Final Exam Flashcards
Whose job it is to supervise the preparation of the government’s Supreme Court briefs, petitions and other legal documents.
Solicitor general
Whose official duty is to conduct criminal proceedings on behalf of the people against persons accused of committing criminal offenses. Also called a DA.
Prosecutor
This is to prosecutors as community policing is to police officers
Community prosecution
This case established that prosecutors who act vindictively also threaten their defendants due process rights
Blackledge v. Perry
No drop policies are __________, which is not surprising given that they result in more trials.
Expensive
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.
True
Criminal defense attorneys became significant players in the criminal process around the _______
1730’s
This Supreme Court decision, requires that counsel be provided all criminal defendants, not just the wealthy ones.
Gideon v. Wainwright
An amount paid by a criminal defendant to his or her defense attorney in order to engage the attorney’s services
Retainer
T/F
Indigent defense systems vary by state. They are run by the same level of government
False. They may be run by different levels of government
Those who are concerned more with efficient and consistent court operations than with the interests of their clientele
Creators and protectors of routine
The Supreme Court case that involved a Guantanamo bay detainee charged with conspiracy to commit terrorism.
Hamdam v. Rumsfeld
Ethical dilemmas for the defense (4)
Confidential confession
Client perjury
Defense receipt of physical evidence
Problems with the defendants prior record
A phenomenon involving a death row inmate making a decision to stop appealing and let the sentence be carried out
Death row volunteering
At the state level, the _____________ is the chief legal officer
State attorney general
Most criminal work is conducted at the ______ level
County
At the county level, the _____________ is in charge of bringing murder, rape and robbery cases to trial.
District attorney
Most prosecutors are ___________
Elected
By the _______, it was clear the American prosecutor had reached a pinnacle of power
1920’s
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
Progressive era
Factors affecting the prosecutors charging decision (4)
Strength of the evidence
Relationship b/w the victim and defendant
Defendants prior history
Facts of the case
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
No drop prosecution
An informal or programmatic method of steering an offender out of the CJS
Diversion
The two types of immunity applicable to prosecutors
Absolute
Qualified
The practice of having the same prosecutor represent the state from the point where the criminal charges are filed all the way to sentencing
Vertical prosecution
A recent survey revealed that ____ % of prosecutors’ offices nationwide received work related threats towards a staff member or had one of their staff assaulted.
40
T/F
Prosecutors bad their charging decisions on legal and extralegal factors.
True
Prosecutors’ offices follow a ____________ structure
Bureaucratic
The layer who advises, represents and acts for the defendant
Defense attorney
The number of lawyers surged after the _________________
American Recolution
Retaining an attorney for a criminal defense is expensive, generally costing upwards of __________
25,000
T/F
Plenty of research indicates that wealthier offenders end up worse off than their poorer counterparts
False
Assigned counsel is selected for indigent offender in two ways:
Ad hoc assigned counsel
Coordinated assigned counsel
The first public defender program in the US opened up in ___________
Los Angeles 1913
A client who receives a court appointed attorney
Public client
Some defense attorneys volunteer heir services by doing pro bono work for _________________
Death row inmates
The three ways to provide defense for the indigent
Assigned counsel
Contract model
Public defender
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
Plea bargaining
A defendant agreement to plead guilty in exchange for a less serious sentence
Sentence bargaining
T/F
The overwhelming majority (60%) of criminal convictions result from trials
False, pleas
The prosecutor’s ability to negotiate with the defendant in terms of the charges that could be filed
Charge bargaining
T/F
Plea bargaining has a long history
True
T/F
Plea bargaining benefits certain members of the courtroom workgroup
False, all members
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
Brady v. US
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
True
T/F
The sixth amendment protects citizens from unreasonable search and seizure
False. 4th
This court case protects even the lowest leek offender from corrupt or manipulative practices by over zealous prosecutors
Santabello v. NY
T/F
Innocent people plead guilty to crimes they did not commit
True
In short, guilty pleas resulting from inducements from prosecution, like confessions in police interrogations cannot be _____________
Involuntary
A ______________ guarantees a day in court, but does not allow for a demand of a trail by jury
Jury waiver
The prosecutor’s go-to plea offer is a ______________
Lighter sentence
A negotiated arrangement whereby, a defendant can sometimes preserve certain rights following a plea agreement
Conditional guilty plea
Plea bargaining was first recognized during the _____________
19th century
The Supreme Court condoned plea bargaining in …
Brady v. US
T/F
Once a plea is reached, the court must then approve of the deal
True
T/F
The occasional defendant who elects a public trial is punished for not taking a plea.
