Exam III Flashcards
Deterrence
-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
incapacitation
Focused on preventing future offenses, usually by imprisoning offender for long periods of time
8th Amendment
- 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
Presentence Investigation Report
- 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
Determinate Sentence
-Indicate a precise period of time that the offender must serve
Indeterminate Sentence
- 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
Retribution
-Focused on punishment that matches the crime
Mitigating factors
-Defense attorneys attempt to prevent death penalty sentencing by showing mitigating factors such as abuse of the offender or mental illness
Aggravating Factors
-Prosecution seeking death penalty must show aggravating factors, such as cruelty or involving torture
Public opinion about the death penalty
-Majority favor it
Cost of death penalty vs Life w/o parole (LWOP)
-Cost of death penalty = more expensive for capital cases
State Trial Court
- 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
Supreme Court
-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)
Federal Court
- 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
Appellate Courts
- 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
Speciality Courts
Hear special kinds of cases
Ex: drugs courts, bankruptcy courts, military courts, mental health courts, etc
Define
Remand
In chambers
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
Due process
-Right to go to court and go to a fair trial
Judge
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
Prosecutor
- 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
Indigent (poor) defense system
-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
Courtroom workgroup
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
Jury selection:
Non selection/Removal of Jurors
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
Plea Bargaining
-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
