SECTION 1 Flashcards
1
Q
Courts
A
Is an institution that the government sets up to settle disputes through a legal process
2
Q
Adjudication
A
Settle disputes through legal process
3
Q
Jurisdiction
A
Persons over whom a court has power;
Subject matter about which a court can make a legally binding decision.
4
Q
The power to hear a case and issue a ruling is called the
A
jurisdiction
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
6
Q
Does the United States have a dual court system?
A
yes
7
Q
Article III, states in part:
A
judicial power shall be vested in US Supreme court
8
Q
which is the first senate bill:
A
judiciary bill of 1789
9
Q
what are the two cultural ideas that influenced the juvenile court?
A
childhood and social control
10
Q
which environmental factors exposed children
A
urbanization and both parents working
11
Q
what was the imagery of children
A
dependent, vulnerable, and innocent
12
Q
who are the progressive child savers?
A
individuals with reform agendas
13
Q
what was the current conception?
A
rehabilitation rather than punishment
14
Q
positivism challenged classical how?
A
positivism: find variables and fix
classical: blameworthy ; free will.
15
Q
was there a shift to judicial welfare from what ?
A
criminal justice
16
Q
positivist criminology rested on which two assumptions?
A
malleability; availability of intervention strategies - to act in the child’s best interest.
17
Q
procedurally for juvenile courts it was softened?
A
yes, informal, confidential hearings, euphemistic vocal.,
18
Q
substantively?
A
indeterminate, non proportional, treatment, supervision (not punishment) focused on future welfare not past offenses.
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
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.
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.
22
Q
migration of blacks and a rise in juvenile delinquency
made the community cry for “law and order”
A
yes
23
Q
politicians fear being labeled “soft on crime”
A
true
24
Q
ratchet-up punitiveness
A
true
25
In which US Supreme court decision did the transformation begin?
In re Gault
26
did race provide the impetus for the US supreme Court to expand procedural rights?
yes, but now the juvenile system use increasingly punitive sentences disproportionately on minority offenders
27
In re Gault was a complete procedural revolution?
false
28
Are States continuing to manipulate the fluid concept?
yes
29
formal equality results in practical inequality
"Knowing, intelligent, and voluntary, under the totality of the circumstances." - to gauge waivers of rights; even though juveniles lack the legal competence of adults.
30
is miranda rights and wavier for right to counsel another issue in juvenile procedural deficiencies?
yes
31
soft end
diverting status offenders
32
hard end
adult criminal prosecution
33
residual, middle range, or ordinary delinquents
more sever punishment
34
juvenile courts punish rather than treat juvenile offenders
true
35
juvenile procedural regime is harsher than criminal court?
true
36
is the combination of social welfare and penal social control under one agency the reason why both missions are done badly?
yes
37
if we want child welfare why is criminal court first?
contradiction
38
criminal court doesn't address the fundamental needs of a child?
true
39
States should uncouple social welfare from social control
yes
40
do states currently engage in criminal social control?
yes
41
are juvenile courts attempting to maintain a dichotomous(opposing different opposite) and contradictory criminal justice systems?
yes
42
is "quality of decisions" between adults and children a result of developmental characteristics?
yes
43
are the developmental brain differences between adults and children a justification for a more protective stance when states sentence young offenders?
yes
44
quality of judgment and self-control directly influence their degree of criminal responsibility and deserved punishment?
true
45
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.
true
46
are life consequences the culprit in allowing children to learn self-control, delayed gratification techniques, and responsibility?
yes
47
who ignores the adolescent continuum?
the jurisprudential (science or philosophy of law) foundation of the juvenile court
48
what do current juvenile jurisprudential foster?
an either or forced choice in sentencing
49
what is recommended by the author?
lesser responsibility and lesser sentences than a full rehabilitative philosophy.
50
what should sentencing policy include?
youthfulness, reduced culpability, restricted ability to learn self-control, and proportionate penal principals.
51
what is the outcome of this new sentencing policy?
categorical fractional reductions of adult sentences.
52
what is a categorical approach?
an explicit youth discount in time when being sentenced. A sliding scale form. less % of adult time dependent on age of child.
53
what is the barrier to these reductions in youth sentences
the ability for the state to pass laws that are explicit fractional reductions in youth sentences.
54
what will happen if an idiosyncratic "youth discount" approach is taken within the flawed system?
there is a risk of reproducing all of the inequalities and injustices in the juvenile sentencing phase.
55
virtue?
showing high moral standards
56
moral?
concerns with right and wrong and good and bad of human character or choices.
57
is it moral to have an age-culpability sentencing scheme in an integrated criminal justice system?
yes
58
bifurcation
a division of something into two branches or parts.
59
do we currently have a bifurcation system or an integrated juvenile justice system?
bifurcation system that doesn't allow efficient record keeping or identification of career offenders.
