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Crim 101 > Exam 3 > Flashcards

Exam 3 Flashcards

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1
Q

Jurisdiction

A

-The territory, subject matter, or people over which a court may exercise lawful authority

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1
Q

Trial de novo

A

Term applied to cases that are retried on appeal

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2
Q

Appeal

A

The request that a court with appellate jurisdiction review the judgment

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3
Q

Dispute Resolution Center

A

Informal hearing place designed to mediate interpersonal disputes without resorting to a more formal arrangement of a criminal trial court

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4
Q

Community Court

A

A low-level court that focuses on quality-of-life crimes that erode neighborhoods’ morale, that emphasizes problem-solving rather than punishment

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5
Q

Bail

A

-The most common release/detention decision-making mechanism in American courts
-Serves two purposes:
.Helps ensure reappearance of the accused.
.Prevents un-convicted persons from suffering
imprisonment unnecessarily.
-Bail Bond
A document guaranteeing the appearance of a
defendant in court as required

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6
Q

Competent to stand trial

A

A finding by the court that the defendant has sufficient present ability to consult with his or her attorney with a reasonable degree of rational understanding

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6
Q

Grand Jury

A

A group of jurors who have been selected according to law and have been sworn to hear the evidence and to determine whether or not there is sufficient evidence to bring the accused person to trial

-Hearings are held in secret.
-Defendant generally does not appear.
-No opportunity to cross-examine prosecution witnesses.

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7
Q

Public defender

A

Have either their own practice of work for law firms in which they are partners or employees
-Charge by the hour

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8
Q

Expert witness

A

A person who has special knowledge and skills recognized by the court as relevant to the determination of guilt or innocence
-Can express opinions or draw conclusions in their testimony
-Is usually vied by jurors as more trustworthy than other forms of evidence

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9
Q

Voir dire

A

a preliminary examination of a witness or a juror by a judge or counsel

basically jury selection

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10
Q

Scientific jury selection

A

The use of correlational techniques from the social sciences to gauge the likelihood that potential jurors will vote for conviction or for acquittal

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11
Q

Probative value

A

The degree to which evidence is useful in proving something important in a trial

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12
Q

Aggravating circumstances

A

Circumstances relating to the commission of a crime that make it more grave than the average instance of that crime

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13
Q

Mitigating circumstances

A

Circumstances relating to the commission of a crime that may be considered to reduce the blameworthiness of the offender

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14
Q

Truth in Sentencing laws

A

Truth in sentencing laws came out of legislation signed by President Bill Clinton. They were passed to prevent the early release of convicted offenders. These laws, created to require convicted persons to serve at least 85% of their sentence, regardless of good behavior or earned time, apply to Part I crimes.

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15
Q

Three strikes laws

A

The Three Strikes law significantly increases the prison sentences of persons convicted of felonies who have been previously convicted of a violent or serious felony, and limits the ability of these offenders to receive a punishment other than a prison sentence.

Increase punishments for repeat offenders

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16
Q

Presentencing report

A

The examination of a convicted offender’s background prior to sentencing

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17
Q

Victim impact statement

A

An in-court statement made by the victim or survivor to sentencing authorities, seeking to make an informed sentencing decision

One study of the efficacy of victim-impact statements found that sentencing decisions are rarely affected by them.

18
Q

Habeas corpus

A

All death sentences are automatically reviewed by appellate courts

19
Q

Where a federal court case begins

A

U.S. district courts

20
Q

Type of cases the levels of state courts hear

A

State Trial Courts
* Trial courts of limited jurisdiction are also called lower courts.
Authorized to hear only less serious cases.
Rarely hold jury trials
A detailed record of the proceedings is not maintained.
* Trial courts of general jurisdiction are also called high courts, circuit courts, or superior courts.
Authorized to hear any criminal case.
Also provide first appellate level for courts of limited jurisdiction
Trial de novo
Term applied to cases that are retried on appeal.

21
Q

Types of appeals

A
22
Q

What circuit court jurisdiction you are in

A

8

23
Q

Factors that affect bail

A

stuff

24
Q

Main question at issue during a trial

A

*The determination of the defendant’s guilt or innocence

25
Q

members and function of the courtroom work group

A

the bailiff - Bailiffs are court officers whose duties are to keep order in the courtroom, to secure witnesses, and to maintain physical custody of the jury.

the clerk of the court -
* Maintains all records of criminal cases, Including all pleas and motions made
* Prepares the jury pool, issues jury summons
* Subpoenas witnesses for both prosecution and defense
* Marks physical evidence for identification as instructed by the judge; and maintains custody of that evidence

the court reporter - Role is to create a record of all that occurs during a trial.

expert witness - A person who has special knowledge and skills recognized by the court as relevant to the determination of guilt or innocence

prosecuting attorney - An attorney whose official duty is to conduct criminal proceedings on behalf of the state against those accused of having committed criminal offenses

the defense council - A licensed trial lawyer, hired or appointed to conduct the legal defense of a person accused of a crime and to represent him or her before a court of law

the judge - An elected or appointed public official who presides over a court of law

26
Q

6th amendment right to council

A

Court-appointed counsel
Sixth Amendment guarantees criminal defendants the effective assistance of counsel

27
Q

Role of victim

A

Uncertainty as to their role in the criminal justice process
Don’t really have a role

28
Q

Rationales for punishment

A

Fines
Probation
Imprisonment
Death

29
Q

prevalence of victim’s rights amendments (state)

A

more than 30 states have passed their own victims’ rights amendments

And other states have victim rights laws

30
Q

Sentence reductions/overturns in death penalty cases

A
31
Q

Model of most state courts

A

-A centralized court structure composed of a clear hierarchy of trial and appellate courts

–The consolidation of numerous lower-level courts with overlapping jurisdictions

-A centralized state court authority that would be responsible for budgeting, financing, and managing all courts within a state

32
Q

Success of most appeals

A

Most convictions are affirmed on appeal

So most appeals fail

33
Q

What federal court jurisdiction you are in

A

northern

34
Q

Requirements for supreme court to hear a case

A

Four justices must agree to hear a case.

35
Q

Nature and prevalence of plea bargain

A

The vast majority of all criminal cases are eventually resolved through a negotiated plea.

36
Q

effect of elected/ appointed judges

A
37
Q

types of defense counsel

A

– Private Attorneys
– Court-Appointed Counsel
– Public Defenders

38
Q

qualifications for serving on a jury

A

Be a citizen of the United States.
Be a resident of the county in which they were summoned.
Be eighteen years of age or older

39
Q

types of evidence

A

*Direct Evidence
Proves a fact without requiring an inference
*Circumstantial Evidence
Indirect and requires an inference
*Real Evidence
Consists of physical material or traces of physical activity

40
Q

When fines are imposed

A

Often imposed for relatively minor law violations

41
Q

nature of public opinion on death penalty

A

varies greatly from state to state

42
Q

The nine things lawyers look for when selecting a jury (from the article linked in the slides)

A
  1. YOUR RELATIONSHIPS
  2. YOUR EXPERIENCE WITH THE LAW
  3. YOUR INTERNET FOOTPRINT
  4. YOUR RELIGION
  5. YOUR ATTITUDE
  6. YOUR LEADERSHIP SKILLS (Or lack thereof)
  7. YOUR CLOTHES
  8. YOUR HAIR
  9. YOUR BODY LANGUAGE
43
Q

Be able to name the phenomenon discussed from the video we watched about witnesses

A

Selective attention

Crim 101 (5 decks)

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