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Judicial Policy Making > Final Exam > Flashcards

Final Exam Flashcards

0
Q

Whose job it is to supervise the preparation of the government’s Supreme Court briefs, petitions and other legal documents.

A

Solicitor general

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1
Q

Whose official duty is to conduct criminal proceedings on behalf of the people against persons accused of committing criminal offenses. Also called a DA.

A

Prosecutor

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2
Q

This is to prosecutors as community policing is to police officers

A

Community prosecution

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3
Q

This case established that prosecutors who act vindictively also threaten their defendants due process rights

A

Blackledge v. Perry

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4
Q

No drop policies are __________, which is not surprising given that they result in more trials.

A

Expensive

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5
Q

T/F
The defense attorney’s provide defendants with a reality check, a knowledgable, objective perspective on what their situation is and what is likely to happen should their cases go to trial.

A

True

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6
Q

Criminal defense attorneys became significant players in the criminal process around the _______

A

1730’s

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7
Q

This Supreme Court decision, requires that counsel be provided all criminal defendants, not just the wealthy ones.

A

Gideon v. Wainwright

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8
Q

An amount paid by a criminal defendant to his or her defense attorney in order to engage the attorney’s services

A

Retainer

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9
Q

T/F

Indigent defense systems vary by state. They are run by the same level of government

A

False. They may be run by different levels of government

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10
Q

Those who are concerned more with efficient and consistent court operations than with the interests of their clientele

A

Creators and protectors of routine

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11
Q

The Supreme Court case that involved a Guantanamo bay detainee charged with conspiracy to commit terrorism.

A

Hamdam v. Rumsfeld

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12
Q

Ethical dilemmas for the defense (4)

A

Confidential confession
Client perjury
Defense receipt of physical evidence
Problems with the defendants prior record

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13
Q

A phenomenon involving a death row inmate making a decision to stop appealing and let the sentence be carried out

A

Death row volunteering

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14
Q

At the state level, the _____________ is the chief legal officer

A

State attorney general

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15
Q

Most criminal work is conducted at the ______ level

A

County

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16
Q

At the county level, the _____________ is in charge of bringing murder, rape and robbery cases to trial.

A

District attorney

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17
Q

Most prosecutors are ___________

A

Elected

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18
Q

By the _______, it was clear the American prosecutor had reached a pinnacle of power

A

1920’s

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19
Q

A period in the evolution of the CJS that occurred in the early 30th century and marked by reform efforts aimed at removing corruption and political favoritism

A

Progressive era

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20
Q

Factors affecting the prosecutors charging decision (4)

A

Strength of the evidence
Relationship b/w the victim and defendant
Defendants prior history
Facts of the case

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21
Q

The practice of not dropping charges against domestic violence victims that emerges as a response to the high rate of dismissals in domestic violence cases. Also called evidence based prosecution

A

No drop prosecution

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22
Q

An informal or programmatic method of steering an offender out of the CJS

A

Diversion

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23
Q

The two types of immunity applicable to prosecutors

A

Absolute

Qualified

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24
Q

The practice of having the same prosecutor represent the state from the point where the criminal charges are filed all the way to sentencing

A

Vertical prosecution

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25
Q

A recent survey revealed that ____ % of prosecutors’ offices nationwide received work related threats towards a staff member or had one of their staff assaulted.

A

40

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26
Q

T/F

Prosecutors bad their charging decisions on legal and extralegal factors.

A

True

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27
Q

Prosecutors’ offices follow a ____________ structure

A

Bureaucratic

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28
Q

The layer who advises, represents and acts for the defendant

A

Defense attorney

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29
Q

The number of lawyers surged after the _________________

A

American Recolution

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30
Q

Retaining an attorney for a criminal defense is expensive, generally costing upwards of __________

A

25,000

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31
Q

T/F

Plenty of research indicates that wealthier offenders end up worse off than their poorer counterparts

A

False

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32
Q

Assigned counsel is selected for indigent offender in two ways:

A

Ad hoc assigned counsel

Coordinated assigned counsel

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33
Q

The first public defender program in the US opened up in ___________

A

Los Angeles 1913

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34
Q

A client who receives a court appointed attorney

A

Public client

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35
Q

Some defense attorneys volunteer heir services by doing pro bono work for _________________

A

Death row inmates

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36
Q

The three ways to provide defense for the indigent

A

Assigned counsel
Contract model
Public defender

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37
Q

The process whereby the accused and the prosecutor in a criminal case work out a mutually satisfactory disposition of the case subject to court approval

