Exam 2 Review CJS

Question 1

What are the relevant constitutional amendments for this class & what do they protect?

Answer 1

4,5,6,8,&14.
4=protection from search and seizure. 5=protection from self incrimination. 6= right to council & trial.
8= prohibits cruel & unusual punishment. 14= all citizens equal protection under law.

Question 2

What did the Court hold in Roper v. Simmons & which amendments do they relate to?

Answer 2

Held it was unconstitutional to impose the death penalty on crime committed by someone under the age of 18.
Amendments: 8 & 14

Question 3

What did the court hold in Brady v Maryland & which amendments do they relate to?

Answer 3

Held that suppression of evidence favorable to an accused upon request violated the Due Process Clause.
Amendments: 5th

Question 4

What did the court hold in Marbury v. Madison & why is important Supreme Court case?

Answer 4

Marbury wanted a writ, Madison was the one to write it since he was Secretary of State. Marshall declared congress DOESN’T have authority to expand or contract jurisdiction & unconstitutional when allowing court to issue writ.
Importance: Established Supreme Court power to review acts of congress.

Question 5

What is a Writ of Certiorari?

Answer 5

A judicial review by the Supreme Court to allow court cases to move up the court system.

Question 6

How is the grand jury process different from the trial jury?

Answer 6

Grand jury= looks at evidence and decides if it enough to go to trial.
Trial jury= decides if they are guilty or innocent.

Question 7

Describe the unique nature of the Grand Jury.

Answer 7

Grand jury is made up of 23 people. There are 2, investigatory & accusatory.
investigatory= looks at allegations
accusatory= decides if case in early cj process are worth being tried.

Question 8

Describe the administration of plea deals & plea negotiations.

Answer 8

Plea deals- prosecutor provides compromise to defendant in exchange for plea of guilt.
Plea negotiations= An agreement between both sides

Question 9

2 Factors drove Sentencing Reform Act of 1984 for Federal level sentencing.

Answer 9

1) discretion leads to disparity

2) discretion leads to judges being too lenient.

Question 10

What did the Sentencing Reform Act of 1984 accomplish for the federal level sentencing?

Answer 10

Accomplished Federal Sentencing guidelines.

eliminated sentencing disparity, promote proportionality, address truth in sentences

Question 11

What factors influence prosecutorial caseloads & how have they contributed?

Answer 11

Lack of funding & failure to reduce recidivism.
Legislatures create courts that local jurisdictions pay for. 2/3 to 3/4 of offenders are in criminal court system at least once.

Question 12

What does it mean that the US has a dual court system?

Answer 12

Has 2 independent courts. Local and Federal.

Question 13

What do state & federal court systems share in common?

Answer 13

Both have supreme court. Both have the right to attorney, right to witness, right to jury, & appeals

Question 14

What are Specialty Courts?

Answer 14

Has jurisdiction over 1 area of crime or 1 particular group of offenders

Question 15

What are differences between determinate & indeterminate sentencing?
Where does the power lie on indeterminate sentencing?

Answer 15

Determinate has a set punishment. They have less discretion.

Indeterminate has a range of punishment and judges have the power. They have more discretion.

Question 16

What makes the Texas Court System unique from other states?

Answer 16

Texas has 2 courts.

1) Supreme Court
2) Court of Criminal Appeals.

Question 17

What appellate courts are responsible for?

Answer 17

Deals w/cases regarding due process trials. Acceptance of appeals is mostly discretionary as they have almost total discretion over which case they take on.

Question 18

What is the process of appointing Federal District Judges? Who are the main actors involved?

Answer 18

All president judges are nominated by President & confirmed by the Senate. They hold position for life.

Question 19

What is the responsibility of courts of limited jurisdiction?

Answer 19

To hear & decide cases only of a particular subject matter.

Question 20

What cases do Magistrates courts hear?

Answer 20

They hear less criminal & civil cases.

Question 21

What is the responsibility of courts of general jurisdiction?

