Exam III

Question 1

Deterrence

Answer 1

-Punishment meant to serve as a lesson that such behavior will not be tolerated and that those actions will be punished

1) Focused on future behavior
2) Relies on swift, clear sentencing and public awareness

Question 2

incapacitation

Answer 2

Focused on preventing future offenses, usually by imprisoning offender for long periods of time

Question 3

8th Amendment

Answer 3

• Protection against cruel and unusual punishment
• No excessive bail- a sum of money to get you out of jail until your trial (amount of bail depends on severity of crime)
• This applies to all criminal cases
• By definition: A sentence or conditions of confinement that in the time period of sentencing or confinement goes beyond what is acceptable to society

Question 4

Presentence Investigation Report

Answer 4

• Info supplied to a trial for making a sentencing decision

Contains:

• Personal history of the offender
• Victim impact statement
• Sentencing reccomendation
• Personal data on offender
• The state’s and the defendant’s version of the offense

-Focus has changed over time, from assisting w/ decisions on probation to guidance on punishment

Question 5

Determinate Sentence

Answer 5

-Indicate a precise period of time that the offender must serve

Question 6

Indeterminate Sentence

Answer 6

• Offender is given a range of time he/she can serve, dependent upon how he/she behaves while in prison
• Has declined since 1980’s

Question 7

Retribution

Answer 7

-Focused on punishment that matches the crime

Question 8

Mitigating factors

Answer 8

-Defense attorneys attempt to prevent death penalty sentencing by showing mitigating factors such as abuse of the offender or mental illness

Question 9

Aggravating Factors

Answer 9

-Prosecution seeking death penalty must show aggravating factors, such as cruelty or involving torture

Question 10

Public opinion about the death penalty

Answer 10

-Majority favor it

Question 11

Cost of death penalty vs Life w/o parole (LWOP)

Answer 11

-Cost of death penalty = more expensive for capital cases

Question 12

State Trial Court

Answer 12

• Most criminal cases begin in trial courts
• Most state courts are similar in their structure
• Most states have local courts or speciality courts
• Trial courts can be administered locally or by the state

Question 13

Supreme Court

Answer 13

-Highest appeal level court

-Sometimes hears appeals from state high courts
(usually limited to constitutional law)
(May choose to hear a case)
(Orders a writ of certiorari to turn over all materials to them)

Question 14

Federal Court

Answer 14

• Have jurisdiction (of power) to only hear a limited amounts of case:
  1) Involve federal law or federal constitution
  2) Involve citizens of different states and at least $75,000 in controversy
  3) US itself is a party

Criminal cases only go to federal court if:

1) Someone is charged with violating federal law
2) A defendant claims a state has violating his/her constitutional rights

3 basic types of federal courts

1) District courts (trial courts)
2) U.S Circuit courts of appeals
3) Federal speciality courts

Question 15

Appellate Courts

Answer 15

• Do not decide facts of case or guilt of defendant
• Decide if legal errors were made and if they merit invalidation of the conviction
• Vacate or invalidate the conviction or uphold original decision

Question 16

Speciality Courts

Answer 16

Hear special kinds of cases

Ex: drugs courts, bankruptcy courts, military courts, mental health courts, etc

Question 17

Define

Remand

In chambers

Answer 17

Remand:
- Send the case back to the trial court

In chambers:
-Referring to discussions or hearings held in the judge’s office, called his chambers

Question 18

Due process

Answer 18

-Right to go to court and go to a fair trial

Question 19

Judge

Answer 19

Recusal- Conflict of interest so turns case over to another judge

Types:

• Magistrate and justices of the peace” Handle minor matters (Ex: warrants)
• Court commissioners/referees: May preside over early stages, or may perform all duties of regular judges in a speciality court
• Justices: Supreme court judges
• Appeal court judges: Decide if errors/const. rights were violated

Duties:

• Follows due process
• Decides to issue search/arrest warrants
• During trial decides matters of law (evidence. motion attorneys make, gives jurors instructions, sentences
• federal judges nominated by pres of US
• state court judges are appointed, usually by the governor, or elected by voters

Question 20

Prosecutor

Answer 20

• Have the power to bring formal criminal charges against someone (victim can’t stop them)
• Most states have attorney general (states head law enforcement officer)
• Congress may insist on appointment of a special prosecutor w independent authority
• Most are called district attorneys, elected, oversee deputies/assistants that do most of the prosecuting
• Have a duty to prove all elements of a criminal charge beyond a reasonable doubt, discretion

Question 21

Indigent (poor) defense system

Answer 21

-Poor defendants are entitled to have gov’t appoint and pay for their lawyer

3 methods for indigent’s defense attorney:

1) Some jurisdictions have public defenders
2) Assigned counsel system- private law firms take indigent clients on a case-by-case basis
3) Some jurisdictions use a contract method, in which firms or nonprofit agencies accept indigent cases for set fee

-Most felony defendants are poor and require appointed counsel

Question 22

Courtroom workgroup

Answer 22

The structure of the court

• Judge
• Prosecutor

Defense attorney:

• Lawyer of defendant
• Attorney-client privilege- protects confidentiality of oral and written communications between the accused and his/her attorney
• Local legal culture: a shared understanding of how cases should be processed, can develop when judges, prosecutors, and defense attorneys of locale are static over time
• Going rate: a generally agreed-upon sentence for a defendant based on the crime and prior record

Question 23

Jury selection:

Non selection/Removal of Jurors

Answer 23

Jury selection:
-Grand jury= sometimes investigates crimes and determines whether there is sufficient evidence to prosecute a particular suspect

-Petit Jury= decides whether defendants are guilty of the crime w which they are charged

Non selection:
-A jury is composed of citizens in the trials courts jurisdiction and are typically picked at random from lists of registered voters and licensed drivers

Removal of Jurors:

• Voir dire (process by which biased jurors are excused from the pool)
• Peremptory challenges (Release of jurors that may not be sympathetic to cause of defense or prosecution

Question 24

Plea Bargaining

Answer 24

-Most often prosecutor and the defense make a deal in which the defendant pleads guilty in exchange for reduced punishment

• Occurs at any time before the trial
• Allows prosecutors to pursue more cases by disposing some criminal cases
• High stake gamble for defendant
• Motivated by the defendants lawyer
• Victims may believe defendant is getting less punishment than they deserve

Question 25

Bail

Answer 25

• A sum of money deposited by the defendant w the court in order to insure their appearance at trial
• 8th amendment protects against excessive bail

Question 26

Habitual Offender Laws

Answer 26

• Enhance sentence for repeat offenders
• Repeat sex offenders have been targeted by special sentencing provisions
• Very high financial cost and may be unsustainable over long term
• Current sex offender statues in most states allow the period of incarceration to be extended beyond that of the original court mandated sentence

Question 27

Discovery

Answer 27

-Pre-trial procedure in a lawsuit in which each party are still investigating for evidence to support their cases

Question 28

Civil commitment Program

Answer 28

–Current sex offender statues in most states allow the period of incarceration to be extended beyond that of the original court mandated sentence

Question 29

Standard of proof

Answer 29

• Decide how convincing the evidence must be
• Plantiff (in civil cases) must bring preponderance of the evidence); must be stronger than other side
• Criminal prosecutors need beyond a reasonable doubt

Can be met through
-direct evidence: directly proved
-circumstantial evidence: require assumption
or both