True Ex. Kelly Garrett
Positive view of plea bargaining (4)
Quick resolution
Sort serious and non serious cases
Trials are risky and time consuming
Attorney’s still negotiate
The rating system consists of __ categories from not serious and not protected to serious and vigorously protected.
4
Extralegal factors that influence a prosecutors charging decision (4)
Prior criminal history
Age
Health
Marital status
In FL ultimate sentence responsibility rests with …
The trial judge
In NY these laws attempted to limit the prosecutors ability to plea bargain
Rockefeller laws
T/F
Plea bargaining is supported by contract law
True
A trail in which the judge is both the trier of law and the trier of fact.
Bench trial
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
Trial jury
Who conquered England in 1066 and also set up procedures that set the stage for modern juries.
The Normans
In 1215, England’s King John signed the _____________. It’s article 39 provides some basis for modern juries.
Manga carta
T/F
The right to a jury trial has always been recognized on both state and federal levels.
False. Always recognized federally, not extended to the states until 1968 (Duncan v. Louisiana)
A term that literally means “to see what is said” it refers to the jury selection process
Voir Dire
Three main steps to the voir dire process
Questioning by the judge
Challenges for cause
Peremptory challenges
T/F
A peremptory challenge cannot be used to excuse a juror based on race.
True
T/F
A 12 person jury is a constitutional requirement
False
The court case that concluded that a 5 member jury was unconstitutional
Ballew v. Georgia
The appropriate size for a jury is anywhere between __ and __ members
6, 12
Juror characteristics refer to all manner of individual demographics such as ___, ______, and _________________.
Age, race and employment status
The tendency for jurors to fall back on their own guy instincts when presented with evidence that is vague
Liberation hypothesis
The practice of either ignoring or misapplying the law in a certain situation
Jury nullification
The return of a jury verdict that reflects prejudiced or bigoted community standards and convicts when the evidence does not warrant it
Jury vilification
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
US v. Marion
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
Accusation rule
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
Special voir dire
T/F
Courts have experimented with gag orders on trial participants
True
Trails begin with …
Opening statements
The standard of proof in a criminal case
Beyond a reasonable doubt
The standard of proof in a civil trial
Preponderance of evidence
Proof beyond a reasonable doubt amounts to ___ % certainty and reasonable doubt amounts to ___%
95, 5
Evidence that proves a fact without the need for the juror to infer anything from it
Direct evidence
Evidence that seeks to demonstrate a certain point
Demonstrative evidence
A question that does not call for a narrative
Specific question
When the posing attorney questions the witnesses
Cross examination
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
True
A jury that is so irreconcilably divided in opinion after deliberations that they are unable to reach any verdict
Hung jury
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
Allen Charge
T/F
Juries convict defendants 5 times as often as they acquit them
True
T/F
Some differential treatment is desirable and necessary, but most is not.
True
A legitimate reason for differential treatment
To speed up the administration of justice
T/F
The most well known form of differential treatment is based on sex
False, based on race or ethnicity
A difference in how a person or group is treated that does not necessarily involve discrimination
Disparity
This type of discrimination occurs at all stages of the CJS as well as all times and places
Systematic discrimination
When there is no racial or ethnic discrimination at all
Pure justice
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
True
This was first introduced by Lawrence Friedman and Robert Percival in their book The Roots of Justice
The wedding cake model
Name the layers of the wedding cake model from top to bottom (4)
Celebrated cases
Serious felonies
Not so serious felonies
Misdemeanors
The term _____ refers to disturb physical characteristics such as skin color. While _______ refers to a shard national, religious or cultural heritage
Race, ethnicity
T/F
Minorities are arrested more that whites
True
One California study found that __% of black men were likely to be arrested by age 30.
66
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.
60, 35
This court case now defines articulable standards for conduct of warrant less stop and frisk searches
Terry v. Ohio
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
True
In sheer numbers, African Americans are convicted ____ than whites
Less
As far back as ______ researchers began to explore possible racial/ethnic bias in sentencing
1935
On the whole, evidence suggests that African American and Hispanic offenders are _____ likely to be sent to prison.
More. And for longer
Amount of probationers
Amount of parolees
4 million
800,000
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
Guided-discretion laws
A term coined by Brian Forst to describe the many types of mistakes the CJS can make
Error of justice
The decade when DNA testing entered the mainstream
1980’s
An organization that seeks to exonerate wrongfully convicted persons through DNA testing in accordance with Cordozo Law school in NY
Innocence project
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
Exoneration
T/F
Plea bargains should take an executive role, rather than a legislative one.
True
