Exam 2 Review CJS Flashcards
What are the relevant constitutional amendments for this class & what do they protect?
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.
What did the Court hold in Roper v. Simmons & which amendments do they relate to?
Held it was unconstitutional to impose the death penalty on crime committed by someone under the age of 18.
Amendments: 8 & 14
What did the court hold in Brady v Maryland & which amendments do they relate to?
Held that suppression of evidence favorable to an accused upon request violated the Due Process Clause.
Amendments: 5th
What did the court hold in Marbury v. Madison & why is important Supreme Court case?
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.
What is a Writ of Certiorari?
A judicial review by the Supreme Court to allow court cases to move up the court system.
How is the grand jury process different from the trial jury?
Grand jury= looks at evidence and decides if it enough to go to trial.
Trial jury= decides if they are guilty or innocent.
Describe the unique nature of the Grand Jury.
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.
Describe the administration of plea deals & plea negotiations.
Plea deals- prosecutor provides compromise to defendant in exchange for plea of guilt.
Plea negotiations= An agreement between both sides
2 Factors drove Sentencing Reform Act of 1984 for Federal level sentencing.
1) discretion leads to disparity
2) discretion leads to judges being too lenient.
What did the Sentencing Reform Act of 1984 accomplish for the federal level sentencing?
Accomplished Federal Sentencing guidelines.
eliminated sentencing disparity, promote proportionality, address truth in sentences
What factors influence prosecutorial caseloads & how have they contributed?
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.
What does it mean that the US has a dual court system?
Has 2 independent courts. Local and Federal.
What do state & federal court systems share in common?
Both have supreme court. Both have the right to attorney, right to witness, right to jury, & appeals
What are Specialty Courts?
Has jurisdiction over 1 area of crime or 1 particular group of offenders
What are differences between determinate & indeterminate sentencing?
Where does the power lie on indeterminate sentencing?
Determinate has a set punishment. They have less discretion.
Indeterminate has a range of punishment and judges have the power. They have more discretion.
What makes the Texas Court System unique from other states?
Texas has 2 courts.
1) Supreme Court
2) Court of Criminal Appeals.
What appellate courts are responsible for?
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.
What is the process of appointing Federal District Judges? Who are the main actors involved?
All president judges are nominated by President & confirmed by the Senate. They hold position for life.
What is the responsibility of courts of limited jurisdiction?
To hear & decide cases only of a particular subject matter.
What cases do Magistrates courts hear?
They hear less criminal & civil cases.
What is the responsibility of courts of general jurisdiction?
Handles pretrial motions, plea negotiations, sentencings, and probation revocations.
(District, superior, circuit courts)
What is jurisdiction & venue? And how are they different?
Jurisdiction=has legal authority the state legislatives give a particular court in that state.
Venue= crime dealt within where the crime was committed.
2 levels of Appellate Courts at the state level? What does their jurisdiction cover?
Intermediate appellate courts= DOESN’T hold trials. Reviews done based on due process.
Courts of last resort= holds hearings on merit appeals. (appellate jurisdiction)
Appellate courts at Federal Level? What does their jurisdiction cover?
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.
