Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

COURTS TEST > SECTION 1 > Flashcards

SECTION 1 Flashcards

1
Q

Courts

A

Is an institution that the government sets up to settle disputes through a legal process

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Adjudication

A

Settle disputes through legal process

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Jurisdiction

A

Persons over whom a court has power;

Subject matter about which a court can make a legally binding decision.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

The power to hear a case and issue a ruling is called the

A

jurisdiction

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q 
Geographical jurisdiction;
Subject matter jurisdiction;
Persons or Parties;
Original jurisdiction;
Appellate jurisdiction
A 
political boundaries
type of cases
who
authority to try a case
review the lower court
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Does the United States have a dual court system?

A

yes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Article III, states in part:

A

judicial power shall be vested in US Supreme court

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

which is the first senate bill:

A

judiciary bill of 1789

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

what are the two cultural ideas that influenced the juvenile court?

A

childhood and social control

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

which environmental factors exposed children

A

urbanization and both parents working

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

what was the imagery of children

A

dependent, vulnerable, and innocent

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

who are the progressive child savers?

A

individuals with reform agendas

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

what was the current conception?

A

rehabilitation rather than punishment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

positivism challenged classical how?

A

positivism: find variables and fix
classical: blameworthy ; free will.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

was there a shift to judicial welfare from what ?

A

criminal justice

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

positivist criminology rested on which two assumptions?

A

malleability; availability of intervention strategies - to act in the child’s best interest.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

procedurally for juvenile courts it was softened?

A

yes, informal, confidential hearings, euphemistic vocal.,

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

substantively?

A

indeterminate, non proportional, treatment, supervision (not punishment) focused on future welfare not past offenses.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

The progressive child savers abused the system and used it to discriminate, Americanize, and use a mechanism to distinguish “our children” and “other people’s children.”

A

true

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

what are the binary conceptions of the juvenile system?

A

child or adult ; deterministic or free-will; dependent or responsible; treatment or punishment; welfare or deserts (deserving good or bad); procedural informality or formality; discretion or the rule of law.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

for the past 30-years what has caused a shift to the latter in the binary system?

A

structural and racial transformation of cities; rise in serious youth crime; erosion of rehabilitative assumptions.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

migration of blacks and a rise in juvenile delinquency

made the community cry for “law and order”

A

yes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

politicians fear being labeled “soft on crime”

A

true

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

ratchet-up punitiveness

A

true

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

In which US Supreme court decision did the transformation begin?

A

In re Gault

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

did race provide the impetus for the US supreme Court to expand procedural rights?

A

yes, but now the juvenile system use increasingly punitive sentences disproportionately on minority offenders

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

In re Gault was a complete procedural revolution?

A

false

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

Are States continuing to manipulate the fluid concept?

A

yes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

formal equality results in practical inequality

A

“Knowing, intelligent, and voluntary, under the totality of the circumstances.” - to gauge waivers of rights; even though juveniles lack the legal competence of adults.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
30
Q

is miranda rights and wavier for right to counsel another issue in juvenile procedural deficiencies?

A

yes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
31
Q

soft end

A

diverting status offenders

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
32
Q

hard end

A

adult criminal prosecution

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
33
Q

residual, middle range, or ordinary delinquents

A

more sever punishment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
34
Q

juvenile courts punish rather than treat juvenile offenders

A

true

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
35
Q

juvenile procedural regime is harsher than criminal court?

A

true

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
36
Q

is the combination of social welfare and penal social control under one agency the reason why both missions are done badly?

A

yes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
37
Q

if we want child welfare why is criminal court first?

A

contradiction

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
38
Q

criminal court doesn’t address the fundamental needs of a child?

A

true

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
39
Q

States should uncouple social welfare from social control

A

yes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
40
Q

do states currently engage in criminal social control?

A

yes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
41
Q

are juvenile courts attempting to maintain a dichotomous(opposing different opposite) and contradictory criminal justice systems?

A

yes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
42
Q

is “quality of decisions” between adults and children a result of developmental characteristics?

A

yes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
43
Q

are the developmental brain differences between adults and children a justification for a more protective stance when states sentence young offenders?

