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CJ-110 > Exam 3 > Flashcards

Exam 3 Flashcards

1
Q

Dual Court System

A

The separation of state and federal courts

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2
Q

Adversarial system

A

A legal system where two opposing sides try to seek the truth

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3
Q

5 Methods of Selecting Judges

A
  1. Commission-based Appointment
  2. Partisan Election
  3. Nonpartisan Election
  4. Gubernatorial Appointment
  5. Legislative Election
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4
Q

Prosecutors

A

They represent the people, the victims in particular, and investigate crimes. Cannot be sued as well.

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5
Q

Defense Attorneys

A

Responsibility is to see that the rights of the accused are upheld prior to, during, and after trial.

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6
Q

Plea Bargin

A

The defense and prosecutor negotiate

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7
Q

Indigent Services

A

How the court provides legal representation to indigent or illiterate people.

  1. Public Defenders (Gov. employees)
  2. Counsel System (Private attorney, but they may be inexperienced)
  3. Contract System (attorney, law firm, or NPO bids to get a case from the gov.)
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8
Q

4 Goals of Punishment

A
  1. Retribution (eye for an eye)
  2. Deterrence (public displays of crime, showing others what will happen)
  3. Incapacitation (putting people in a jail)
  4. Rehabilitation (trying to fix the offender)
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9
Q

Factors Influencing Punishment

A
  1. Can’t be cruel and unusual
  2. Seriousness of the offense
  3. Money
  4. Prosecutors
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10
Q

Determinate Sentencing

A

A scheme whereby a specific, fixed-period sentence is ordered by a court

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11
Q

Indeterminate Sentencing

A

Given a large range of sentence 5-10 years so they may prove they are getting better in prison

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12
Q

Concurrent Sentence

A

Judge will serve all sentences at once. Meaning the criminal will only serve the highest amount

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13
Q

Consecutively Sentence

A

Judge serves each sentence separately. Meaning adding all the sentences together

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14
Q

Sentencing Guidelines

A

A grid system to chart the seriousness of offense and thus allows the court to arrive at a more consistent sentence for everyone.

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15
Q

Victim Impact Statements

A

Information provided prior to sentencing by the victims of a crime

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16
Q

Death Penalty Cases

A

Furman v. Georgia (cruel and unusual)
Roper v. Simmons (execution)
Gregg v. Georgia (need a aggravating circumstance)

17
Q

Aggravating Circumstances

A

Felon has a bad record (using weapon, having prior crimes)

18
Q

Mitigating Circumstances

A

Felon has a good record (acting under distress or influence of mental illness)

19
Q

“Nothing Works”

A

Robert Martinson’s belief that correctional treatment programs generally do not rehabilitate offenders or significantly reduce recidivism

20
Q

Classification

A

Officers and inmates are broken into small groups so the officers can learn the inmate better and understand and classify their needs

21
Q

Supermax Prisons

A

Gives inmates very few if any amenities and a great amount of isolation.

22
Q

Effects of Supermax Prisons

A

Can cause mental issues

23
Q

Constitutionality of Supermax Prisons

A

They are allowed, but many judges didn’t think they were good

24
Q

Structure of Trials

A
  1. Trial of limited jurisdiction (small cases)
  2. Trial of general jurisdiction (all offenses)
  3. Appeals (no cases, only hear appeals of lower courts)
25
Q

Pretrial Process

A
  1. Booking
  2. Initial Appearance
  3. Bail
  4. Preliminary Hearing (determines if a person should even go to trial)
26
Q

Plea-bargain

A

The person will plea guilty if there are some conditions met

27
Q

Arraignment

A

Defendant is told his charges and if he wishes to enter plea bargain or no guilt

28
Q

State Court Structure

A
  1. Court of Appeals

2. Court of Last Resort (State Supreme)

29
Q

Federal Court Structure

A
  1. District Courts
  2. Court of Appeals
  3. Supreme Court
30
Q

New Generation/Direct Supervision Jail

A

More lenient, and allows officers and prisoners to interact and build “friendships”

31
Q

Punishment and Step Up

A

Some prisoners will see prison as a punishment, others will see it as a step up in their standard of living

CJ-110 (4 decks)

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