright (1963)
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38
Q

3 methods to fulfill the requirement for an indigent defense

A
  1. assigned counsel
  2. public defenders
  3. contractual arraignment
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39
Q

public defenders

A
  • employed by state to represent indigent defenders
  • rely on full tim salaried staff including defense attorneys,, defense investigators and office personnel
  • used in 64% of countries nationwide
  • 28% of state jurisdictions nationwide exclusively use public defender programs
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40
Q

contractional arrangements

A

work with country and state officials to make arrangements for local attorneys to provide representation for indigent defenders on a contractual basis

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41
Q

police officers

A
  • considered as lay/fact witnesses in a trial
  • a few are designated as an expert witness
  • as a lay/fact witness their testimony is generally confined to basic facts concerning the case
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42
Q

expert witness

A
  • have knowleged and expertise beyond ordinary lay person
  • permits them to give testimony concerning an issue that requires specific knowledge to understand
  • can be called by either the prosecution or the defense
  • permitted to give opinion testimony which non-expert witness may be prohibited from testifying to
43
Q

the baliff

A
  • typically law enforcement officer also referred to as a court officer
  • many jurisdictions have specific agencies whose sole purpose is to provide security int he courthouse
  • play crucial role in the security of the courtroom as well as courthouse
  • maintain order in courtroom
  • secure witnesses
  • annouce judges entry into the courtroom
44
Q

the court reporter

A
  • create and maintain order during the trial
  • professionallu licensed/certified to record court proceedings
  • record speken words using a phoneiyc code on stenotype machine
45
Q

the count clerk

A
  • manage the clergical functions related to the courts
  • have both administrative duties and in trial activities
  • maintain case records
  • perpares jury pool
  • isues jury summons
  • supeonas witnesses
  • marks and maintains physical evidence
46
Q

the non-professionals of the courtroom

A
  • victims
  • defendants: they choose a defense attorney, chooses info to disclose, decides what plea to enter, decided whether or not to file an appeal in the event of conviction
47
Q

fact witnesses

A

may have witnessed a crime or came upon a crime scene shortly adter the crie was perpetrated

48
Q

jurors

A
  • can be selected for either trial or grand jury and tasked with job of making a decision based on facts presented in court of law
  • 6 to 12 people
49
Q

jury selection

A
  • typically selected from voter registration records, tax, records, or motor vehicle records
  • “voir dire”
  • prosecution and defense challeges jurors
50
Q

Voir Dire

tell the truth

A

the judge, prosecution, and defense screen potential jurors

51
Q

challenging the jurors

A
  • prevention for including biased jurors both prosecution and defense can challenge the selection of certain number of jurors
52
Q

peremptory challenges

A

permits prosecution adn defense to remove prospective jurors from consideration without a cause

53
Q

jury sequestration

A

designed to limit jurors exposure to the media to avoid influencing their objectivity also used to protect juroros from exposure to bribes threats or undue persuasion

housed in a hotel for the length of trial + access to media monitored

54
Q

2 types of guilt

A
  1. factual
  2. legal
55
Q

factual guilt

A

being able to prove whether the defendant is truly responsible for the crime they are accused of

56
Q

legal guilt

A

more ambiguous, proven only when the prosecution has presented evidence that is sufficient enough to convince jury or judge that the defendant is guilty

57
Q

adversarial system

prosecution vs. defense

A

the central to this system is the advocacy model

calls for both sides of the case to have legal representation

58
Q

stages of criminal trial

A
  • trial intiation
  • opening statement
  • presentation of evidence
  • testimony of a witness
  • objections
  • final or closing statement
  • charging the jury
  • the verdict
59
Q

stage of criminal trial

trial intiation

A

indicates that the trial will begin within a reasonable period of time

60
Q

the speedy trial act

1974

A

allows for the dismissal of criminal charges in cases where the prosecution does not seek an indictment or info within 30 days of arrest or when a trial does not begin within 70 working days after indictment or initial appearance for defendants who plead not guilty

61
Q

stages of criminal trial

opening statement

A
  • made by prosecution and defense
  • serve the purpose of advising the jury of what evidence the attorneys for both sides are planning to present and what they intend to prove
  • prosecution always gets the first
62
Q

presentation of evidence

A
  • the gov or state is first given the opportunity to present the eviednce with the intention of proving the defendents guilt
  • once the prosecution has presented their evidence and rested their case, the defense is then given the chance to present evidence they belive is favorable to the defendant
63
Q

