Exam 3 Flashcards
The structure of the federal court system was laid out in:
Judiciary Act of 1789
What principle was established in the Supreme Court case of Marbury v. Madison?
judicial review
What typically occurs during a first appearance in the lower courts?
- Reading of charges
- Setting of bail
- The determination of a need for a court appointed attorney
What is the general trial court in the federal system called?
U.S. District Court
The initial petition to the U.S. Supreme Court requests that it issue what type of order to the lower court?
writ of certiorari
What are the responsibilities of the court administrator?
- Maintain court’s budget
- Hire personnel*
- Oversee case flow, space and office equipment
- Manage Jury System
- Creating and maintaining uniform court record systems
- Managing public relations, general info and research
- Serve as liaison w others in the judicial or local govt system
What is the purpose of the courts?
- To do justice
- To appear to do justice
- Due process of law
Primary responsibilities of the prosecutor includes:
- Decide which cases to prosecute
- Evaluate evidence*
- Determine which charges are most likely to end in convictions
- Prosecute the case before the court
Which amendment to the Constitution gives defendants the right to an attorney?
The 6th Amendment
Defense attorneys for indigent offenders who serve in that capacity on a full-time basis are considered:
Public Defenders
Private attorney (for indigent offenders), local bar association, or law firm
Contract system
Private attorneys (for indigent offenders) whose names appear on a list of volunteers Younger and less experienced, minimal compensation
Assigned counsel system
The Eighth amendment ___________
prohibits excessive bail BUT does not
guarantee the right to pretrial release
A type of pretrial release in which a defendant promises to meet certain stated conditions is known as:
Conditional Release
Holding people in jail without bond to ensure both their appearance at trial and the safety of the community is known as:
Preventive Detention
What does a grand jury determine?
whether there is probable cause that a crime has been committed
Types of pleas accepted in the U.S.:
- Guilty
- Not guilty
- Nolo contendere (“No contest” defendant neither admits nor denies the charge.)
- Not guilty by reason of insanity
In the _______________ system, private attorneys whose names appear on a list of volunteers are assigned to represent indigents on a case-by-case basis.
Assigned Counsel
The _________ is the stage at which an accused is informed of the charges and of three constitutionally guaranteed rights: the right to counsel, the right to remain silent, and the right to reasonable bail.
Initial Appearance
Characteristics of U.S. Circuit Court of Appeals?
- No Jury trial
- Only appellate jurisdiction
- Review a case for errors of law, not a fact
The legal motion that allows the defense to discover the basis for the prosecutor’s case is known as ______________.
Discovery
____________ is an interactive process that involves the prosecutor and the defense, who attempt to arrive at a mutually satisfactory disposition of a case without going to trial.
Plea bargaining
5 alternatives to monetary bail
- Release on recognizance
- Conditional release
- Unsecured bail
- Property bail
- Court deposit bail
Types of courts that exist in the federal court system?
- Supreme court
- Appellate court
- General Trial Court
- Federal court
In case of extensive pretrial publicity, which motion is filed asking to move the trial?
motion for change of venue
What is the objective of a motion for discovery?
To gain access to the basic evidence and witnesses against the defendant
What has the greatest influence on case processing?
Seriousness of the offense
What is a common-sense definition of a “public” trial?
A trial that is free for the public to attend
Why might a defendant waive his or her right to a jury trial?
- Excessive media coverage*
- Defendant’s unusual appearance
- Case too complex for jury to understand
- Attorney fees may be lower
- Crime is so heinous
Standard requirements for appointment to a jury:
- US citizenship
- 18 years or older
- ordinary intelligence
- minimum residence in jurisdiction in which trial is being held.
- knowledge of english language
- Able to hear, talk, feel, smell, and be relatively mobile
What is the purpose of the voir dire?
To determine if a person is qualified to serve impartially on the jury
Which of the following is an acceptable use of a peremptory challenge by the prosecutor?
To eliminate people who are not sympathetic to the prosecutor’s arguments
__________ evidence includes physical objects such as fingerprints, clothing, or weapons.
Real
provided by eyewitnesses to the crime about what they directly observed
Direct evidence
requires the jury draw a reasonable inference from the testimony
Circumstantial evidence
Valid exceptions to the rule regarding hearsay evidence:
- dying declaration
- admission of a criminal act by the defendant to a witness
- statements made by victims of child abuse
Grounds for defense attorney to object to a prosecutor’s questions:
- The question calls speculation on the part of the witness
- The question is irrelevant
- The prosecutor is leading the witness’ response
Who instructs jury before deliberations?
