exam #1

Question 1

Adversarial process

Answer 1

The process used in American courtrooms, where the trial is seen as a battle between two opposing sides, and the role of the judge is to act as a sort of passive referee

Question 2

Grand jury

Answer 2

A body of 16 to 23 citizens who listen to evidence of criminal allegations, which is presented by the prosecutors and determine whether probable cause exists to believe an individual committed an offense

Question 3

Petit (trial) jury venire

Answer 3

A group of citizens who hear the evidence presented by both sides at trial and determine the facts in dispute

Question 4

Voir dire judicial review

Answer 4

The procedure by which opposing attorneys question potential jurors to determine whether the jurors might be prejudicial to their individual cases

Question 5

Judicial review

Answer 5

The power of the judicial branch to declare acts of the executive and legislative branches unconstitutional

Question 6

4th amendment

Answer 6

The right of people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures. Prohibits unreasonable searches

Question 7

5th amendment

Answer 7

The “right to remain silent”. An individual can’t be compelled by the government to provide incriminating information about yourself.

Question 8

6th amendment

Answer 8

The accused has the right to a speedy and public trial.

Question 9

14th amendment

Answer 9

This guaranteed all citizens (born or naturalized) of the United States equal protection of the laws.

Question 10

MA court hierarchy

Answer 10

District (limited), superior (general), appeal, supreme. District courts engage in fact finding. Appellate court review district court cases and are a three judge panel. The Supreme Court has original and appellate jurisdiction, and can decide whether to review a case or not.

Question 11

Establishing standing

Answer 11

Establishing that the case should be heard by the court and that there is enough evidence. If you can’t establish standing and prove that something was done wrong or someone was harmed, you can’t establish you have a case

Question 12

If you appeal a case to the court of last resort in your state and the matter is decided against you, can you always appeal to the Supreme Court? Why or why not?

Answer 12

You can appeal if you claim that your constitutional rights were violated AND if the court of last resort decided against you

Question 13

Original jurisdiction

Answer 13

The first court that is going to hear a case. Establishing a “record of fact”

Question 14

Appellate jurisdiction

Answer 14

The authority of a higher court to review the decision of a lower court

Question 15

Federal question

Answer 15

If a court case centers around the interpretation of federal law, the US constitution, or a treaty, then it contains a federal question, and the case may be heard by a US court

Question 16

Plea bargain

Answer 16

A bargain or deal that has been struck between the prosecutor and the defendant’s attorney whereby some form of leniency is promised in exchange for a guilty plea

Question 17

Common law

Answer 17

A system of law inherited from England based on legal precedents or tradition instead of statutory law or systematic legal codes

Question 18

What is the crime control model?

Answer 18

The crime control model is considered to be a conservative approach to crime that focuses on protecting society from criminals by regulating criminal conduct and justice. This model stresses strict punishment for crime. This puts fear in criminals because they know they will be harshly punished. The crime control model believed that people who are arrested are guilty and need to be punished by the government.

Question 19

What is the due process model?

Answer 19

The due process model is a liberal approach to criminal justice that favors criminal rights. Under this model, any individual that is charged with a crime is required to have their rights protected. In the due process model people that are arrested are perceived to be innocent until proven in a court of law.