Exam 2 Flashcards
courts of appellate jurisdiction
- aka appeal courts
- limited in their jurisdiction to matter of appeal from lower courts and trial courts
courts of general jurisdiciton
- aka the major trial courts, have the power and authority to try and decide any case, including appeals from a lower court
courts of limited jurisdiction
- aka lower courts
- try minor offenses, such as traffic infractions and misdemeanors
courts of record
a full transcript of the proceedings is made for all cases (seen in trial courts because the adjudication process generally adheres to the principles of procedural criminal law and due process)
dual court system
one at the state level and one at the federal level
judicial circuit
an organizational assignment of several jurisdictions into one
justice of the peace
a magistrate appointed to hear minor cases, perform marriages, grant licenses, etc., in a town, county, or other local district.
trial de novo
- the system of new trials
U.S. courts of appeals
- appeals from the U.S. district courts move up to the next step in the federal judicial hierarchy
- each court located in a regional circuit
U.S. district courts
created by the federal Judiciary Act
- are the trial courts of the federal system - the courts of general jurisdiction
- have jurisdiction over cases involving violations of federal laws (bank robbery, civil rights abuses, mail fraud)
U.S. magistrates
lawyers whose powers are limited to trying lesser misdemeanors, setting bail in more serious cases, and assisting the district courts in various legal matters
U.S. Supreme Court
- highest court in the nation
- ## composed of 9 justices
writ of certiorari
- a writ of review issued by SCOTUS ordering a lower court to forward up the record of a case it has tried so that the Supreme Court can review it
bail
a form of security, typically financial, guaranteeing that a defendant in a criminal proceeding will appear and be present in court at all required times
- amount determined by judge or mandated by ordinance or statue and is typically determined at the time of arrest
double jeopardy
- two trials for one offense
- aimed to restrain the government from repeatedly prosecuting an accused person for one particular offense
evidence
any type of proof, including witnesses, records, documents, concrete objects, and circumstances
grand jury
12 to 23 jurors with the purposes to investigate and protect citizens from unfair accusations
guilty
- guilty plea, whether negotiated or not, has several consequences
- admission of guilt and surrender of the entire array of constitutional rights designed to protect a criminal defendant
indictment
a formal charging document issues by a grand jury on the basis of evidence presented to it by the prosecutor
information
a document filed by the prosecutor that states the formal charges, the statutes that have been violated, and the evidence supporting the charges
- generally filed at the preliminary hearing, and the judge then determines whether there is probable cause for further processing
mistrial
a discharging of the jury without a verdict
- a mistrial is the equivalent of no trial at all, and it is for this reason that initiating a new trial does not constitute double jeapardy
motion
a formal application or request to the the court for some action, such as an order or rule
- purpose is to gain some legal advantage, and most are initiated by the defense
nolo contendere
- “no contest”
- essentially a guilty plea
- entails the surrendering of certain constitutional rights and conviction is immediate
- technically no admission of guilt, which protects the accused in civil court should the victim subsequently sue for damages
not guilty
- the most common plea
- the full burden is on the state to prove the charges beyond a reasonable doubt
- standing mute at arraignment by failing or refusing to make a plea is presumed to be an entry of not guilty
not guilty by reason of insanity
- generally not to the advantage of the accused, for it is an admission of guilt accompanied by the claim that the defendant is not culpable in the eyes of the law because of insanity at the time he or she committed the crime
speedy trial
- helps prevent individuals accused of crimes from indefinite incarceration as they await trial
- no clear definition of speedy
status offenses
specific acts (truancy, running away) and general conditions (incorrigibility, uncontrollable behavior) that are unique to the status of being a juvenile
surety bond
money from a bail bond agent put up to secure a defendant’s release
venire
the writ that summons jurors
- refers to the list of potential jurors who are eligible for a given period of service
voir dire
- means “to speak the truth”
- generally refers to the voir dire examination, which involves questioning by the prosecutor, defense attorney, and sometimes the judge in order to determine a candidate’s fitness to serve
silos
- ex: law enforcement, courts, and corrections
- the processing of individuals amounts to a series of handoffs
why are silos bad
one of the primary reasons there is a lack of accountability and that no one is responsible for public safety, crime prevention, and recidivism reduction
- it’s not a system it’s an amalgamation
emphasis of the CJ
- crime control, due process, behavioral change/diversion/rehab
crime control
- aka tough on crime
- primary approach is punishment/control based on retribution, revenge, anger, accountability, justice, eye for an eye, just deserts
- has been the model for the past 55 years
- begain the late 1960s/early 1970s
T or F: a minority of offenders commite a majority of the crimes
true
specific deterrence
the individuals actually receiving the punishment
general deterrence
the general public made aware of what will happen if we engage in crime
deterrence theory
argues that punishment can deter if the punishment is swift, certain, and severe
what two things are the core of crime control
deterrence and punishment
due process
- the business of the courts
- defines the rules regarding how the justice system lawfully conducts business
- defined in the code of criminal procedure
- revolving due to decisions by SCOTUS or appellate courts in the states
which amendments deal with due process
4, 5, 6, 8, and 14th
_______ is what we do, _______ is how we do it
crime control ; due process
issue with fourth amendment
“unreasonable” hasn’t been defined, left to the courts to determine what is and isn’t unreasonable
- doesn’t tell us what happens if cops conduct and unlawful search
search warrants
- authorized by a judge
- law enforcement involved with courts
- specify who and where will be searched and what specifically is being looked for
consent searches
the police ask if they may search you, your car, backpack, etc and if you give consent, that that is a lawful, warrantless search
plain view search
lawful warrantless search of anything, anywhere that’s in plain view (when you get pulled over at night and cop shines car through car windows)
- there exists a concept of plain smell
issues with 6th amendment
- guarantees right to counsel but doesn’t specify how
the warren court
concerned itself with applying the rights of the bill of rights to the state
how is due process evolutionary
different courts have different opinions of previous courts, composition of the court changes, national opinions change
T or F: there is a discretion and perception of success in the CJS
- yes (arrest and conviction)
criminal opportunity
- situational
- built environment
- maintenance of space/disorder
situational criminal opportunity
lighting, access control, guardians, surveillance
built environment criminal opportunity
street networks, building design, public infrastructure
maintenance of space/disorder
broken windows, green space, broken windows lead to broken windows
crime occurs typically when
theres a motivated offender and an “appropriate” opportunity
T or F: offenders, generally, don’t want to struggle
T
crimes known to police
- crimes are most commonly known to the police by reporting
- in some cases, police witness crime
- crime is substantially under-reported
percent of violent crimes reported
40%
percent of property crimes reported
32%
arrest rates for violent crimes known to police
45%
arrest rates for property crimes known to police
17%
what is the key drive to arrest
severity; quicker response and more investment in investigation
t or f: timing of reporting is critical
T: crime in progress significantly increases odds of arrest
911 call
- critical decision point
- the information provided is key in what police “see” and how they interpret the situation
- plenty of room for things like race, ethnicity, gender and age to influence decision
- how the police handle the situation has widespread consequences
arrest report
sometimes called incident report, outline probable cause
handoff from police to prosecutor
prosecutor will review arrest report to determine if sufficient evidence, appropriate charges, any evidence of procedural issues
preliminary/initial hearing or magistration
- the suspect has a right to a timely appearance in court to determine detention status (usually about 72 hours)
- initial hearing primarily about determining their detention status moving forwards
- we can not keep someone indefinitely in jail
- judge or magistrate will make a determination about release or detention
- may use risk assessment
- detain, release on bail, release on signature, release on supervision, etc
T or false: evidence indicates that reducing pretrial detention lowers reoffending
T
T or F: there is no evidence that bail reduces flight or reoffending
T
Jail as a decision for pretrial
- significant consequences of pretrial detention
- no flight risk if in jail
- they charge a few for every day person is held in jail
when can dismissal occur
any time and mainly for reasons regarding evidence; or some charges could be dismissed and some kept
diversion occurrence
can occur anytime: prearrest, jail diversion, before indictment, after indictment, before conviction, after conviction
what does diversion usually rely on
an underlying criminogenic circumstance (drug abuse, mental health)
- a good prosecutor has the option of diverting to a treatment rather than criminally prosecuting
drug court stats
- we have drug courts for about 10-15% of the population that needs it
- about 3,000 drug courts in the U.S.
