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Criminal Justice > Test 3 > Flashcards

Test 3 Flashcards

1
Q

Jurisdiction

A
  • subject matter (dictated which court you go to)
  • geographic (which is the case at)
  • hierarchical (start at lower level court, work your way up)
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2
Q

Federal courts

A

• administers federal laws

Cases that involve:
• the US government 
• the Us constitution 
• federal laws 
• controversies between states or between the US and foreign governments
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3
Q

State courts

A

Administer the laws of the states within which they operate

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4
Q

Magistrate courts

A

low level court dealing with routine tasks of the system

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5
Q

US District Courts

(District courts = trial court)

(3)

A
  • trial courts of the federal court systems
  • have jurisdiction to hear nearly all categories of federal cases
  • judges are appointed for life (job for life regardless of current president in power
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6
Q

US Court of Appeals (aka circuit courts)

A
  • 6+ judges appealed for life
  • currently 167 on the 12 courts
  • must hear all appeals
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7
Q

Appeals

A

The request that a court with appellate jurisdiction review the judgement, decision or order of a lower court and set it aside (reverse it) or modify it

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8
Q

En Banc

A

all panels of judges hear a case - not just 3

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9
Q

US Supreme Court

3

A

•Interprets /applies the US Constitution •decides conflicts between state and federal laws

  • has judicial review
  • judges are appointed for life
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10
Q

Judicial Review

A

The power of a court to review actions and decisions made by other agencies of the government

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11
Q

Marbury v Madison

A

Establishes the power of supreme court and its judicial review

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12
Q

Rule of 4

A

Rule that states that at least 4 of the 9 supreme court justices must vote to hear a case

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13
Q

Writ of certiorari

A

Order from a higher court calling to review the record of a case from a lower court

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14
Q

Lower courts

A

Trial courts of limited or special jurisdiction

  • heard only less serious criminal cases, usually misdemeanors
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15
Q

Criminal cases

SKIPPED

A

Agents of government bringing lawsuits against persons alleged to have committed crimes or a variety of other offenses as defined in the statutes or code

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16
Q

Adjudication

A
  • The determination of guilt or innocence

* attaining finality in litigation

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17
Q

Sentence

A

A criminal sanction against a convicted defendant

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18
Q

Judge

SKIPPED

A
  • Appointed / elected public official
  • presides over a court of law and
  • authorized to hear / decide cases and to conduct trials
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19
Q

Prosecution

A

conducts criminal proceedings against a defendant

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20
Q

Prosecutor

3

A
  • government attorney

* represents the state and the people •against persons who have been accused of committing criminal acts

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21
Q

Prosecutional discretion

A

A prosecutor can chose whether or not to charge a defendant with a case or not off its seriousness

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22
Q

US attorney general

A

Chief law enforcement officer of the federal government

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23
Q

US Attorneys

A

Prosecutors for the federal trial courts

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24
Q

Gideon v Wainwright

A

Forced states to provide attorney for those who couldnt afford one - those who had FELONIES

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25
Q

Argersinger V. Hamlin

A

Forced states to provide attorney for those who couldnt afford one - those who had MISDEMEANORS

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26
Q

5th amendment

A

Right to remain silent

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27
Q

• Defendants

Dont have to know

A

Individual who gas been charged with a criminal offense

  • right to defends themselves
  • right not to testify against self
  • innocent until proven guilty
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28
Q

• Lay witness

Dont have to know

A
  • eye witness
  • character witness
  • or other person called to testify who is not considered an expert
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29
Q

• Expert witness

Dont have to know

A

A person who has a special skill or knowledge recognized by the court as relevant to the determination of guilt or innocence

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30
Q

• Subpoena

Dont have to know

A

A written order issued by a judicial officer / grand jury requiring an individual to appear in court and to give testimony or to bring material to be used as evidence

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31
Q

• Clerk of the court

Dont have to know

A

Prepares a jury pool

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32
Q

Bailiff

A

Court officer who duties are
• to keep order in the courtroom (security)
• maintain physical custody of the jury

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33
Q

• True bill

Dont have to know

A

Grand jury votes indict on accused suspect

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34
Q

• Arraignment

Dont have to know

A

Judge informs the defendant of charges
• appointes council
• plea
• bail

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35
Q

assurity Bail

A

Someone puts up most of the money for your bail

• you pay 10% of your bail

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36
Q

Plea bargaining

A

The process of negotiating an agreement among the defendant, the prosecutor, and the court as to an appropriate sentence in a given case

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37
Q

North Carolina v Alford

A

Accepting a guilty plea from a defendant who maintains his/her innocence is valid

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38
Q

• Dismissalof charges

Dont have to know

A

Can be made at any time during the trial as well

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39
Q

• Continuance

Dont have to know

A

Defense is more likely to get

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40
Q

• Discovery

Dont have to know

A

Obtain documents and list of witnesses

41
Q

• Severance of defendants

Dont have to know

A

Split up multiple defendants into multiple trials

42
Q

• Severance of offenses

Dont have to know

A

Separate all or some of multiple criminal charges

43
Q

Change of venue

SKIPPED

A

The movement of a trual it lawsuit from one jurisdiction to another or from one location to another within the same jurisdiction

  • purpose it to ensure fair trial
  • pretrial publicity
44
Q

Adversarial system

SKIPPED

A

The 2 sided structure under which criminal trial courts operate that pits prosecution against the defense

45
Q

• State rules

Dont have to know

A

Based in tradition of the state

46
Q

• Federal rules

Dont have to know

A

Federal rules of evidence

47
Q

• Speedy trial act

Dont have to know

A

Requires that federal proceedings against a defendant in a criminal case begin within a specific period of time

