Final court Flashcards
Right to impartial Judge (Amendment)
14th
Fed Judge Appointment
Appointed by pres with state senator approval
Fed judge removal
Impeach in the house convict in senate
limits on judicial decisions (4)
Impartiality, Actual Controversies, Narrow grounds, No Ruling on Wisdom
Qualifications State Judge (6)
citizen, 18, competent, no felony, texas for one year and precinct for six months, not declared ineligible for office
Selection of State judges
Election, Merit selection, Appointment
Judicial impeachment
impeached by house convicted by senate
Terms of elected Judges
2-4 partisan, 4-12 non partisan
prosecutorial discretion 3
charge, indict, decline
State attorney general role
chief legal officer of the state
solicitor general
represents the federal government in trials and appeals
district attorney
chief prosecutor for district / county
Types of Defense attorneys
private, indigent(assigned, contract, public defender)
Fifth amendment
self incrimination
sixth amendment
right to counsel
two prongs test of effective counsel
performance and prejudice
Typical criminal defendant
young male black
Miranda
right to remain silent
evidence that proves a fact without the juror needing to infer anything from it
Direct evidence
evidence that indirectly proves a fact
circumstantial evidence
any tangible item that can be perceived with senses
real evidence
information supplied by person under oath
testimonial evidence
evidence that seeks to demonstrate a certain point
demonstrative evidence
relevant and goes to substantial matters, influence on decision of case
material evidence
normally not admissible third party statement
hearsay
when does probable cause apply `
warrantless arrest
recording the identity of arrestee and pertinent information
Booking
advised of reason for being detained, protections against self incrimination, right to attorney
initial appearance
goals of sentencing 4
rehabilitation or reformation, retribution, incapacitation, deterrence
racial disparity in convictions
6x more likely, 15-20% more time
ADR 4
Arbitration, mediation, Neutral evaluation, conciliation
jurisdiction based on type of case
Subject matter jurisdiction
finding that the death penalty was unconstitutional when applied in an arbitrary or discriminatory manner
Furman v georgia
guaranteeing the right to legal counsel for criminal defendants in federal and state court
Gideon v wainwright
Petitioner was denied his right of confrontation of witnesses under the Sixth and Fourteenth Amendments
Davis v alaska
Supreme Court decision holding that the accused cannot be subjected to actual imprisonment unless provided with counsel
Argersinger v. Hamlin
rgued that Iowa Code 910A, which provides for the use of a screen in child sexual abuse cases, violated his Sixth Amendment right to confront his accusers face-to-face
Coy v iowa
upheld a death sentence despite the defendant’s argument that he should not be sentenced to death because he was suffering from drug-induced psychosis when he committed the crimes.
Bell v. Cone
held that the Due Process Clause of the Fourteenth Amendment required the state to provide a psychiatric evaluation to be used on behalf of an indigent criminal defendant if he needed it.
Ake v. Oklahoma
exception to rule of judges not initiating legal disputes
declaratory judgement
listening to facts presented and ruling based on who made the best case
Trier of fact
tasked with resolving questions of law only
trier of law
differing of judgement to senators in appointing judges
senatorial courtesy
law school approach to teaching judges
anticipatory socialization
unanimity in appellate court cases
norm of consensus
new justices are overwhelmed
Freshman effects
a written accusation by the house
impeachment
federal judges not fully retired working part time
senior status
total immunity of prosecutor from suit
absolute immunity
an informal method of steering offender out of criminal justice system
diversion
5th amend can’t be charged twice for same crime
double jeopardy
right to face and confront witnesses
confrontation clause
14th amend rights apply to state courts
due process
attorney to step in for pro se defendant
standby counsel
anything not based on personal knowledge of witness
hearsay
Defending yourself
Pro se
formal reading of charges
arraignment
fact that is significant to issue or matter at hand
materiality