A

yes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
44
Q

quality of judgment and self-control directly influence their degree of criminal responsibility and deserved punishment?

A

true

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
45
Q

Zimring (1982) talks about a “learners permit” or “semi-autonomy” a way to not suffer long term consequences when learning how to make good choices and be responsible.

A

true

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
46
Q

are life consequences the culprit in allowing children to learn self-control, delayed gratification techniques, and responsibility?

A

yes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
47
Q

who ignores the adolescent continuum?

A

the jurisprudential (science or philosophy of law) foundation of the juvenile court

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
48
Q

what do current juvenile jurisprudential foster?

A

an either or forced choice in sentencing

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
49
Q

what is recommended by the author?

A

lesser responsibility and lesser sentences than a full rehabilitative philosophy.

50
Q

what should sentencing policy include?

A

youthfulness, reduced culpability, restricted ability to learn self-control, and proportionate penal principals.

51
Q

what is the outcome of this new sentencing policy?

A

categorical fractional reductions of adult sentences.

52
Q

what is a categorical approach?

A

an explicit youth discount in time when being sentenced. A sliding scale form. less % of adult time dependent on age of child.

53
Q

what is the barrier to these reductions in youth sentences

A

the ability for the state to pass laws that are explicit fractional reductions in youth sentences.

54
Q

what will happen if an idiosyncratic “youth discount” approach is taken within the flawed system?

A

there is a risk of reproducing all of the inequalities and injustices in the juvenile sentencing phase.

55
Q

virtue?

A

showing high moral standards

56
Q

moral?

A

concerns with right and wrong and good and bad of human character or choices.

57
Q

is it moral to have an age-culpability sentencing scheme in an integrated criminal justice system?

A

yes

58
Q

bifurcation

A

a division of something into two branches or parts.

59
Q

do we currently have a bifurcation system or an integrated juvenile justice system?

A

bifurcation system that doesn’t allow efficient record keeping or identification of career offenders.

60
Q

if society affirms partial responsibility of youth delinquency what does this constitute?

A

a virtue

61
Q

Anatomy of a felony trial has how many steps?

A

8

62
Q

name each step in Lofton’s anatomy of a felony trial:

A

1) complaint;
2) 48-hour arraignment;
3) 10-days preliminary hearing;
4) 14-days second arraignment or information;
5) 60-days right to trial;
6) trial;
7) 5-14 days sentence hearing that stems from admission of guilt or finding;
8) progress report (parolee = parole officer or probation = judge)

63
Q

what three pieces of information is given during the arraignment hearing?

A

charges
rights
plea

64
Q

when is it appropriate for the prosecutor to show probable cause, crime committed, and who committed the crime

A

preliminary hearing

65
Q

which hearing is designed to weed out baseless charges?

A

preliminary hearing

66
Q

during he preliminary hearing how many charges are required to hold the defendant to answer?

A

one or more

67
Q

Could the second arraignment include charges not mentioned in the preliminary hearing?

A

no

68
Q

during which time does the defendant use his subpoena power

A

during the 60-days to trial

69
Q

in Lofton’s anatomy is there a distinction between investigator and attorney?

A

yes

70
Q

what is allocution

A

admission and explanation of what happened.

71
Q

Alford plea?

A

guilty but denies having committed the crime to which he or she is pleading.

72
Q

does the the defendant have a right to all exculpatory evidence?

A

yes

73
Q

Which supreme court decision gave legal weight to discovery of all exculpatory evidence?

A

Brady v. Maryland

74
Q

what is one reason for a change of venue

A

impartial jury

75
Q

what two reasons are used to file a motion for “dismissal of charges”

A

no probably cause or insufficient evidence to support the charges filed by the state.

76
Q

what is reciprocal discovery ?

A

when the prosecution motions for discovery of plea; physical and mental results; name and addresses of witnesses that are subpoenaed and witness statements

77
Q

what is a motion for severance of defendants?

A

separate co-defendants schedule for the same trial dates that may interfere with an innocent finding.

78
Q

what is a motion for determination of competency?

