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Criminal Adjudication > Exam 2 > Flashcards

Exam 2 Flashcards

DAs, Prosecutors, Judges

1
Q

What is the duty of the prosecutor?

A

To seek justice, not merely convict

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2
Q

What level do three strikes laws exist at?

A

The State Level

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3
Q

What activates mandatory minimum sentencing?

A

A certain type of offense and previous convictions

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4
Q

Who is more likely to become a judge?

A

Prosecutors are more likely to become judges than defense attorneys

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5
Q

What is the Strickland Test’s two questions?

A

Was the attorney’s performance deficient? (Performance Prong)
If so, did the deficient performance injure/prejudice the defendant? (Prejudice Prong)

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6
Q

What is the only remedy for Ineffective Assistance of Council?

A

A new trial

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7
Q

What is the obligation of defense attorneys?

A

Duty to their client, no obligation to the truth

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8
Q

What was the Powell v. Alabama (1937) case about?

A

“Scottsboro Boys”

Guilty verdicts universally regarded as a miscarriage of justice

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9
Q

What was the Johnson v. Zerbst (1938) case about?

A

Expands Powell in federal courts for defendants who can’t afford counsel

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10
Q

What percentage of defendants are indignant?

A

> 90%

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11
Q

What is the standard for issuing a warrant?

A

Probable cause

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12
Q

When can a judge overturn a jury verdict?

A

Cannot overrule a not-guilty verdict, can overrule a guilty verdict

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13
Q

What is a Directed Verdict?

A

Prosecutor did not prove case beyond a reasonable doubt, a judge can decide not to let the jury decide (always not guilty)

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14
Q

What is a judge’s role?

A

Maintain order, decorum in the courtroom

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15
Q

During impeachment, what does the House do?

A

Draft articles of impeachment

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16
Q

During impeachment, what does the Senate do?

A

Trials take place in the senate

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17
Q

What is impeachment?

A

Trial process, not removal from office

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18
Q

How long to Justices serve in MT?

A

6 years

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19
Q

System of Criminal Justice in which the prosecutor and defense attorney fight it out in a process designed to ensure that truth will emerge.

A

Adversarial System

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20
Q

These individuals work in the trenches of the criminal court system. They appear in court, interview witnesses, oversee investigations, and negotiate with the defense attorneys on a regular basis.

A

Assistant Prosecuting Attorneys

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21
Q

The prosecuting attorney decides whether to charge an individual who has been arrested by the police with a crime, and, if so, what charges to file.

A

Charging Decision

22
Q

Involves a partnership among the prosecutor’s office, law enforcement, and the community, in which the authority and power possessed by the prosecutor’s office are used to identify and solve problems, enhance public safety, and improve the quality of life in the community.

A

Community Prosecution

23
Q

Appropriate sentence for offenders with certain characteristics who are convicted of a certain type of crime.

A

Going Rate

24
Q

Model in which assistant prosecutors are assigned to units that handle specific steps or functions in the judicial process that are routine in nature and involve limited discretion.

A

Horizontal model of prosecution

25
Q

Evidence that calls into question the credibility of a witness.

A

Impeachment Evidence

26
Q

The process of settling disputes that involves bringing in a neutral third party to help the parties to the dispute resolve the matter.

A

Mediation

27
Q

In this model, most cases are handled in a horizontal manner. Specific crimes, however, such as homicide and sexual assaults are handled at all steps along the process by a specialized unit.

A

Mixed model of prosecution

28
Q

The process of negotiating a guilty plea

A

Plea Bargaining

29
Q

This occurs when a prosecutor is convinced that a person is guilty of a crime when in fact he or she did not commit the crime, giving rise to breeches of a prosecutor’s ethical duties.

A

Prosecutorial Misconduct

30
Q

This person represents the government in the federal court system.

A

United States Attorney

31
Q

Model in which a case is assigned to a single prosecutor who is responsible for the case at each step in the judicial process from initial appearance through a final disposition.

A

Vertical Model of Prosecution

32
Q

Program under which the appointment of counsel is generally made by the court on a certain basis, that is, lawyers are appointed to represent defendants on a case-by-case basis when necessary.

A

Ad hoc Assigned Counsel

33
Q

A method of providing counsel for indigent defendants. Private attorneys are appointed on a case-by-case basis.

A

Assigned Counsel Program

34
Q

A method for providing counsel for indigent defendants. A group of private attorneys or a law firm enters into a contract with a jurisdiction and agrees to represent indigent defendants brought before the courts in that jurisdiction.

A

Contract Attorney Programs

35
Q

System under which attorneys apply to be included on a list of counsel to be appointed on an as-needed, rotational basis.

A

Coordinated Assigned Counsel

36
Q

Private attorneys who are paid by the state on a case-by-case basis to represent indigent defendants.

A

Court-Appointed Counsel

37
Q

System under which the contract entered into by the attorney or law firm and the local government entity agrees to a specific number of cases to be handled for a a certain amount for every case.

A

Fixed-fee-per-case contract

38
Q

Program in which a contracting lawyer or law firm agrees to accept an unknown number of cases within the contract period, normally one year, for a single flat fee.

A

Fixed-price contract program

39
Q

A method of providing counsel for indigent defendants. Lawyers who are employed by the jurisdiction represent the indigent defendants who are charged with crimes.

A

Public Defender Program

40
Q

Attorneys selected and paid for by the defendant.

A

Retained Attorney

41
Q

Involves holding individual judges accountable for their conduct on the bench.

A

Behavioral Accountability

42
Q

Involves holding judges accountable for judicial rulings.

A

Decisional Accountability

43
Q

Involves the ability of an entity to remove or discipline judges who do not perform their jobs in an acceptable manner.

A

Judicial Accountability

44
Q

A state-level commission that is usually made up of sitting or retired judges.

A

Judicial Disciplinary Commission

45
Q

Entails ensuring that judges are free to decide cases fairly and impartially based on the facts and the law without consideration of public, political, financial, or other outside pressure.

A

Judicial Independence

46
Q

Based on evaluation of how well a judge demonstrates a number of qualities expected of an excellent jurist submitted by individuals who have experienced appearing before the judge.

A

Judicial Performance Evaluation

47
Q

When a judicial vacancy arises, a bipartisan, broad-based commission interviews and evaluates candidates for judicial positions and recommends three candidates to the governor.

A

Merit Selection Plans

48
Q

Process wherein judges are selected according to their own attributes rather than on the basis of their political connections.

A

Nonpartisan Elections

49
Q

Candidates are selected by and affiliated with political parties.

A

Partisan Elections

50
Q

A judicial election in which voters are asked whether the judge should be kept on or not.

A

Retention Elections

51
Q

A process whereby the president defers to the wishes of a senator from the state where a vacancy is located in nominating a person for a district court judgeship.

A

Senatorial Courtesy

Criminal Adjudication (2 decks)

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