Answer 21

Handles pretrial motions, plea negotiations, sentencings, and probation revocations.
(District, superior, circuit courts)

Question 22

What is jurisdiction & venue? And how are they different?

Answer 22

Jurisdiction=has legal authority the state legislatives give a particular court in that state.
Venue= crime dealt within where the crime was committed.

Question 23

2 levels of Appellate Courts at the state level? What does their jurisdiction cover?

Answer 23

Intermediate appellate courts= DOESN’T hold trials. Reviews done based on due process.
Courts of last resort= holds hearings on merit appeals. (appellate jurisdiction)

Question 24

Appellate courts at Federal Level? What does their jurisdiction cover?

Answer 24

Federal intermediate appellate courts= acceptance of appeals, discretionary, venue is federal judicial circuits.
Courts of last of resort= Supreme court, appellate jurisdiction, nationwide venue, acceptance of appeals, and discretionary is slim.

Question 25

how many Federal courts are there in Texas? How many federal circuits are there in the US?

Answer 25

4 in Texas. 13 Federal Circuits in US

Question 26

Describe prosecutorial role in CJS. What is the primary touchstone of prosecutorial importance?

Answer 26

Help investigate reports for the charges. (talks to witness, make sure of there rights, prepares them for trial, ect)
Control the operation of system & often predetermine the outcome of criminal cases.

Question 27

List and describe the goals of incarceration & sentencing.

Answer 27

Retribution= effort to make comparable to nature of crime.
Vengeance= desire to punish b/c society gains satisfaction.
Incapacitation= removal of person from society (community protection, not revenge)
Rehabilitation= prevention of future crime by changing offenders behavior.

Question 28

What is a pre-sentence investigation report & what info is contained with it?

Answer 28

A probation investigation & almost all conducted by probation authority.
Includes background info of defendant.

Question 29

Difference between aggravating factors & mitigating evidence? Who typically submits each?

Answer 29

Aggravating= used by prosecutors to persuade the judge to give more sever sentence.
Mitigating= used by defendant to push less severe sentence.

Question 30

What are arguments for the death penalty?

Answer 30

For:
Economic=less expensive than maintaining prisoners.
Retribution= kidnappers, murderers, rapist deserve to die.
Community protection= keep them from further ravaging in society.
Deterrence= prevents offenders from committing additional crime but deters others.
Against:
Irreversibility= innocent person being put in.
Discrimination= its a lottery system.
Cruel & unusual punishment= against 8/14 amendment

Question 31

What are the difference between jail & prison?

Answer 31

Jail= pretrial detention & person are those sentenced. Misdemeanors
Prison= those sentenced for years or life. Felony crimes

Question 32

How are grades of prison determined?

Answer 32

Based on how dangerous the offender is based on the crime committed.
Maximum= violent offenders, aggressive, serious crime. (ex: murderer)
Medium= less dangerous, less escape prone. (ex: federal drug offense)
Minimum= low level crimes.(ex: property crime)

Question 33

What is probation & what is its significance?

Answer 33

Its a diversion from going into incarceration.

Its to rehabilitate the offender, protect society, & protect the rights of the victim.

Question 34

4 types of evidence & meaning

Answer 34

Real evidence= physical detail (thumb prints, photos, ect)
Testimonial Evidence=sworn verbal statement
Direct Evidence= Eyewitness
Circumstantial/ Indirect evidence= evidence where fact can responsibly offered.

Question 35

Jail

Answer 35

misdemeanors: public intoxication, nudity, vandalism, disturbance of peace, etc (cannot have more than one year in jail)
Local, country run (all happens under one jurisdiction)

Question 36

Prison

Answer 36

Reserved for felony crimes (more serious)
Longer periods of time (harsher punishments for harsher crimes)
Operates under state/federal level
Convicted felons

Question 37

What is restorative justice? What are its central tenets?

Answer 37

an approach to justice where one of the responses to a crime is to organize a meeting between the victim and the offender
Repair=crime cause harm & justice requires to fix the harm
Encounter= both sides meet and decide together
Transformation= fundamental changes in people, community, relationship.