A

Motion to determine is competent to stand trial: must be granted if there is reasonable belief that a mental defect or disease is present. psychiatrist or clinical psychologist.

79
Q

does a preemptory challenge need to show cause?

A

no

80
Q

are challenges for cause limited?

A

no

81
Q

does a jury have to be 12 members?

A

no, there have been juries as small as six.

82
Q

what is a jury of one’s peers

A

citizens of the community in which the crime was committed.

83
Q

In reality is it an adversarial process?

A

no

84
Q

what is it then?

A

cooperation and consensus

85
Q

Is the American court system dominated by guilty please?

A

yes

86
Q

negotiated guilty please is the foreseeable future of the American court system?

A

yes

87
Q

what is crucial?

A

competent attorney in all criminal cases for defendants facing the loss of liberty.

88
Q

what are the two purposes of the right to counsel?

A

1- guide through a complicated process that is foreign to many lay person.
2- to ensure that the defendants constitutionally protected rights (procedural rules) are not infringed on.

89
Q

right to representation is only afforded at crucial stages

A

true

90
Q

is bail hearing a critical stage

A

yes

91
Q

what is “racial lumping”

A

when minorities despite significant differences are lumped together.

92
Q

narrow-sightededness of researchers

A

think minorities are a “mirror image” of each other

93
Q

2018

A

18% of population is Hispanic (fastest growing) 25% in 2050

94
Q

Africans and Hispanics have many historical and cultural differences and many similar experiences here in the US

A

true

95
Q

what are the seven ways that bond could be established in both state and federals systems?

A

1) RO
2) property bond
3) deposit bail
4) conditional release
5) third-party custody
6) unsecured or signature bond
7) attorney affidavit

96
Q

which amendment prevents an unreasonable and excessive bond amount?

A

eighth amendment

97
Q

what are the setbacks of not being bailed from jail

A

attorney contact; finding evidence and witnesses; stereotyped as dangerous (conviction rates and longer sentences);

98
Q

do non-whites receive a higher bail than whites?

A

yes; inclusively below the bail guidelines.

99
Q

which race was found to have the least favorable pre-trial release? white, black or hispanic?

A

hispanic

100
Q

are hispanic bail amounts excessive when compared to white and blacks?

A

yes

101
Q

do defendants fare better when using private or public attorneys?

A

private

102
Q

in murder cases- private attorneys - are more successful in securing bail.

A

true

103
Q

year

A

1996

104
Q

are 95% of all convictions a guilty plea?

A

yes

105
Q

do negotiations occurs before the guilty plea?

A

yes

106
Q

what does article II secure

A

trial by jury

107
Q

did plea bargaining increase after the civil war

A

yes

108
Q

ad hoc

A

formed or arranged for a particular purpose only

109
Q

stand mute at sentencing or sentence lid are used in plea bargainings?

A

yes

110
Q

judge accepts or denies but if denies what?

A

defendant could remove his guilty plea

111
Q

usually its charge and sentence reductions but what is another from?

A

Ad Hoc Plea Bargaining

112
Q

quid pro quo

A

a favor or advantage for an agreement on something

113
Q

Ad Hoc Plea Bargaining are “unusual concessions”

A

true

114
Q

are proponents of plea bargaining are really about what?

A

benefits

115
Q

what three benefits are afforded to a court room workgroup via plea bargaining

A

avoid conflict,
reducing uncertainty
workgroup cohesion

116
Q

quickly and efficiently is a huge concern for both prosecutors and defendants.

A

true

117
Q

which is the most pervasive argument about plea bargaining?

A

it undermines the integrity of the criminal justice system

118
Q

plea bargaining opponents say

A

it perverts justice, undercuts rights, and coerces defendants to plead guilty.

119
Q

plea bargaining opponents say

A

it perverts justice, undercuts rights, and coerces defendants to plead guilty.

120
Q

what are alternative to plea bargaining?

A

cutoff dates; trade plea bargaining for right to trial; conditional plea bargaining (california). no pleas with negotiated sentences (AZ).

COURTS TEST (1 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions