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Criminal Justice > Kaitlyn Orsini > Flashcards

Kaitlyn Orsini Flashcards

To study

1
Q

Writ of Certiorari

2 things

A

1) Formal written order by a judge or other body with administrative or judicial jurisdiction to decide what cases to hear.
2) It goes to the Supreme Court

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2
Q

US Circuit Court of Appeals

4 things

A

1) Appellate appointed by the President of the U.S.
2) Empowered to review federal and state appellate court on substantive and procedural issues, including rights guaranteed by the constitution.
3) DOESN’T retry cases or determine whether the facts brought out during trial support conviction or dismissal
4) Analyze judicial interpretations of law such as charge to the jury and reflect on constitutional issues involved

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3
Q

NY Court of Appeals

7 things

A

1) Highest court under New York’s state system
2) Court of last resort for state remedies
3) Civil and criminal jurisdiction
4) Judges are nominated by the governor and must be ratified by NY state senate
5) 7 judges on NY state of appeal
6) 5 judges are needed for quorum
7) 4 are needed for a decision

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4
Q

Surrogates Court

4 things

A

1) Does NOT have criminal jurisdiction
2) Has jurisdiction over matters of: DECEASED, GUARDIANSHIP, MATTERS OF ADOPTION, MATTERS OF DISTRIBUTION OF ESTATE WHEN SOMEONE DIES
3) Judges are elected
4) One judge in each county EXCEPT NY county has 2

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5
Q

NYC Civil Court

4 things

A

1) Civil jurisdiction
2) Hears civil cases
3) Judges are elected
4) The court to go to when people are seeking $25,000 or less

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6
Q

NY Supreme Court

5 things

A

1) There is only one Supreme Court with a branch in each county
2) Justices are elected
3) Trial court, civil or criminal cases
4) Has almost all the jurisdiction
5) Highest appellate body, is the court of last resort
6) Does Felony trials and civil trials

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7
Q

City courts

5 things

A

1) NO city courts in NYC
2) 62 cities
3) Judges are elected
4) Criminal and civil jurisdiction
5) Misdemeanor and lesser offenses

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8
Q

Town and village courts

3 things

A

1) Judges are elected
2) Criminal and civil jurisdiction
3) Criminal cases- misdemeanor or lesser offenses

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9
Q

Family courts

3 things

A

1) Jurisdiction over family matters: CUSTODY, FRATERNITY, ADOPTION, ABUSE, PARENTAL RIGHTS
2) Have Juvenile delinquency’s
3) No jury, judge decides

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10
Q

Court of claims

5 things

A

1) When you sue and the state is the defendant
2) Judges are appointed by the governor
3) No jury, court decides
4) NO criminal jurisdiction
5) Civil jurisdiction

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11
Q

NYC Criminal Courts

4 things

A

1) Criminal Jurisdiction
2) Criminal Cases- misdemeanor or lesser offenses
3) Trials start as a felony but can’t remain, if they remain it GOES TO SUPREME COURT
4) Judges are appointed by the mayor

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12
Q

Federal Court System

3 things

A

1) Highest court- U.S Supreme Court
2) Circuit court of appeals - 13 throughout our country, subdivided into 11 circuits, 2 additional (DC & Federal)
3) They can only hear cases authorized by the United States Constitution or federal statutes. Is the starting point for any case arising under federal statutes, the Constitution, or treaties.

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13
Q

Appellate Division of Supreme Court

4 things

A

1) Civil and criminal cases
2) Justices are elected to Supreme Court and then appointed to sit on appellate division by the governor
3) 4 justices are needed for a Quorum
4) 3 justices to make a decision

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14
Q

Appellate Division reports designated by what case citation?

A

AD 115AD2d93

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15
Q

Appellate Term of the Supreme Court

3 things

A

1) Only exists in 1st and 2nd departments
2) Are elected by the Supreme Court
3) Has criminal and civil jurisdiction

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16
Q

When an Appellate Court decides to render a decision you have….

A

Majority opinion

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17
Q

County Courts

7 Things

A

1) An appellate court and a trial
2) Civil and criminal jurisdiction
3) Appellate and trial subject matter jurisdiction
4) Judges are elected
5) No county courts within the 5 counties of NYC
6) Felony and less for criminal trails we go to county court
7) If you are outside of NYC you go to county court

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18
Q

District Courts

6 things

A

1) Exists only in Nassau and Suffolk county
2) Civil and Criminal jurisdiction
3) Criminal jurisdiction for misdemeanor and minor offenses
4) Judges are elected
5) A trial court
6) Jurisdiction over: VIOLATIONS OF FEDERAL LAW, KIDNAPPINGS and SOMETIMES CITIZENSHIP

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19
Q

Some courts cannot hear criminal cases because…

A

They have no authority

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20
Q

If “NY” is in citations it means…

A

It comes from the NY state of appeals

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21
Q

Laws come from..

