Exam 3 Flashcards
Dual Court System
The separation of state and federal courts
Adversarial system
A legal system where two opposing sides try to seek the truth
5 Methods of Selecting Judges
- Commission-based Appointment
- Partisan Election
- Nonpartisan Election
- Gubernatorial Appointment
- Legislative Election
Prosecutors
They represent the people, the victims in particular, and investigate crimes. Cannot be sued as well.
Defense Attorneys
Responsibility is to see that the rights of the accused are upheld prior to, during, and after trial.
Plea Bargin
The defense and prosecutor negotiate
Indigent Services
How the court provides legal representation to indigent or illiterate people.
- Public Defenders (Gov. employees)
- Counsel System (Private attorney, but they may be inexperienced)
- Contract System (attorney, law firm, or NPO bids to get a case from the gov.)
4 Goals of Punishment
- Retribution (eye for an eye)
- Deterrence (public displays of crime, showing others what will happen)
- Incapacitation (putting people in a jail)
- Rehabilitation (trying to fix the offender)
Factors Influencing Punishment
- Can’t be cruel and unusual
- Seriousness of the offense
- Money
- Prosecutors
Determinate Sentencing
A scheme whereby a specific, fixed-period sentence is ordered by a court
Indeterminate Sentencing
Given a large range of sentence 5-10 years so they may prove they are getting better in prison
Concurrent Sentence
Judge will serve all sentences at once. Meaning the criminal will only serve the highest amount
Consecutively Sentence
Judge serves each sentence separately. Meaning adding all the sentences together
Sentencing Guidelines
A grid system to chart the seriousness of offense and thus allows the court to arrive at a more consistent sentence for everyone.
Victim Impact Statements
Information provided prior to sentencing by the victims of a crime
Death Penalty Cases
Furman v. Georgia (cruel and unusual)
Roper v. Simmons (execution)
Gregg v. Georgia (need a aggravating circumstance)
Aggravating Circumstances
Felon has a bad record (using weapon, having prior crimes)
Mitigating Circumstances
Felon has a good record (acting under distress or influence of mental illness)
“Nothing Works”
Robert Martinson’s belief that correctional treatment programs generally do not rehabilitate offenders or significantly reduce recidivism
Classification
Officers and inmates are broken into small groups so the officers can learn the inmate better and understand and classify their needs
Supermax Prisons
Gives inmates very few if any amenities and a great amount of isolation.
Effects of Supermax Prisons
Can cause mental issues
Constitutionality of Supermax Prisons
They are allowed, but many judges didn’t think they were good
Structure of Trials
- Trial of limited jurisdiction (small cases)
- Trial of general jurisdiction (all offenses)
- Appeals (no cases, only hear appeals of lower courts)
Pretrial Process
- Booking
- Initial Appearance
- Bail
- Preliminary Hearing (determines if a person should even go to trial)
Plea-bargain
The person will plea guilty if there are some conditions met
Arraignment
Defendant is told his charges and if he wishes to enter plea bargain or no guilt
State Court Structure
- Court of Appeals
2. Court of Last Resort (State Supreme)
Federal Court Structure
- District Courts
- Court of Appeals
- Supreme Court
New Generation/Direct Supervision Jail
More lenient, and allows officers and prisoners to interact and build “friendships”
Punishment and Step Up
Some prisoners will see prison as a punishment, others will see it as a step up in their standard of living
