Criminal Courts

Question 1

Adversarial model

Answer 1

two sides argue against each other; truth revealed by trial confrontation; model of justice

Question 2

Consensus model

Answer 2

efficient and quick model of justice; most cases are disposed of by plea argument

Question 3

Crime control model

Answer 3

emphasis on rapid arrest, screening, charging, acquittal or conviction, and sentencing

Question 4

Due process model

Answer 4

stresses need to protect suspects against the power of police, prosecutors, and judges

Question 5

Defense attorneys

Answer 5

Private or public lawyers

Question 6

Public defenders

Answer 6

lawyers paid by the government to represent indigent defendants; handle mostly criminal cases

Question 7

Gideon v. Wainwright (1963)

Answer 7

USSC case; Sixth Amendment guarantees individuals charged with felony access to a lawyer in a criminal prosecution; brought from federal level to state

Question 8

Types of assigned counsel assigned when you can’t afford

Answer 8

Assigned counsel, Contract attorneys, Full time public defenders

Question 9

Assigned counsel

Answer 9

judge-appointed private lawyers; small cities that can’t justify a public defender system

Question 10

Contract attorneys

Answer 10

private lawyers, firms, or bar associations contract with state or local governments

Question 11

Full-time public defenders

Answer 11

salaried lawyers paid by the government to work full-time; the primary only job; PD services created to counter prosecutors to have accurate representation at trial and sentencing

Question 12

Prosecutor/District Attorney

Answer 12

elected; keen on winning cases so high plea bargaining rates; represents the government in criminal cases

Question 13

3 explanations for pursuing a case

Answer 13

Strength of case - how much evidence do they have, if weak they don’t pursue
Seriousness of offense - more likely to pursue when the perp used a weapon, if the victim is injured, and if the victim is young
Credibility of victim - are they believable, are they willing to come forward and provide more detail

Question 14

Grand Jury

Answer 14

Panel of citizens who determine whether there is sufficient evidence to proceed trial; (intended to protect the accused from the prosecutors)

Question 15

Plea Bargaining

Answer 15

defendant pleads guilty (or no contest) in return for promise to receive some benefit from state; Reduce in charge, count, or sentence bargaining; Primary mechanism for determining guilt; Over 90% of cases end in plea deal

Question 16

Pretrial Activities (all occur before the criminal trial)

Answer 16

First appearance - Brought before a judge, offered a lawyer, have to occur within the first 48 hours after their arrest; Pretrial release or detention or bail

Grand jury preliminary hearing, or both - Information or indictment; preliminary hearing if they don’t have a grand jury, look for probable cause to hold a defendant before trial

Arraignment and Plea - accused now considered formally arraigned; generally brief, inform the defendant of their charges and allow the defendant to give a plea; either guilty, not guilty, or no contest;
plea bargaining