A

Statues or state decisions

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22
Q

1 court of appeal in NY is in…

A

Albany because it’s the capitol

23
Q

NY state is divided into how many departments?

A

4

24
Q

Within each department there’s a..

A

County

25
Q

How many counties in New York?

A

62

26
Q

How many cities in New York

A

62

27
Q

What counties are in the first department?

A

Bronx and New York

28
Q

How many counties in the second department? What are they?

A 
Kings (Brooklyn)
Queens
Nassau
Richmond (Staten Island)
Suffolk
WDORP: Westchester
                Dutchess
                Orange
                Rockland
                Putnam
29
Q

Appellant means to..

A

appeal

30
Q

Respondent is…

A

the party responding to appeal

31
Q

Opinion that goes with the majority

A

concurring

32
Q

Opinion that disagrees with majority…

A

Discenting

33
Q

When does the Supreme Court term begin?

A

First Monday of October

34
Q

How many cases brought to the Supreme Court? How many do they take?

A

8,000 brought and 80 are taken

35
Q

“Kaitlyn vs…”

A

Means civil case

36
Q

“People vs…”

A

Means criminal case

37
Q

What police can do, 4 levels of permissible police intrusion is under…

A

Police v. Debour

38
Q

Level 1 of People V. Debour

3 things

A

1) Police are entitled to approach and request from an individual provided they have an objective credible reason for the approach, not necessarily indicative of criminality.
2) Can ask non-threatening questions: Name, address, destination
3) Cannot cause people to reasonably believe they’re suspected of a crime

39
Q

Level 2 of People v. Debour

5 things

A

1) Entitled to approach a citizen and make inquiry of a more intrusive nature (the common law right to inquire) when the officer has a “founded suspicion that criminal activity is afoot,” and that the citizen may be involved. However, the police action must be short of a forcible seizure.
2) Can ask pointed that would reasonably lead one to believe that he/she is suspected of a crime
3) Questions can be more extended and accusatory. Focus on possible criminality
4) Force MAY NOT be used
5) Person can use their 5th amendment right

40
Q

Level 3 of People v. Debour

A

1) The police may forcibly pursue and or stop and detain an individual
2) - that is, significantly prevent that person’s freedom of movement if they have information, though falling below the probable cause necessary to arrest
3) provided them with a “reasonable suspicion that a crime has been, is being, or is about to take be committed,” by that individual.
4) The police officer may also frisk if they reasonably suspect that their safety is in danger because the individual is armed.

41
Q

Level 4 of People v. Debour

A

Arrest, where this probable cause

42
Q

Probable cause to arrest

A

Is the standard by which police authorities have reason to obtain a warrant for the arrest of a suspected criminal or the issuing of a search warrant

43
Q

Frisking means to…

A

To pat down

44
Q

Frisking is NOT

A

A search

45
Q

The Police CANNOT chase you unless…

A

You fit the description of a suspect of a crime

46
Q

FLIGHT (running away) is subject to..

A

an innocent interpretation

47
Q

The government MAY NOT

A

Intrude on our liberty

48
Q

The police CAN’T …

A

profile people as a basis for a stop

49
Q

4th amendment

A

Protect you against unreasonable searches

50
Q

5th amendment

A

Right to not say anything

51
Q

Objective Credible Reason

2 things

A

1) Based on more than a hunch.
2) Reason to gather more information may relate to public safety/service function or law enforcement function, but NOT to be based on any indication of criminality

52
Q

Reasonable Suspicion

A

1) Exists when the information known to the member of the service would make an ordinarily cautious police office under the circumstances believe criminal activity is at hand.
2) The officer must have an objective basis for suspecting the person stopped of criminal conduct
3) Officer must be able to articulate specific facts establishing justification for the stop
4) HUNCHES ARE NOT SUFFICIENT

53
Q

Founded Suspicion

A

Arises when there is some present indication of criminality based on observable conduct or reliable hearsay information

54
Q

Subject matter jurisdiction

A

The courts authority to hear a particular case

Criminal Justice (1 decks)

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