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Criminal Justice > Test 2 > Flashcards

Test 2 Flashcards

1
Q

questioning jurors and testing for bias

A

voir dire process

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2
Q

min % max time

A

intermediate sentence

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3
Q

6th amendment

A

jury trial, right to council, attorney (rights of the accused)

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4
Q

5th amendment

A

grand jury (due process), double jeopardy, self-incrimination

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5
Q

opening statementL

A

inditement
information
what the defendant pleads

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6
Q

character witness

A

testifies on good character

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7
Q

how a trial works

A

opening statements
prosecution evidence
defense evidence
rebuttal witness
closing arguments
instructions to jury
jury decision

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8
Q

enlightenment (1685-1815)

A

don’t beat people!

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9
Q

jury decision

A

deliberation
can sequestered
verdict

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10
Q

Elmira reformatory

A

the first reformatory
mark system: points to reduce sentences

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11
Q

Cincinatti 1870
reform

A

intermediate sentences
getting proof of reformation

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12
Q

plain view doctrine

A

can examine evidence without a warrant when it is in plain sight

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13
Q

sentencing guidelines

A

offense seriousness
base offense level
specific offense characteristics
adjustments
criminal history

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14
Q

defense

A

represents the accused
hired or assigned

duties:
represents clients
protects clients’ rights

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15
Q

police stop

A

temporary detention of a person for questioning or investigation based on reasonable suspicion

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16
Q

exigent circumstances exception

A

an arrest, search, or seizure can be made without a warrant when there is an immediate threat to public safety

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17
Q

contract system

A

selling prisoners to private companies
new york system

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18
Q

felony cases afforded bail

A

60%

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19
Q

forms of punishment

A

incarceration
intermediate sanctions
probation
capital punishment

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20
Q

voir dire process

A

questioning jurors and testing for bias

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21
Q

sequestered jury

A

a jury which is kept in a private location for part or the entirety of a trial

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22
Q

questions in restorative justice

A

what was the harm?
what can be done to repair it?

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23
Q

lease system

A

leasing work in exchange for food and clothing
south

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24
Q

corrections over time

A

1930-1970
rehabilitation model/medical model

1970s
community model

1980-present
crime control model

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25
Q

capital punishment

A

death
for capital offenses
varies per state
average time on death row: 9 yrs
each inmate is 1.2 mil more expense

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26
Q

instructions to jury

A

given by judge spoken to jury
tells them about laws, rules, etc.

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27
Q

minimum security

A

non-violent, first-time offenders
dorm/camp style

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28
Q

bail

A

a sum of money decided by the judge an accused person pays to be released before their trial

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29
Q

New York system

A

auburn correctional facility - 1819

congregate system:
work during the day

contract system:
selling prisoners to private companies

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30
Q

sentencing process

A

takes place after defendant is found guilty

judge examines sentencing guidelines and
judge examines pre-sentence report
judge considers statements from trial

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31
Q

demonstrative evidence

A

relevant evidence

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32
Q

determinant sentence

A

firm sentence

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33
Q

restitution

A

repairing the harm done
better for offender and victim
(restorative justice)

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34
Q

dual court system

A

federal and court states

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35
Q

next penitentiary

A

eastern state penitentiary
1829-1970
overcrowding ends confinement

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36
Q

public safety exception

A

police can forgo Miranda rights if doing so would threaten public safety

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37
Q

consecutive sentence

A

one after another

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38
Q

1980-present
crime control model

A

“get tough on crime”
war on drugs

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39
Q

high security

A

most violent offenders
cells, fences, armed guards, towers/patrols

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40
Q

first penitentiary

A

Pennsylvania
walnut street prison
1790-1838
separate rooms, silent

41
Q

intermediate sanctions

A

probation, fines, house arrest, and electronic monitoring

42
Q

pre 1800s punishment

A

all physical

43
Q

challenging for cause

A

attorneys can challenge the bias of jurors (unlimited)

44
Q

deterrence (type/goal of punishment)

A

punishment to discourage crime

general deterrence:
prevent crime in general public

specific deterrence:
stop recidivism

45
Q

adversarial process

A

at tourneys for both sides who produce and argue against evidence to find the truth

46
Q

incapacitation

A

removing offender form society to prevent future crime

selective incapacitation:
incarcerating high-risk offenders to prevent future crime

47
Q

congregate system

A

prisoners work during the day

48
Q

three roles of judges

A

adjudicator - decisions
negotiator - behind the scenes work
administrator - manage courthouse

49
Q

preemptory challenge

A

excusing jurors without an excuse/reason (limited #)