A

Plea bargaining

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38
Q

A defendant agreement to plead guilty in exchange for a less serious sentence

A

Sentence bargaining

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39
Q

T/F

The overwhelming majority (60%) of criminal convictions result from trials

A

False, pleas

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40
Q

The prosecutor’s ability to negotiate with the defendant in terms of the charges that could be filed

A

Charge bargaining

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41
Q

T/F

Plea bargaining has a long history

A

True

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42
Q

T/F

Plea bargaining benefits certain members of the courtroom workgroup

A

False, all members

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43
Q

This court case held that it is unconstitutional for the state to extend a benefit to a defendant who in turn extends a substantial benefit to the state

A

Brady v. US

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44
Q

T/F
The only difference between a guilt plea and a nolo contendre plea is that nolo contendere can not be used in a civil case

A

True

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45
Q

T/F

The sixth amendment protects citizens from unreasonable search and seizure

A

False. 4th

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46
Q

This court case protects even the lowest leek offender from corrupt or manipulative practices by over zealous prosecutors

A

Santabello v. NY

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47
Q

T/F

Innocent people plead guilty to crimes they did not commit

A

True

48
Q

In short, guilty pleas resulting from inducements from prosecution, like confessions in police interrogations cannot be _____________

A

Involuntary

49
Q

A ______________ guarantees a day in court, but does not allow for a demand of a trail by jury

A

Jury waiver

50
Q

The prosecutor’s go-to plea offer is a ______________

A

Lighter sentence

51
Q

A negotiated arrangement whereby, a defendant can sometimes preserve certain rights following a plea agreement

A

Conditional guilty plea

52
Q

Plea bargaining was first recognized during the _____________

A

19th century

53
Q

The Supreme Court condoned plea bargaining in …

A

Brady v. US

54
Q

T/F

Once a plea is reached, the court must then approve of the deal

A

True

55
Q

T/F

The occasional defendant who elects a public trial is punished for not taking a plea.

A

True Ex. Kelly Garrett

56
Q

Positive view of plea bargaining (4)

A

Quick resolution
Sort serious and non serious cases
Trials are risky and time consuming
Attorney’s still negotiate

57
Q

The rating system consists of __ categories from not serious and not protected to serious and vigorously protected.

A

4

58
Q

Extralegal factors that influence a prosecutors charging decision (4)

A

Prior criminal history
Age
Health
Marital status

59
Q

In FL ultimate sentence responsibility rests with …

A

The trial judge

60
Q

In NY these laws attempted to limit the prosecutors ability to plea bargain

A

Rockefeller laws

61
Q

T/F

Plea bargaining is supported by contract law

A

True

62
Q

A trail in which the judge is both the trier of law and the trier of fact.

A

Bench trial

63
Q

A statutorily defined number of persons selected according to law and sworn to determine, in accordance with the law as instructed by the court, certain matters of fact based on evidence presented in trial to render a verdict

A

Trial jury

64
Q

Who conquered England in 1066 and also set up procedures that set the stage for modern juries.

A

The Normans

65
Q

In 1215, England’s King John signed the _____________. It’s article 39 provides some basis for modern juries.

A

Manga carta

66
Q

T/F

The right to a jury trial has always been recognized on both state and federal levels.

A

False. Always recognized federally, not extended to the states until 1968 (Duncan v. Louisiana)

67
Q

A term that literally means “to see what is said” it refers to the jury selection process

A

Voir Dire

68
Q

Three main steps to the voir dire process

A

Questioning by the judge
Challenges for cause
Peremptory challenges

69
Q

T/F

A peremptory challenge cannot be used to excuse a juror based on race.

A

True

70
Q

T/F

A 12 person jury is a constitutional requirement

A

False

71
Q

The court case that concluded that a 5 member jury was unconstitutional

A

Ballew v. Georgia

72
Q

The appropriate size for a jury is anywhere between __ and __ members

A

6, 12

73
Q

Juror characteristics refer to all manner of individual demographics such as ___, ______, and _________________.

