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Jeffco/Lakewood Week 3 > Judicial Process > Flashcards

Judicial Process Flashcards

1
Q

Criminal law

A
  1. regulates behavior
  2. Through their legislators,
  3. decide cannot be tolerated. Criminal law sets forth the types of behavior deemed criminal, establishes the rules governing the apprehension, prosecution and defense of people who are suspected of committing crimes.
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2
Q

What does Criminal law set forth?

A
  1. the types of behavior deemed criminal,
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3
Q

What does criminal law establish?

A
  1. The rules governing the:
    - apprehension
    - prosecution
    - and defense of people who are
    suspected of committing crimes.
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4
Q

Jurisdiction of Federal Courts

A
  1. courts of limited jurisdiction
  2. jurisdiction granted by constitution or legislative act
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5
Q

Federal Courts handle what cases?

A
  1. Us constitutional law questions
  2. laws and treaties
  3. disputes in which the us is a participant
  4. disputes between states
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6
Q

What is the Highest Court of the Land

A

U.S Supreme Court

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7
Q

How and when was the Supreme court established?

A

the Judiciary act of 1789

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8
Q

Who appoints and confirms the U.S Supreme Court Members

A

Appointed by President and Confirmed by congress

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9
Q

How many Federal Circuit Courts are there

A

13

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10
Q

What Circuit is Colorado in?

A

10th Circuit Court

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11
Q

10th Circuit Court has how many judges?

A

19

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12
Q

how many chief judges?

A

1

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13
Q

How many Senior Judges

A

8

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14
Q

How many Regular judges

A

11

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15
Q

How many US District Court of Colorado

A

7 regular judges
9 senior judges
8 magistrates

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16
Q

Established by the Judiciary act of 1789

A

Supreme Court (1) (7 Judges)
Court of Appeals (1) (22 Judges)
District Courts (22)
County Courts (64)
Municipal Courts (250)

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17
Q

District Court

A
  1. Civil Cases (any amount)
  2. Domestic Relations
  3. Juvenile
  4. Probate
  5. Mental health
  6. Appeal up to Appeals Court or Supreme
    Court
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18
Q

County Court

A
  1. Civil up to 25,000
  2. Protection order
  3. small claims
  4. court of appeal up to District Court
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19
Q

Federalism

A
  1. Two concurrent governing authorities
  2. This was to prevent the federal authority
    from getting too powerful
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20
Q

State and Federal Courts

A
  1. Both courts can rule on matters of state and federal law
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21
Q

What courts handle the majority of the criminal cases

A

State

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22
Q

Who are the final arbiters on state law and state constitutions?

A

State
(Subject to federal preemption)

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23
Q

Who may review on appeal state courts interpretation of federal laws

A

Federal

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24
Q

Prosecutor

A
  1. Seek truth and Justice
  2. Represent the public interest
  3. Make charging decision
  4. Bears Burden of Proof
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25
Q

Defense

A
  1. Represent the accused
  2. attempting to create reasonable doubts
  3. Constitutional and Procedural rule
  4. Prove affirmative defense
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26
Q

Prosecution

A

district attorney, states attorney, us attorney, muicipal attorney

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27
Q

What is the Duty of the Prosection

A

Duty = Seek Justice

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28
Q

What forms of Prosecutorial Discretion is there?

A
  1. What charges, if any, to bring =
  2. reasonable likelihood of conviction (not
    merely probable cause) Who to charge
  3. Disposition of charges
  4. Sentencing recommendations
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29
Q

How many Judicial Districts are there in Colorado?

A

22 Judicial Districts

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30
Q

Election term limit for Prosecutors

A

Elected DA – term limited ( 2 term of 4 years)

31
Q

What part of the Government are Prosecutors belonging to?

A

Judicial Branch

32
Q

Charging criteria

A
  1. Evidence must show the guilt of the
    accused.
  2. Sufficient legal and admissible evidence
    of the crime.
  3. Sufficient legal and admissible evidence
    of the identity of the perpetrator.
33
Q

What is the standard for charging individuals for the Prosecution

A

A reasonable likelihood that the crime charged can be proven, beyond a reasonable doubt, unanimously, to twelve jurors at trial, after considering all reasonable defenses.

34
Q

Defense Amendments

A

5th and 6th

35
Q

Defense types

A
  1. private
  2. public defender
  3. alternate defense counsel
  4. pro se
36
Q

Duty of Defense

A

zealously represent their client

37
Q

Strickland Case

A
  1. ineffective Counsel case
  2. defendants right for re-trial
38
Q

Types of Crimes

A
  1. Felonies-most serious crimes and
    carry Department Of Corrections
    sentences
  2. Misdemeanors carry possible county jail
    sentences
  3. Petty offenses
39
Q

Who determines conduct constitutes a crime and what level the crime is?

