Final Flashcards
0
Q
What is the annual salary of a general jurisdiction trial judge?
A
The average is about $135,000
1
Q
What are the three major methods of judicial selection?
A
Executive appointment, popular election, and merit selection
2
Q
What are the four rankings the American Bar Association uses when it’s ranking the candidates as potential judges?
A
Exceptionally well-qualified, well-qualified, qualified, or unqualified
3
Q
Involves the establishment of a judicial nominating commission composed of lawyers and laypersons, who suggest a list of qualified nominees to the governor
A
Merit selection
4
Q
What percent of President Clinton’s nominations to the federal bench were women?
A
18%
5
Q
In 1960 what state became the first to adopt a modern and practical system for disciplining it’s judges?
A
California
6
Q
__ of all serious criminal offenses are committed by roughly ___ of offenders a group commonly referred to as career criminals
A
70%, 7%
7
Q
Defendants are overwhelmingly male. In fact, women account for only __ of all arrests for all crimes
A
25.5%
8
Q
What percent of African-American males will serve time in state or federal prison in their lifetimes?
A
16.6%
9
Q
What percent of Latino males will serve prison time?
A
7.7%
10
Q
What percent of white males will serve prison time?
A
2.6%
11
Q
The victim and perpetrator are strangers in only ___ of all murders
A
14%
12
Q
Enhance and protect the necessary role of crime victims and witnesses in the criminal justice process
A
Victim and witness protection act (1982)
13
Q
California was first state to adopt it
A
Victims Bill of Rights (1982)
14
Q
The eighth amendment creates no bar to the introduction of victim impact statements during sentencing
A
Payne vs. Tennessee
15
Q
Declared unconstitutional New York’s “son of Sam “law, which sought to prevent criminals from profiting from their crimes
A
Simon and Schuster versus New York State crime victims board (1991)
16
Q
A technique in which the court orders the defendant to pay the victim for the losses suffered
A
Restitution
17
Q
The maximum amount that can be paid in damages in victim compensation ranges from
A
$1,000 to $50,000
18
Q
Consist of written or oral information about how the crime impacted the victim and the victims family
A
Victim impact statements
19
Q
In the late 1980s which two cases did the US Supreme Court decide that victim impact statements were unconstitutional and capital cases because they can create an unacceptable risk that a jury may impose the death penalty in an arbitrary and capricious manner
A
Booth versus Maryland (1987) and South Carolina versus gathers (1989)
20
Q
The most publicized and widely used measure of crime
A
Uniform crime reporting (UCR)
21
Q
The UCR divides criminal offenses into two categories:
A
Type one and type two offenses
22
Q
Type one of fences are referred to as
A
Index crimes
23
Q
The FBI began to gather more detailed information for crimes reported to the police and 1988 using a system called the
A
National incident based reporting system (NIBRS)
24
After a person has been arrested, a law-enforcement officer must take the arrested person before a magistrate for an initial appearance what case made this regulatory?
Gerstein vs Pugh (1975)
25
As a general rule the Supreme Court expects an initial appearance to occur within __ hours of a warrentless arrest inclusive of weekends
48
26
Includes a brief description of the date and location of the offense
Charging document
27
What are the four types of charging documents?
Complaint, information, arrest warrant, and indictment
28
Must be supported by oath or affirmation of either the victim or the arresting officer
Complaint
29
Effectively holding suspects with the bill if they are accused of committing a dangerous or violent crime and locking them up is deemed necessary for community safety
Preventive detention
30
Judges release a defendant from jail without monetary bail if they believe the person is not likely to flee. Such personal bonds are used most often for defendants accused of minor crimes and for those with substantial Tyson the community
Release on recognizance
31
The accused must post either the full amount of cash bail with the court or a percentage of it in the form of a cash bond. All of this money will be returned when all court appearances are satisfied. Because it requires a large amount of cash, this for Mobile is seldom used. If, for example, bail is set in the amount of $10,000, most persons cannot raise that much money easily and quickly
Cash bond
32
Most states allow a defendant to use a piece of property as collateral. If the defendant fails to appear in court, the property is forfeited.