indictment
a formal process whereby a grand jury or prosecutor reviews the state’s evidence and then determines whether there is probable cause
true bill
results in formal charging
no bill
results in no indictment
what percent of indictments result in true bills
95%
problems of grand juries
- defense doesn’t get to be in the room, don’t get to contest evidence
why isn’t it a violation of the 6th amendment for not having the defense present in grand jury
because there’s no jeopardy of being convicted yet
what are the odds that if you get passed indictment you’ll be convicted
high
arraignment
- formal hearing before a judge
- charges are read
- rights are read
- plea is entered
what percent of arrests are carried forward
85%
what percent of cases end in a plea bargain
95 - 98%
what percent of cases that go to trial end in conviction
75 - 80 %
more reasons why silos are bad
- competing priorities: different entities have different goals; police focus on law enforcement, courts on legal adjudication, and corrections on incarceration or rehabilitation
- political and bureaucratic interests: various agencies have their own leadership, funding and political pressure; which discourage collaboration, leaders focus on success within their agency
- lack of data sharing: info often not shared among agencies
- policy disparities: laws and policies vary widely by state and locality
why retribution, revenge, and anger are poor ways to seek justice
can be cathartic for prosecutor
- mainly has nothing to do with public policy
- can be satisfying for the victime/general public
T or F: public doesn’t respond to the threat of crime; generally, society has non-punishment related means of being deterred from crime like future educational/carrer goals, family ties, personal morals
T
true crime prevention: mitigating individual-level criminogenic factors
personal risk factors: mental health disorders, substance abuse, lack of education, unstable family environment, peer influece
true crime prevention: mitigating community-level criminogenic factors
structural and environmental conditions: poverty and economic inequality, high crime neighborhoods, lack of social services, poor urban design, discriminatory law enforcement
4th amendment
no unreasonable search and seizure
(federal) Weeks v. U.S.
- facts: police entered Fremont Weeks’ home without a warrant and seized evidence that was later used to convict him of illegal gambling
- SC ruled that evidence obtained illegally by federal officers could not be used in federal courts
- ONLY APPLIED TO FEDERAL CASES
(state) Mapp v. Ohio
facts: police forced entry into Mapp’s home wihout a warrant searching for a fugitive and instead found obscene materials
- SC ruled that the exclusionary rules applies to state courts not just federal cases
- incorporated the 4th amendment to the states through 14th amendment’s due process clause
Massachusetts v. Sheppard
facts: young black girl abducted, raped, set on fire main suspect named Sheppard. Police obtain search warrant for Sheppard’s house, which judge grants. Sheppard appeals that 4th amendment was violated because warrant was lawful because judge signed the wrong form
- shows how states applied the exclusionary rule too rigidly
U.S. v. Leon
facts: police obtain search warrant to investigate Leon for drug trafficking but the warrant was later found invalid due to lack of probable cause, despite this policed act in good faith believing warrant was valid, Leon argued that the evidence should be excluded
- SC create the good faith exception to the exclusionary rule
- ruling weakened 4th amendment protections by allowing some illegaly obtained evidence in court
Terry v. Ohio
- officers can use a limited pat-down (stop and frisk) if they have reasonable suspicion
- done for public safety -> officers must be intending to find a gun
criterion for a terry search
- law enforcement officer sees someone suspicious
- sus person may have a weapon/be dangerous and the officer intends to conduct the search to apprehend that weapon
- LEO identifies themselves as an officer
- engage in field interrogation: try to find a reason, through the answers, that mitigates the officer’s suspicion
- if suspicion remains, a limited pat-down can occur
Minnesota v. Dickerson
- officers can seize contraband if it is immediately identifiable by touch (ex if drugs during lawful terry search, the evidence can be seized and used in court)
- decision led to the use of stop-and-frisk searches in the war on drugs
Carroll Doctrine
police can search cars without a warrant if there is probable cause
