CJ 101 Test 3 Flashcards
What is the primary function of appellate courts?
Review cases held by a lower court
In theory, each party involved in a courtroom dispute must have an ______ chance to present its case to a judge or jury
Equal
The primary concern of early American courts was to protect individual rights from the power of the state and the government
True
The United States has one major judicial system that all the states and federal government must be patterned after
False
Two state court systems are the most common: limited jurisdiction and general jurisdiction. What kind of cases do both courts hear?
Limited: Traffic Violations, Misdemeanors
General: Felonies, Greater Crimes
The authority of a court to hear and decide cases is called the court’s ____________
Jurisdiction
Most states make use of a __________ __________ __________, who assists with case-flow management, budgeting, and court document administration
State Court Administrator
Due process of law refers to the procedures followed by courts to ensure that a defendant’s _______________ rights are not violated
Individual
When one state law conflicts with the other, the federal courts do not usually get involved and the state courts are expected to settle the disputes by themselves
False
District Court Judges who serve for life and are appointed by the President, must also be confirmed by the ___________
Senate
Even though court case loads continue to rise every year, prior planning has allowed for sufficient judges to be in place to handle the additional cases
False
The U.S. Supreme Court consists of _______ judges
Nine
Once confirmed, U.S. Supreme Court Judges are in their positions for ________
Life
Decisions rendered by the U.S. Supreme Court must be unanimous for these decisions to become law.
False
Based on the decision in McNabb v. U.S. (1943), ____ ________ following an arrest became the standard maximum time by which a defendant must first appear before a magistrate
48 Hours
A court order where the U.S. Supreme Court orders a lower court to send it the records of a case for review is called
Writ of Certiorari
___________ is the process by which as state/country surrenders wrongdoers to the jurisdiction in which they committed a crime.
Extraditing
The term means “new trial” and is added to cases that are retried on appeal:
Trial De Novo
An ____________ is a process where a convicted defendant requests that a court with appellate jurisdiction review the decision of a lower court
Appeal
This is where a defendant is allowed to leave custody on his/her written promise to appear in court as required
Release on Recognizance (OR)
Even though a defendant may be unruly, intoxicated, or uncooperative, the law states that they are still entitled to appear before a judge and present evidence during their initial appearance
False
_________ involves the posting of a bond as a pledge that the accused will return for further proceedings
Bail
___________ __________ are hearings held in secret and the defendant is generally not afforded the opportunity to appear
Grand Jury
A defendant who pleads “nolo contendere” in a criminal court is the same as a guilty plea and may be sentenced as if they had plead guilty
True
Some surveys have found that approximately ______ of a ll criminal cases prepared for trial are eventually resolved through negotiating a plea
90%
Prosecutors rely on police to arrest suspects and gather sufficient evidence and the police rely on the prosecutors to convict those who have been apprehended
True
The primary purpose of a “prelim” is to give the defendant the opportunity to challenge the legal basis for their detention
True
If a judicial candidate comes highly recommended by a political party, the law degree requirement may be waved
False
A negotiated agreement among the defendant, prosecutor, and the court as to an appropriate resolution and associated sentence
Plea Bargaining
Any items that contain any information that has a tendency to clear a person of guilt or blame
Exculpatory Evidence
This is the decision-making power of prosecutors based on the wide range of choices available to them
Prosecutorial Discretion
Elected or appointed official who presides over a court of law who hears, decides, and conducts trials
Judge
At the time of trial, the defendant has the ability to consult with their attorney and understands the proceedings that are occurring against them
Competent to Stand Trial
This is a plea where the defendant does not with to contest conviction
Nolo Contendere
This is the movement of a trial or movement from one location to another within the same jurisdiction
Change of Venue
Individuals who have been recognized by the court as having specialized skills/knowledge in an established profession
Expert Witnesses
A licensed trial lawyer who is hired or appointed to conduct the legal defense of a person accused of a crime and to represent themselves before a court of law
Defense Counsel
The defendant’s formal answer n court regarding the charges and whether they are guilty, not guilty, or nolo contendere
Plea
A member or a trial or grand jury who has been selected for jury duty and is required to serve as an arbitrator of the facts in a court of law
Juror
These conversations are protected under attorney-client confidentiality and lawyers cannot be compelled to reveal information that their clients have confided in them
Privileged Communications
These individuals are responsible for presenting the state’s case against the defendant
Prosecutors
Participants in a criminal trial can be divided into two categories: Professionals and Outsiders. Give two examples of each group
Professionals: Judge, Prosecutor
Outsiders: Lay Witness, Victim
In our system of justice, defendants are presumed guilty until hey prove their innocence in a court of law
False
There have been several landmark cases that have held that the prosecution is required to disclose to the defense all evidence that they possess that relates to guilt or innocence of the defendant before the trial begins
True
Because of a workload, a defense attorney is usually assigned to a defendant prior to a jury trial
False
A defense counsel prefers to represent a defendant as soon as possible after an arrest to ensure that their civil rights are not violated during processing by the criminal justice system
Arrest
The defense attorney provides a counter weight against the state in our adversary system
True
There are three major categories of defense attorneys that assist criminal defendants in the United States. Name the third
Public Defenders
The witness testifying has personal knowledge of the information that they will be asked to discuss and they understand their duty to tell the truth
Competent
A process whereby, according to law and precedent, members of a particular trial jury are chosen
Jury Selection
Anything that is not based on the personal knowledge of a witness
Hearsay