Property bond
33
The Aresti hires a bail agent, who post the amount required and charged a fee for services rendered, usually 10% of the amount of the bond. Thus, a bail agent would normally collect $1000 for writing a $10,000 bond; none of that money is refundable
Bail bond
34
When and how did the grand jury emerge?
In 1176, during a political struggle among King Henry II, the church, and noblemen
35
The Supreme Court held that states have the option of using either an indictment or information
Hurtado vs California (1884)
36
Refers to the protections the grand jury offers, serving as a buffer between the state and its citizens and preventing the government from using the criminal process against its enemies
Shield
37
Refers to the investigatory powers of this body
Sword
38
The Supreme Court ruled the journalist must testify before a grand jury
Branzburg vs Hayes (1972)
39
Congress enacted preventative detention not as a punishment for dangerous individuals, but as a potential solution to the pressing social problem of crimes committed by persons on bail
United States vs Salerno (1987)
40
On order issued by the court itself for the arrest of a person based on the person's failure to appear in court as directed
Bench warrant or capias
41
The government may not use a witnesses grand jury testimony to prosecute that person
Use immunity
42
An order from my court directing a person to appear before the court and to give testimony about a cause of action pending before it
Subpoena (power)
43
The informal and formal exchange of information between prosecution and defense is referred to as
Discovery
44
The US Supreme Court held that the suppression by the prosecution of evidence favorable to an accused upon request violates due process where the evidence is material either to guilt or punishment, you respective of the good faith or bad faith of the prosecution
Brady versus Maryland
45
The US Supreme Court held that there is no requirement to turn over the results of a polygraph examination of a witness because polygraph results are inadmissible
Wood versus Bartholomew
46
Automatic discovery for certain types of evidence, without the necessity for motions and court orders
Reciprocal disclosure
47
No person shall be compelled in any criminal case to be a witness against himself
Fifth Amendment
48
Use of physical coercion to obtain confessions violates the due process clause of the 14th amendment
Brown versus Mississippi (1936)
49
Overwriting considerations of Public Safety justified a police officer's failure to provide Miranda warnings before asking questions about the location of a weapon apparently abandoned just before rest
New York versus Quarles (1984)
50
I'm like an invocation of the right to remain silent, once a suspect has invoked his or her right to counsel, interrogation must cease and police may not reinitiate interrogation without counsel present regardless of whether the accused has consulted with an attorney
Minnick versus Mississippi (1990)
51
Police may search someone who is lawfully arrested "to remove any weapons that the latter might seek to use in order to resist arrest or affect his escape. "Police may also search for & and sees any evidence on the arrestees person, or in the area within his or her immediate control, "in order to prevent it's concealment or destruction. "However, law-enforcement officers must demonstrate an actual and continuing threat to their safety posed by interesting, or I need to preserve evidence related to the crime of a rest from tempering my the Aresti, in order to justify a warrentless Vehicular search incident to arrest conducted after the vehicles recent occupants have been arrested and secured
Searches incident to lawful arrest Chimel vs California (1969)
52
The mobility of motor vehicles justifies warrantless searches of them if there is probable cause to believe that the vehicle contains contraband. This includes any location in which the particular contraband might be found, such as the truck, the glove compartment, luggage, and other containers in the vehicle that could hold the contraband.
Motor vehicle searches Carol versus United States (1925)
53
Fourth amendment rights maybe voluntarily waived. Thus, if police asked for permission to search without probable cause and or a warrant, and permission is granted, any evidence found me be used in criminal prosecution. The person granting consent you not actually know that she may refuse consent; accordingly, unlike in the Miranda said, police do not have to inform people that a request to conduct a consensual search may be denied. Moreover, the actual owner need not be the person granting consent; warrantless searches are permitted one please have a reasonable believe the voluntary consent was obtained from a party who possesses common authority over premises
Consent searches Schneckloth vs Bustamonte (1973) Illinois vs Rodriguez (1990)
54
When a law-enforcement officer is legally in a plane in which he or she sees contraband or other evidence that provides probable cause to believe criminal activity is afoot, the evidence maybe sees without a warrant. The Plainview doctrine has been expanded to cover over the other senses such as "plain smell. "
Plain view Harris vs United States (1968) Washington vs. Chrisman (1982)
55
Request that a quart of law prohibits specific statements, documents, or objects from being introduced into evidence at trial
Suppression motion
56
"The right of the people to be secure in their persons, houses, papers, and defects against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the persons or things to be seized. "
Fourth amendment (1791)
57
Both states and the federal government are required to use the exclusionary rule to sanction noncompliance with the mandates of the fourth amendment
Map versus Ohio (1961)
58
Absent some exigent circumstances ( an emergency), police may not make a warrantless entry into a suspects home to make an arrest
Payton versus New York (1980)
59
Whether probable cause exists must be examined under the "totality of the circumstances. "Moreover, a trial courts ruling that probable cause exists is to be given substantial difference on appeal.