3 types of evidence

A
  1. direct evidence
  2. circumstancial evidence
  3. real evidence
64
Q

direct evidence

A
  • prove fact without requiring judge or jury to draw inferences, can include info from photo of video
  • can include testimonial evidence from witness
65
Q

circumstancial evidence

A
  • indirect and does require an inference to draw conclusions
66
Q

real evidence

A
  • may be direct or circumstancial
  • refers to physical material or indications of physical activity
67
Q

probative value

A

the value that eviednce has in proving or disproving guilt

68
Q

stage of criminal trial

testimony of a witness

A
  • evidence tnat is offered orally by a swarn witness on the witness stan during a criminal trial
  • direct and cross examination
69
Q

testimony of a witness

direct examination

A

the first round of questions asked by prosecutor to their witness
- leading questions are not permitted

70
Q

testimony of a witness

cross examination

done by defense after direct examination

A

exposes any inconsistencies, contradictions, or uncertanties in the witness testimony
- limited to questions asked during direct examination
- leading questions are permitted

71
Q

objections

A

prosecution or defense may raise objections to questions posed by the other side that seem to violate the rules of evidence
- judge must rule on these objections

72
Q

objection

sustained

A

the questioner must withdraw the question and the jury must disregard it and any response made by the witness

73
Q

objection

overruled

A

the question is deemed proper and questioning continues

74
Q

stages of criminal trial

final or closing arguments

A

both prosecution and defnse are given the opportunity to summarize their overall presentations to the jury
- provides jury a chance to review and analyze the evidence presented

75
Q

stages of criminal trial

charging the jury

A

judge instructs jury to deliberate upon the evidence until they decide a verdict
- judeges may also provide a summary of evidence presented
- once jury has been charged jurors have a private deliberation

76
Q

stages of criminal trial

the verdict

A

to find the defendant guilty of a crime, the jury must agree that guilt has been proven beyond a reasonable doubt

77
Q

professional jurors?

A

advantages:
- dependability
- knowlege
- equity
paid by the gov annd expected to have the expertise to sit on jury

78
Q

how many more cases do state courts handle than federal courts?

A

30%

79
Q

which of the following is NOT under federal court jurisdiction

A

motor vehicle law

80
Q

trial level federal courts are known referred to as…

A

US district courts

81
Q

the term used for when the Supreme Court hears a case is…

A

judicial review

82
Q

what is the average tenure of a Supreme Court Justice?

A

16 years

82
Q

a requirement to be on the Supreme Court of the United States

A

be nominated by the president

83
Q

standards of grand jury

A
  • determines probable cause
  • does not decide guilt or punishment
  • majority decision
84
Q

standards of grand jury

A
  • determines probable cause
  • does not decide guilt or punishment
  • majority decision
85
Q

standards of trial jury

A
  • unanimous decision
  • decides innocence or guilt
  • proof beyond reasonable doubt
86
Q

why are some judges in the U.S. incentivised to put people in jail?

A

because they are elected

87
Q

which of the following is NOT one of the elements of a court diversion contract?

A

a period of incarceration

88
Q

what is the main reason for the initial shift for the courts to use plea bargains?

A

courts were unable to process all of the cases

89
Q

the gate keeping process discussed is referred to as?

A

prosecutorial discretion

90
Q

at what point in history did plea bargaining appear in courtrooms?

A

after the civil war

91
Q

prosecutorial immunity

A

the prosecutor cannot be sued in civil court

92
Q

Which of the following is the most important job for a criminal defense attorney?

A

safeguard the rights of the client

93
Q

what other amendment was greatly expanded as a result of the Gideon decision?

A

14th

94
Q

what percentage of arrested people qualify for a public defender?

A

80%

95
Q

how long does the average trial last?

A

1-2 days

96
Q

Which of the following would prevent someone from being found factually guilty?

A

alibi

97
Q

when charged with a crime, is more inclined to choose a bench trial over a jury trial?

A

police officers

98
Q

Which of the following is NOT an example of direct evidence

A

a witness saying they saw a car speeding away from the crime scene

99
Q

what is the average tenure of a Supreme Court Justice?

A

16 years

100
Q

Which of the following cases won a conviction based on circumstantial evidence?

A

scott peterson for murdering his wife laci peterson and unborn son connor

101
Q

the facial recognition software that the Chicago Police Department uses is called?

A

Neoface

102
Q

what color indicates a positive reaction for blood using the Kastle-Meyer test?

A

pink

102
Q

one of the most important things to demonstrate to the jury during closing arguments is…

A

credibility

Intro to CJ (3 decks)

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