50
Q

problem solving courts

A

focus on a specific offense or type of person committing a crime

Goals:
case management
therapeutic jurisprudence

51
Q

concurrent sentence

A

serving sentences at the same time

52
Q

southern prison systems

A

lease system:
work exchanged for food and clothing

worked prisoners to death
stopped with anti-contract law in 1877

53
Q

shock probation

A

some of sentence served in jail, some on probation

54
Q

automobile exception

A

police do not need a warrant for a vehicle if there is probable cause that it may contain evidence, drugs, or stolen property

55
Q

lay witness

A

eyewitness - saw crime

56
Q

% of people on bond who reoffend

A

10%

57
Q

seizure

A

police removal of property following unlawful activity

58
Q

stop and frisk

A

officers may lawfully pat down the clothing of someone when they have reasonable suspicion that a person is involved in criminal activity

59
Q

sentencing guidelines (adjustments)

A

court adjustments
against an elderly person or child
multiple counts
taking responsibility for

60
Q

real evidence

A

physical evidence

61
Q

trial courts of limited jurisdiction
(STATE)

A

municipal, magistrate, justice of the peace courts

minor criminal cases, small claims, and misdemeanors

62
Q

reasonable suspicion

A

an office must have objectively justifiable suspicion a crime has been occurred before searching

63
Q

prosecutor

A

represent gov in criminal case

duties:
work with law enforcement
determine charges
prosecute
work with witnesses and victims

64
Q

jails

A

facilities for those awaiting trail, transfer, or those sentenced for less than a year

65
Q

trial courts of general jurisdiction
(STATE)

A

district, superior, and circuit courts

felony criminal cases, major civil cases, family law cases

66
Q

private prisons

A

non-government run facilities
run by a 3rd party contracted by the government
created in the 80s
“for profit prisons”
3 billion $ industry

67
Q

hot pursuit

A

police can enter without a warrant during a chase

68
Q

Alford pleas

A

plea deal while maintaining innocence

69
Q

types of witness

A

lay witness:
saw crime

expert witness:
special knowledge

character witness:
testifies on good character

70
Q

probation

A

an offender serves their time in the community

71
Q

how many people cannot afford bail

A

60%

72
Q

good time and gain time

A

good time:
time off for good behavior

gain time:
working for freedom

73
Q

tactics of defense evidence

A

contrary evidence
alibi
defense (duress, insanity, self-defense)

74
Q

low security

A

non-violent
dorm style, fenced

75
Q

expert witness

A

special knowledge

76
Q

mandatory sentence

A

the law determines the sentence

77
Q

pretrial detention

A

holding someone in jail or detention before their trial

78
Q

administrative prisons

A

for those unsuited for other facilities
medical institutions, escapees, ADMAX, and supermax

79
Q

__% of people in jails are people awaiting trial

A

70%

80
Q

Philadelphia society for alleviating the miseries of public prisons - 1787

A

gotta reform the awful prisons

81
Q

trial courts of general jurisdiction
(FEDERAL)

A

US district courts

major federal and civil cases

82
Q

medium security

A

violent/sex offenses
cells, fences, armed guards

83
Q

fruit of the poisonous tree doctrine

A

evidence obtained in violation of the constitution is inadmissible in court
(exclusionary rule)

84
Q

types/goals of punishment

A

retribution:
punishment matches crime

deterrence:
punishment to discourage offending

incapacitation:
removing offender from society to prevent future crime

rehabilitation:
providing treatment to help offender reintegrate into society

85
Q

types of evidence

A

real evidence:
physical

demonstrative evidence:
relevant evidence

testimony:
oral evidence from a crime

86
Q

plea bargain

A

agreement between prosecutor and defendant to resolve a criminal case without trial

waiving rights to jury, trial, and self-incrimination

87
Q

truth in sentencing

A

must serve 85% of sentence

88
Q

release on recognizance

A

Defendents promise to appear in court

89
Q

circumstantial evidence

A

things one can infer about
(showing a map or something)

90
Q

direct evidence

A

eyewitness account

91
Q

intermediate sentence

A

min & max timee

92
Q

appellate courts

A

state:
intermediate appellate courts
state supreme courts

federal:
us circuit court of appeals
SCOTUS

93
Q

cooper v plate (1964)

A

the bill of rights applies to prisoners

94
Q

federal corrections system

A

minimum security
low security
medium security
high security
administrative

95
Q

number of jurors

A

criminal: 12
civil: 6

96
Q

reform institutions

A

Cincinnati - 1870
Elmira reformatory
the women’s prison association
Indian women’s prison, 1873

97
Q

state corrections

A

community corrections
state prison system
women’s state prisons

98
Q

trial courts of limited jurisdiction
(FEDERAL)

A

US magistrate

preliminary matters and minor federal offenses

99
Q

which side goes first?

A

PROSECUTION

Criminal Justice (3 decks)

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