Illinois versus Gates's (1983)
60
Sobriety roadblocks do not violate the fourth amendment. They are a reasonable tool for combating the problem of driving under the influence and they pose only a minimal intrusion of motorists stopped briefly at checkpoints
Michigan department of state police versus Sitz (1990)
61
Showing a speeding ticket does not give police authority to search the car
Knowles vs Iowa (1998)
62
The fourth amendment permits police making a routine traffic stop to use a trained dog to sniff the car for drugs.
Illinois versus Cabelles (2005)
63
In return for the defendants plea of guilt, the prosecutor allows the defendant to be guilty to a less serious charge than the one originally filed
Charge bargaining
64
In return for the defendants plea of guilty to one or more counts in the indictment or information, the prosecutor dismisses the remaining charges
Count bargaining
65
A plea of guilt is entered in exchange for a promise of leniency in sentencing
Sentence bargaining
66
Although most cases are disposed of by a guilty plea,an important _ to _percent of defendants are tried
2 to 10
67
The Supreme Court ruled "it was error, for the trial judge to accept petitioners guilty plea without an affirmative showing that it was intelligent and voluntary"
Boykin versus Alabama
68
A form used to ensure that defendants have been informed of all the rights they are waiving
Boykin form
69
What are the two types of pleas that do not require allucution?
No contest plea and Al Ford plea
70
This plea allows the defendant to plead guilty while claiming innocence
Alford plea
71
"When the plea rests in any significant degree on a promise or agreement of the prosecutor, so that it can be said to be a part of the inducement or consideration, such promise must be fulfilled"
Santobello vs New York (1971)
72
The concept of the jury functioning as an impartial fact-finding body was first formalized in the
Magna Carta of 1215
73
The jury provisions of the six amendment were incorporated by the due process clause of the 14th amendment to apply to state courts as well
Duncan versus Louisiana (1968)
74
The privilege and cancel incrimination prohibits the prosecutor from commenting on the defendants failure to testify at trial
Griffin versus California (1965)
75
State juries are not required by the US Constitution to consist of 12 members
Williams versus Florida (1970)
76
Federal criminal juries must be unanimous
Johnson versus Louisiana (1972)
77
Women Cannot be excluded from Juries
Taylor versus Louisiana (1975)
78
Six-member criminal juries must be unanimous
Burch vs. Louisiana (1979)
79
What are the three stages of jury selection?
Compiling a master list, summoning the venire, and conducting voir dire
80
A list of potential jurors in a courts district
Master jury list
81
A group of citizens from which members of the jury are chosen
Venire
82
A court order commanding the citizens to appear at the courthouse for jury duty
Summons
83
The preliminary examination of prospective juror in order to determine his or her qualifications to serve as a juror
Voir dire
84
Method for excusing a potential juror because of specific reasons such as bias or pre-judgment; can be granted only by the judge
Challenge for cause
85
Method for excusing a potential juror without cause, so long as the reasons for doing so I'm not based on racial or gender discrimination
Peremptory challenge
86
A thematic framework through which to view the trial
Schema
87
Asking open ended, non-leading questions to prosecutorial witnesses
Direct examination
88
The idea that Juries have the right to refuse to apply the law and criminal cases despite facts to leave no reason to doubt that the law was violated
Jury nullification
89
Prejudicial information often inadmissible at trial that is circulated by the news media before a trial and that reduces the defendants chances of a trial before an impartial jury
Prejudicial pretrial publicity