At the conclusion of a court case, this is the summation of th case presented to the judge or jury by the prosecution or defense in a criminal trial
Closing Argument
Prosecutor and defense attorney question potential jurors during this process to evaluate individuals who they think might sway a jury in an undesirable direction
Voir Dire
Anything useful to the judge or jury in deciding the facts of the case
Evidence
Evidence that requires interpretation or that requires a judge or jury to reach a conclusion based on what the evidence indicates (someone running with a gun)
Circumstantial Evidence
Objects or displays that may be shown to members of the jury once they are formally accepted as evidence by the judge
Exhibits
This law requires that proceedings against a defendant must b begin within a specified period of time
Speedy Trial Act
Consists of physical material or tracks of physical activity (weapons, tire tracks, fingerprints)
Real Evidence
The elements of an offense that must be proved in court
Corpus Delicti
These are court rules that govern the admissibility of evidence at criminal hearings and trials
Rules of Evidence
Legal documents that directs the person retaining a prisoner to bring them before a judicial officer to determine if they are being illegally held or imprisoned
Writ of Habeas Corpus
Provides a fact without requiring a judge or jury to draw inferences (Eyewitness, Videotape)
Direct Evidence
Gideon v. Wainwright (1963) extended the right to appointed counsel to all indigent defendants charged with a ________ in state courts
Crime
A state public defender program is paid for by _____________
Taxpayers
If they choose to, defendants need not accept any assigned counsel and may waive their right to an attorney and undertake their own defense
True
Defense attorneys may never violate the attorney-client confidentiality privilege, even if they can prevent death or serious injury to another person
False
A written document called a ___________ officially notifies witnesses that they are ordered to appear in court to testify
Subpoena
What does the term “hung jury” mean?
When one or more jury members are not agreeing with the rest, leaving the verdict undecided
If victims take the stand in court, defense attorneys may test their memory, challenge their honesty, or even suggest that they were somehow responsible for heir own victimization
True
If a defense attorney is able to convince the court that significant ant pretrial publicity has had a negative impact on the defendant’s right to secure a fair and impartial jury, the court may grant a _______ ______ ________
Change of Venue
____________ ____ __________ rests with the prosecution to prove that the defendant did what is being alleged
Burden of Proof
The philosophy behind our adversarial system is that the greatest number of just resolutions in criminal trials will occur when both sides are allowed to argue their cases effectively before a fair trial and impartial jury
True
A defense attorney who is convinced that his client is guilty is relieved of their responsibility to offer the best possible defense for their client
False
Prosecution and defense attorneys use challenges to ensure the impartiality of the jury being impaneled. The most common challenge used is called a ___________ ___________
Peremptory Challenge
A jury that is isolated from the public during the course of a trial and throughout the deliberation process is said to be ___________
Sequestered
____________ is oral evidence offered by a sworn witness on the witness stand during a criminal trial
Testimony
Intentionally making a false statement as part of the testimony by a sworn witness in a judicial proceeding is called ________
Perjury
Because the right of a defendant to cross-examine witnesses, child victims are required to sit in a courtroom and be cross-examined by a defense attorney
False
“Just Desserts” model of sentencing is when a judge allows the bailiff to b being in 31 Flavors ice cream for the courtroom workgroup
False
This sentencing practice is a model of criminal punishment that encourages rehabilitation through the use of general and unspecific sentences (one to ten years)
Indeterminate Sentencing
Information about a defendant’s background often comes to the attention of the judge in this document
Pre-Sentence Investigation
Aggravating circumstances are those items that make the commission of a particular crime more serious than the average instance of that crime
True
A structured sentencing scheme that allows no leeway in the nature of the sentence imposed
Mandatory Sentencing
Peremptory challenges used in the jury trial process are limited in the number and the final responsibility for deciding whether a potential juror should be excluded rests with the judge
True
When a sentence for multiple crimes is given out by a judge and he advises the defendant that they will be served one after the other, this is called __________ sentences
Consecutive
If, while in prison, an inmate exhibits “good behavior” and is not involved in any negative behavioral incidents, they will get what is called ______ __________ credit which can lead to having to spend less time in jail
Good Behavior
_____________ ___________ are those items which indicate that a lesser sentence is called for and they may be considered to reduce the blameworthiness of the defendant
Mitigating Circumstances
Approximately ________ of all court sentences are the result of guilty pleas and the large majority of these pleas stem from plea negotiations
90%
What is the difference between determinate and indeterminate sentencing? Explain your answer
Determinate sentencing is a specific sentencing, such as 5 years. Indeterminate sentencing is not specific, and the judge may sentence them from 1 to 10 years.
There is a Supreme Court case (Apprendi v. New Jersey - 2000) that states that any fact that increases the penalty for a crime “is an element of that crime” and it therefore must be submitted to a jury for review and proved beyond a reasonable doubt
True
There are exceptions to the Hearsay Rule when the person with the direct knowledge is dead or is otherwise unable to testify
True
When a sentence for multiple crimes is given out b y a judge and he advises the defendant that they will be served at the same time, this is called ____________ sentences
Concurrent
Briefly explain what the “Three Strikes Law” is
If you are convicted of three crimes, on the third one, you will get a much longer sentence than usual (e.g. 25 years for stealing chips)
While conducting a resentence investigation (PSI), and because of the confidentiality restrictions, investigators must first check with the defendant and receive, in writing, the defendant’s permission to access any records
True
One of the oldest forms of punishment in our criminal justice system is ________
Fines
The _______ ___________ is the most extreme sentencing option available for a judge or jury
Death Sentence