60
if society affirms partial responsibility of youth delinquency what does this constitute?
a virtue
61
Anatomy of a felony trial has how many steps?
8
62
name each step in Lofton's anatomy of a felony trial:
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
what three pieces of information is given during the arraignment hearing?
charges
rights
plea
64
when is it appropriate for the prosecutor to show probable cause, crime committed, and who committed the crime
preliminary hearing
65
which hearing is designed to weed out baseless charges?
preliminary hearing
66
during he preliminary hearing how many charges are required to hold the defendant to answer?
one or more
67
Could the second arraignment include charges not mentioned in the preliminary hearing?
no
68
during which time does the defendant use his subpoena power
during the 60-days to trial
69
in Lofton's anatomy is there a distinction between investigator and attorney?
yes
70
what is allocution
admission and explanation of what happened.
71
Alford plea?
guilty but denies having committed the crime to which he or she is pleading.
72
does the the defendant have a right to all exculpatory evidence?
yes
73
Which supreme court decision gave legal weight to discovery of all exculpatory evidence?
Brady v. Maryland
74
what is one reason for a change of venue
impartial jury
75
what two reasons are used to file a motion for "dismissal of charges"
no probably cause or insufficient evidence to support the charges filed by the state.
76
what is reciprocal discovery ?
when the prosecution motions for discovery of plea; physical and mental results; name and addresses of witnesses that are subpoenaed and witness statements
77
what is a motion for severance of defendants?
separate co-defendants schedule for the same trial dates that may interfere with an innocent finding.
78
what is a motion for determination of competency?
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
does a preemptory challenge need to show cause?
no
80
are challenges for cause limited?
no
81
does a jury have to be 12 members?
no, there have been juries as small as six.
82
what is a jury of one's peers
citizens of the community in which the crime was committed.
83
In reality is it an adversarial process?
no
84
what is it then?
cooperation and consensus
85
Is the American court system dominated by guilty please?
yes
86
negotiated guilty please is the foreseeable future of the American court system?
yes
87
what is crucial?
competent attorney in all criminal cases for defendants facing the loss of liberty.
88
what are the two purposes of the right to counsel?
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
right to representation is only afforded at crucial stages
true
90
is bail hearing a critical stage
yes
91
what is "racial lumping"
when minorities despite significant differences are lumped together.
92
narrow-sightededness of researchers
think minorities are a "mirror image" of each other
93
2018
18% of population is Hispanic (fastest growing) 25% in 2050
94
Africans and Hispanics have many historical and cultural differences and many similar experiences here in the US
true
95
what are the seven ways that bond could be established in both state and federals systems?
1) RO
2) property bond
3) deposit bail
4) conditional release
5) third-party custody
6) unsecured or signature bond
7) attorney affidavit
96
which amendment prevents an unreasonable and excessive bond amount?
eighth amendment
97
what are the setbacks of not being bailed from jail
attorney contact; finding evidence and witnesses; stereotyped as dangerous (conviction rates and longer sentences);
98
do non-whites receive a higher bail than whites?
yes; inclusively below the bail guidelines.
99
which race was found to have the least favorable pre-trial release? white, black or hispanic?
hispanic
100
are hispanic bail amounts excessive when compared to white and blacks?
yes
101
do defendants fare better when using private or public attorneys?
private
102
in murder cases- private attorneys - are more successful in securing bail.
true
103
year
1996
104
are 95% of all convictions a guilty plea?
yes
105
do negotiations occurs before the guilty plea?
yes
106
what does article II secure
trial by jury
107
did plea bargaining increase after the civil war
yes
108
ad hoc
formed or arranged for a particular purpose only
109
stand mute at sentencing or sentence lid are used in plea bargainings?
yes
110
judge accepts or denies but if denies what?
defendant could remove his guilty plea
111
usually its charge and sentence reductions but what is another from?
Ad Hoc Plea Bargaining
112
quid pro quo
a favor or advantage for an agreement on something
113
Ad Hoc Plea Bargaining are "unusual concessions"
true
114
are proponents of plea bargaining are really about what?
benefits
115
what three benefits are afforded to a court room workgroup via plea bargaining
avoid conflict,
reducing uncertainty
workgroup cohesion
116
quickly and efficiently is a huge concern for both prosecutors and defendants.
true
117
which is the most pervasive argument about plea bargaining?
it undermines the integrity of the criminal justice system
118
plea bargaining opponents say
it perverts justice, undercuts rights, and coerces defendants to plead guilty.
119
plea bargaining opponents say
it perverts justice, undercuts rights, and coerces defendants to plead guilty.
120
what are alternative to plea bargaining?
cutoff dates; trade plea bargaining for right to trial; conditional plea bargaining (california). no pleas with negotiated sentences (AZ).