The judge
Under what circumstances can a writ of habeas corpus be used?
To challenge constitutional issues for confined inmates
__________ are written or oral requests to the judge to make a ruling or to order that action be taken in favor of the applicant.
Pretrial motions
A trial before a judge alone is known as a(n) __________ trial.
Bench
The __________ is an order, typically a legal order by a court or government, restricting information or comment from being made public, or in some cases, passed onto any unauthorized third party.
Gag order
In which case, the Court decided that continuances do not necessarily infringe defendant’s right to speedy trial.
Barker v. Wingo
The _________ is a preliminary examination of potential jurors.
voir dire
A(n) _______________ is a call by the prosecutor or the defense to dismiss a person from a jury panel for a legitimate reason.
challenge for cause
__________ evidence comes from expert witnesses.
Testimonial
____________ is split of jury and no verdict is reached.
Hung jury
A motion for a _______________ asks for a written statement from the prosecutor revealing the details of the charge, including the time, place, manner, and means of commission of the crime.
Bill of particulars
Goals of sentencing:
- Retribution
- Restoration
- Rehabilitation
- Incapacitation
- Deterrence
Punishment aimed at dissuading potential offenders through the punishment of convicted criminals is known as __________ deterrence
general
Punishing offenders to prevent them from committing new crimes
specific deterrence
What is the purpose of punishment from a rehabilitation perspective?
To help the offender reform and become a productive member of society
What is the concept of proportionality in sentencing?
To make the punishment fit the crime
Three strike laws are aimed at:
Habitual felons
Punishments in which offenders are given a sentence range and are released upon demonstration of rehabilitation are known as __________ sentences.
Indeterminate
Sentences that require the offender to serve one sentence before the next are known as _________ sentences.
Consecutive
Arguments against capital punishment
- It has been inflicted on innocent people
- It is too expensive to justify its use
- It is on the same moral level as the crimes committed by the condemned
Most common method of execution is the U.S.
Lethal Injection
What was the Supreme Court ruling in Furman v. Georgia (1972)?
The death penalty, as it was applied at the time, was unconstitutional.
Options of intermediate sentencing
- Intermittent incarceration
- Restitution
- Intense probation supervision
- Forfeiture
Fundamental sentencing principles from critics of the intermediate sentencing model
- Proportionality
- Social Debt
- Equity
_________ establishes closer correspondence between judicially imposed sentences and actual time served in prison
Truth in sentencing
Structured sentences (determinate)
- Presumptive Sentencing
- Mandatory Sentencing
- Flat-time sentencing
- Habitual offender statutes
__________ reflects society’s moral outrage or disapproval of a crime.
Retribution
__________ refers to a goal of criminal sentencing that attempts to make the victim and the community “whole again.”
Restoration
The Presentence Investigation Report
-Comprehensive report on offender background, offense, other relevant information including
aggravating and mitigating circumstances
-Helps the court understand the nature of the crime within the context of the offender’s life
-Based on interviews with offender, family members, employers, friends, police reports, victim
statements
What is the Supreme Court Standard first established in Trop v. Dulles (1958), which is frequently applied in capital punishment case in these days, meaning that the standard of constitution is developed as society is matured?
Evolving standards of decency
After exhausting state appeals, most prisoners are allowed _____ appeal(s) in federal courts.
only 1
Which act sets a one-year post-conviction deadline for state inmates filing federal habeas corpus appeals?
The Antiterrorism and Effective Death Penalty Act (AEDPA) of 1996
Where and when was the first juvenile court created?
Illinois, 1899
What is the base doctrine of juvenile justice system?
Parens Patriae
______ case decided that the proceedings for juveniles had to comply with the requirements of the 14th amendment.
In re Guault
A variety of behaviors prohibited only to juvenile is ______
Status offense
Which of the following is a key difference between the juvenile and adult courts?
Juvenile courts focus on treatment rather than punishment
The ___________ stage in the juvenile justice system parallels prosecution and trial in the adult criminal courts.
Adjudication
The __________ hearing in juvenile court is equivalent to a sentencing hearing in adult court.
Disposition
In juvenile courts, whose role is “wise parent”?
Judge
In some jurisdiction,  ________ is called waiver, remand, bindover, or certification.
Transfer
Models for teen sentencing
- Adult judge
- Peer jury
- Youth judge