48
Q

6th amendment

A
  • speedy trial
  • confront witnesses
  • right to impartial jury
49
Q

Impartial jury

SKIPPED

A

A panel if citizens according to law and sworn to determine matter of fact in a case and render a decision

50
Q

Bench trial

A

A trial before a judge without a jury

51
Q

Vernier

A

Pool or potential jurors for a case

52
Q

Voir dire

A

The questioning of potential jurors

53
Q

• Challenges

Dont have to know

A

The process prosecution and defense attorneys use to ensure an impartial jury

54
Q

• Challenges to the array

Dont have to know

A

Signifying the belief that the venire is not representative of the community or is biased in some significant way

55
Q

• Challenges for cause

Dont have to know

A

A potential juror cannot be fair and impartial

56
Q

Witherspoon v Illinois

A
  • juror opposed to the death penalty can be excused for cause
  • death qualified jurors
57
Q

Peremptory challenges

A

The right to challenge a potential juror without disclosing the reason

58
Q

Batson v Kentucky

A

Forbids a PROSECUTOR to peremptory challenge potential jurors solely on account of their race

59
Q

Georgia v McCollum

A

Forbids the DEFENSE to peremptory challenge potential jurors solely on account of their race

60
Q

Direct evidence

A

Evidence that directly proves a fact

• eyewitness testimony

61
Q

Circumstantial evidence

A

Evidence that requires interpretation or a judge or jury to reach a conclusion based on what the evidence indicates

• requires you to draw a conclusion

62
Q

Real evidence

A

Evidence that consists of physical material or traces of physical activity

63
Q

Demonstrative evidence

A

demonstrates information relevant to the crime

Ex. Pictures, diagrams, xrays

64
Q

Direct examination

A

Questions by the side that called the witness

65
Q

Cross examination

A
  • questions by the opposing counsel

* impeachment is the goal

66
Q

Redirect examination

SKIPPED

A

The questioning of a witness about issues uncovered during a cross - examination

67
Q

Judges instructions

SKIPPED

A

Beyond a reasonable doubt

• the highest level of proof required to convict a defendant of a criminal charge

68
Q

William v Florida

A
  • a 6 person jury is allowable for criminal cases

* asch’s 1952 conformity studies

69
Q

Conformity

A

• Involves a change of judgement, attitude, and or behavior

70
Q

Why have a 12 person jury

A

Having more people gives more opportunity to stand against the group

  • 5 v 1 is different than 10 v 2
71
Q

Retribution

A

Giving offenders their “just desserts” and expressing society’s disapproval of criminal behavior

72
Q

“Just desserts”

2

A

“You deserve the punishment you get”

  • criminal defenders deserve the punishments they get
  • punishments should be appropriate to the type and severity of the crime committed
73
Q

Incapacitation

A

Separating offenders from the community to reduce the opportunity for further crime while they are incarcerated

74
Q

Deterrence

A

Demonstrating the certainty and severity of punishment

to discourage further crime by the offender and by others

75
Q

Specific deterrence

A

Reduce the likelihood of recidivism

Ex. Influencing someone by making them pick up trash on the side of the road

76
Q

General deterrence

A

Influence the future behavior of those not yet arrested

Ex. Influencing those who might see someone else picking up trash off the side of the road

77
Q

Rehabilitation

A

Providing psychological or educational assistance or job training yo offenders to make them less likely to engage in future criminality

78
Q

Restitution/Restoration

A

Having the offender repay the victim or the community in money or services
• making the victim whole again

79
Q

Indeterminate sentencing

A

Minimum & maximum length

  • prisoner is eligible for parol after servingthe minimum
80
Q

Determinate sentencing

A

Offender is given a fixed term that may be reduced by good time

81
Q

Proportionality

A

Sanctions should be related to the seriousness of the crime

82
Q

Equity

A

Same punishment for all offenders

83
Q

Social debt

A

Criminal history should be taken into account

84
Q

3 strikes

A

Give criminals who commit their third felony MANDATORY LONG TERM INCARCERATION

85
Q

Truth in sentencing

A

Defendant guilty of a felony shall serve a minimum prison term equal to 85% of term

86
Q

Concurrent sentencing

A

Incarceration for more than one offense such as that all sentences begin on the same day and are completed after the longest term has been served

87
Q

Consecutive sentencing

A

Incarceration for more than one offense such that each sentence begins only after the previous one has been completed

88
Q

US v Booker

A
  • convicted of stealing drugs by jury
  • judge finds out he has more drugs than what he was charged with
  • judge trues to had that on to his sentence
  • is this constitutional? NO
  • had to retry and resentence him
89
Q

Pre sentence investigation (PSI)

A

A comprehensive report on the background of the offender, the offense, and any other relevant information

90
Q

Victim impact statements (VIS)

A

Victims statement, either written or oral given at a plea bargain or sentencing or hearing

91
Q

Furman v Georgia (1972)

A

The death penalty cannot be administered in a arbitrary or discriminatory manner

(1972)- which is why there are no death penalty executions in the 70s-90s

92
Q

Gregg v Georgia

A

A punishment of death does not violate the 8th & 14th amendments under all circumstances

93
Q

Ford v Wainwright

A

Prohibits the execution of the insane

94
Q

Atkins V Virginia

A

Prohibits the execution of the mentally ill

95
Q

Roper V Simmons

A

Prohibits the execution of minors

96
Q

Coker V Georgia

A

Prohibits the death penalty in cases of rape

97
Q

Kennedy V Louisiana

A

The 8th amendment does not permit the state to punish the crime of rape of a child with the death penalty

98
Q

McClesky V Kemp

A

One must prove that purposeful discrimination which had a discriminatory effect on him in his particular trial

99
Q

J.E.B.

A

Forbids a prosecutor/ defense to peremptory challenge potential jurors solely on account of their gender

Criminal Justice (3 decks)

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