A

Age, race and employment status

74
Q

The tendency for jurors to fall back on their own guy instincts when presented with evidence that is vague

A

Liberation hypothesis

75
Q

The practice of either ignoring or misapplying the law in a certain situation

A

Jury nullification

76
Q

The return of a jury verdict that reflects prejudiced or bigoted community standards and convicts when the evidence does not warrant it

A

Jury vilification

77
Q

The court case that defendants argued that the government had know their identities for 3 years prior to indictment and in turn was denied a speedy trial

A

US v. Marion

78
Q

The US Supreme Court holding that the 6th amendment’s guarantee of the right to a speedy trial attaches only after a person has been accused of a crime

A

Accusation rule

79
Q

When media coverage of crime is extensive and presumed to have influence members of the jury panel, This type of voir dire can be used to detect possible media bias

A

Special voir dire

80
Q

T/F

Courts have experimented with gag orders on trial participants

A

True

81
Q

Trails begin with …

A

Opening statements

82
Q

The standard of proof in a criminal case

A

Beyond a reasonable doubt

83
Q

The standard of proof in a civil trial

A

Preponderance of evidence

84
Q

Proof beyond a reasonable doubt amounts to ___ % certainty and reasonable doubt amounts to ___%

A

95, 5

85
Q

Evidence that proves a fact without the need for the juror to infer anything from it

A

Direct evidence

86
Q

Evidence that seeks to demonstrate a certain point

A

Demonstrative evidence

87
Q

A question that does not call for a narrative

A

Specific question

88
Q

When the posing attorney questions the witnesses

A

Cross examination

89
Q

T/F
Once final motions and closing arguments have been made, the judge will give his or her instructions to the jurors before they head off to deliberate

A

True

90
Q

A jury that is so irreconcilably divided in opinion after deliberations that they are unable to reach any verdict

A

Hung jury

91
Q

A set of instructions given to jurors after they become deadlocked that instructs them to reexamine their opinions in a effort to reach a verdict

A

Allen Charge

92
Q

T/F

Juries convict defendants 5 times as often as they acquit them

A

True

93
Q

T/F

Some differential treatment is desirable and necessary, but most is not.

A

True

94
Q

A legitimate reason for differential treatment

A

To speed up the administration of justice

95
Q

T/F

The most well known form of differential treatment is based on sex

A

False, based on race or ethnicity

96
Q

A difference in how a person or group is treated that does not necessarily involve discrimination

A

Disparity

97
Q

This type of discrimination occurs at all stages of the CJS as well as all times and places

A

Systematic discrimination

98
Q

When there is no racial or ethnic discrimination at all

A

Pure justice

99
Q

T/F
The rush to judgement is about striving to satisfy the demands of a public that wants it’s government to be tough on crime

A

True

100
Q

This was first introduced by Lawrence Friedman and Robert Percival in their book The Roots of Justice

A

The wedding cake model

101
Q

Name the layers of the wedding cake model from top to bottom (4)

A

Celebrated cases
Serious felonies
Not so serious felonies
Misdemeanors

102
Q

The term _____ refers to disturb physical characteristics such as skin color. While _______ refers to a shard national, religious or cultural heritage

A

Race, ethnicity

103
Q

T/F

Minorities are arrested more that whites

A

True

104
Q

One California study found that __% of black men were likely to be arrested by age 30.

A

66

105
Q

The median family income for white families tends to be roughly __% percent higher than it is for black families and __% higher than it is for Hispanic families.

A

60, 35

106
Q

This court case now defines articulable standards for conduct of warrant less stop and frisk searches

A

Terry v. Ohio

107
Q

T/F
There is a wealth of evidence suggesting that indeed prosecutors use their peremptory challenges to screen out minorities from trials involving minority defendants

A

True

108
Q

In sheer numbers, African Americans are convicted ____ than whites

A

Less

109
Q

As far back as ______ researchers began to explore possible racial/ethnic bias in sentencing

A

1935

110
Q

On the whole, evidence suggests that African American and Hispanic offenders are _____ likely to be sent to prison.

A

More. And for longer

111
Q

Amount of probationers

Amount of parolees

A

4 million

800,000

112
Q

Laws enacted after Furman v. Georgia aimed at curbing the discretion of judges and jurors in death penalty cases to ensure fairness and evenhanded ness in the process

A

Guided-discretion laws

113
Q

A term coined by Brian Forst to describe the many types of mistakes the CJS can make

A

Error of justice

114
Q

The decade when DNA testing entered the mainstream

A

1980’s

115
Q

An organization that seeks to exonerate wrongfully convicted persons through DNA testing in accordance with Cordozo Law school in NY

A

Innocence project

116
Q

A subsequent declaration by the appropriate legal authority that a person who was wrongfully convicted of a crime is not guilty of having committed that crime

A

Exoneration

117
Q

T/F

Plea bargains should take an executive role, rather than a legislative one.

A

True

Judicial Policy Making (2 decks)

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