A

State legislature

40
Q

What is the Minimum to maximum for Felony

A

1 year to life

41
Q

What is the Minimum to Maximum for misdemeanor

A

364 in jail to max 1,000 fine

42
Q

Petty Offenses

A

Jail or fine

43
Q

How many felony classes are there

44
Q

How many Misdemeanor classes are there

45
Q

How many petty offense classes are there?

46
Q

Reasonable Suspicion Stop

A
  1. stopping a suspect
  2. weapons search
47
Q

RS (stopping a suspect)

A
  1. terry stops
  2. RS of criminal activity
  3. Basic questions
  4. DON’T ask for SSN
  5. Not an arrest
48
Q

Weapons Search

A
  1. more RS needed to
    being armed
  2. RS says your safety
    requires it
49
Q

Discretion Definition

A
  1. The power or right to decide or act
    according to one’s own judgment.
50
Q

T/F
Law enforcement officers start the discretionary process. Law enforcement, out of necessity, must engage in selective enforcement regarding the enforcement of laws and must choose from a variety of alternative actions in order to resolve the situation.

51
Q

Where is most discretion used in LE

A
  1. misdemeanor
  2. traffic
52
Q

What situations can an officer rely on Discretion

A
  1. unclear laws
  2. nuisance behavior
  3. ambiguity in state statutes
  4. moral standards
  5. outdated laws
53
Q

Arrest Definition

A

Restraint a persons freedom in a significant way

54
Q

In what ways can someone be under arrest

A
  1. warrant
  2. crime in presence
  3. probable cause of prior crime
55
Q

ARRAIGNMENT definition

A
  1. act of calling the defendant into open
    court
  2. informing him of the offense with which
    he is charged
  3. and an entry of a plea to the charge
56
Q

T/F
202-defendant must be present in M-1 and felonies, except for good cause attorney may enter plea of NG w/o defendant

57
Q

Bail Definition

A
  1. A security which may include a bond
    with or without monetary,
  2. required by the court for the release of a
    person in custody
  3. Set to provide reasonable assurance of
    public safety and court appearance.
58
Q

Three methods to bring charges

A
  1. Indictment
  2. information
  3. Complaint
59
Q

Indictment

A

charges brought by Grand Jury

60
Q

Information

A

charges brought by District Attorney filed in District Court

61
Q

Complaint

A

charges brought by District Attorney filed in County Court

62
Q

PLEA DISCUSSIONS

A
  1. Process by which case is resolved
    without going to trial.
  2. Agreement reached between District
    Attorney and defendant
  3. An absolute necessity in the criminal
    justice system (economic and just)
  4. Judiciary Efficiency
63
Q

Forms of bargains

A
  1. Reduced charges
  2. Consolidation of cases
  3. Multi-jurisdictional cases
  4. ADP, deferred prosecution
  5. Sentencing-recommendations
  6. For cooperation-agreements with
    defendants
64
Q
A

Judge can meet with parties and indicate position. If that changes post-plea defendant may withdraw plea

65
Q

Can a Judge can refuse proposed plea

66
Q

T/F
Judge not permitted to participate in plea discussions

67
Q

Need for plea bargaining is due to what?

68
Q

SOURCE OF INFORMATIO

A
  1. Types of informants
  2. Credibility quotient
  3. Articulation of this in affidavit and
    on witness stand
69
Q

Preliminary Hearing is reserved for who?

A
  1. charged with class 1, 2, or 3
    felonies
  2. 4, 5, and 6 felonies which requires
    • a mandatory sentence
    • or is a crime of violence
70
Q

Voir Dire definition

A

Jury Selection

71
Q

Trial parts

A
  1. Voir Dire
  2. Opening Statement
  3. Prosecution case in chief
  4. Motions
  5. Defense case in chief (optional)
  6. closing statements
  7. Jury verdict
72
Q

Prosecution case in chief

A
  1. witness
    • directed by prosecution
    • cross-examination by defense
    • re-direct by prosecution
  2. prosecution rests
73
Q

Defense case in chief (optional)

A
  1. witnesses
  2. defense rests
74
Q

Mandatory Sentences for violent offenders

A

extraordinary aggravating circumstances

Jeffco/Lakewood Week 3 (8 decks)

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