- done because people can leave jurisdiction fast with a car
- anything and everything in the car be searched
consent search
- if a person agrees to a search, no warrant is needed
- intoxication or being a minor does not exclude consent being voluntary
Escobedo v. Illinois
facts: Escobedo was arrested in connection to a murder, during police questioning he repeatedly asked for a lawyer but his request was denied, police continued interrogation leading to a confession which was used to convict him
- SC ruled that suspects have a right to an attorney during interrogation to ensure testimony obtained is voluntary
- groundwork for Miranda rights
- 5th amendment protection against self incrimination is now combined with 6th amendment right to counsel
Miranda v. Arizona
facts: Miranda arrested for kidnapping and rape, during police questioning, he was not informed of his rights to remain silent or have an attorney, he confessed and confession used to convict him
- SC ruled before any custodial interrogation, suspects must be informed of their rights
- lead to the creation of Miranda rights
Miranda Rights
- right to remain silent
- anything can and will be used against you in court
- right to an attorney
- if you can’t afford an attorney, one will be provided
6th amendment
- right to counsel
- right to a speedy trial, impartial jury, local jury
- informed of what you’re being tried fo
Gideon v. Wainwright
facts: Gideon was arrested for burglary in Floria but could not afford a lawyer. Florida at the time only provided attorneys for capital cases, so Gideon was forced to represent himself and was convicted, he appealed arguing that 6th amendment guarantees the right to an attorney in all felony cases
- SC ruled that states must provide a lawyer to defendants who can’t afford one
- strengthened public defender systems nationwide
drawbacks of Gideon v. Wainwright
- no guidance for how public defender systems should be ran
- does not cover initial appearance/magistration proceedings
Roper v. Simmons
facts: Simmons (17) was convicted of murder and sentenced to death in Missouri, he argued that executing a juvenile violated 8th amendment
- SC ruled that juveniles cannot be sentenced to death
- decision overturned Stanford v. Kentucy
Graham v. Florida
Graham (16) was convicted of armed burglary and sentenced to life without parole in Florida, despite not committing murder, he argued that LWOP for a juvenile in a non-homicide case violated 8th amendment
- SC ruled that juveniles cannot be sentenced to LWOP for non-homicide crimes
- court emphasized that juveniles have greater capacity for rehabilitation and must have a meaningful opportunity for release
14th amendment
ensures that states cannot deprive individuals of life, liberty, or property without due process law
- crucial in applying BOR protections to state governments through a legal doctrine called selective incorporation
exigent circumstances where warrant requirements are relaxed
police can conduct searches without warrant if there is an immediate need to act to prevent harm, destruction of evidence, or the escape of a suspect
search incident lawful arrest
if a person is lawfully arrested police may search their person and the areas within their immediate control to prevent harm or destruction of evidence
terry stop and frisk
police have a reasonable suspicion that a person is armed and dangerous, they may conduct a limited pat down for weapons
public schools (reduced expectation of privacy)
school officials can search students’ belongings if they have reasonable suspicion of rule violations
probation and parole searches
individuals on probation or parole have reduced 4h amendment protections
T or F: defendants have the right to face their accusers in court
T, with exception when State’s interests in protecting the physical and psychological well-being of children
why is the CJS seen as a series of investments
because it involves allocating resources, both financial and human into various processes and interventions aimed at achieving desired outcomes
what happens during the preliminary hearing
to protect from unwarranted prosecution, so a judge or magistrate determines if a crime has been committed, whether the evidence is sufficient to establish probable cause linking the defendant to the crime, the existence of probably cause that the warrant was issued for defendatn’s arrest, reasonableness of the arrest and search and the officer’s compliance with warrant requirements
-will make decision to detain, release on bail, etc
