Test 3 Flashcards
Jurisdiction
- subject matter (dictated which court you go to)
- geographic (which is the case at)
- hierarchical (start at lower level court, work your way up)
Federal courts
• administers federal laws
Cases that involve: • the US government • the Us constitution • federal laws • controversies between states or between the US and foreign governments
State courts
Administer the laws of the states within which they operate
Magistrate courts
low level court dealing with routine tasks of the system
US District Courts
(District courts = trial court)
(3)
- 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
US Court of Appeals (aka circuit courts)
- 6+ judges appealed for life
- currently 167 on the 12 courts
- must hear all appeals
Appeals
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
En Banc
all panels of judges hear a case - not just 3
US Supreme Court
3
•Interprets /applies the US Constitution •decides conflicts between state and federal laws
- has judicial review
- judges are appointed for life
Judicial Review
The power of a court to review actions and decisions made by other agencies of the government
Marbury v Madison
Establishes the power of supreme court and its judicial review
Rule of 4
Rule that states that at least 4 of the 9 supreme court justices must vote to hear a case
Writ of certiorari
Order from a higher court calling to review the record of a case from a lower court
Lower courts
Trial courts of limited or special jurisdiction
- heard only less serious criminal cases, usually misdemeanors
Criminal cases
SKIPPED
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
Adjudication
- The determination of guilt or innocence
* attaining finality in litigation
Sentence
A criminal sanction against a convicted defendant
Judge
SKIPPED
- Appointed / elected public official
- presides over a court of law and
- authorized to hear / decide cases and to conduct trials
Prosecution
conducts criminal proceedings against a defendant
Prosecutor
3
- government attorney
* represents the state and the people •against persons who have been accused of committing criminal acts
Prosecutional discretion
A prosecutor can chose whether or not to charge a defendant with a case or not off its seriousness
US attorney general
Chief law enforcement officer of the federal government
US Attorneys
Prosecutors for the federal trial courts
Gideon v Wainwright
Forced states to provide attorney for those who couldnt afford one - those who had FELONIES
Argersinger V. Hamlin
Forced states to provide attorney for those who couldnt afford one - those who had MISDEMEANORS
5th amendment
Right to remain silent
• Defendants
Dont have to know
Individual who gas been charged with a criminal offense
- right to defends themselves
- right not to testify against self
- innocent until proven guilty
• Lay witness
Dont have to know
- eye witness
- character witness
- or other person called to testify who is not considered an expert
• Expert witness
Dont have to know
A person who has a special skill or knowledge recognized by the court as relevant to the determination of guilt or innocence
• Subpoena
Dont have to know
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
• Clerk of the court
Dont have to know
Prepares a jury pool
Bailiff
Court officer who duties are
• to keep order in the courtroom (security)
• maintain physical custody of the jury
• True bill
Dont have to know
Grand jury votes indict on accused suspect
• Arraignment
Dont have to know
Judge informs the defendant of charges
• appointes council
• plea
• bail
assurity Bail
Someone puts up most of the money for your bail
• you pay 10% of your bail
Plea bargaining
The process of negotiating an agreement among the defendant, the prosecutor, and the court as to an appropriate sentence in a given case
North Carolina v Alford
Accepting a guilty plea from a defendant who maintains his/her innocence is valid
• Dismissalof charges
Dont have to know
Can be made at any time during the trial as well
• Continuance
Dont have to know
Defense is more likely to get
• Discovery
Dont have to know
Obtain documents and list of witnesses
• Severance of defendants
Dont have to know
Split up multiple defendants into multiple trials
• Severance of offenses
Dont have to know
Separate all or some of multiple criminal charges
Change of venue
SKIPPED
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
Adversarial system
SKIPPED
The 2 sided structure under which criminal trial courts operate that pits prosecution against the defense
• State rules
Dont have to know
Based in tradition of the state
• Federal rules
Dont have to know
Federal rules of evidence
• Speedy trial act
Dont have to know
Requires that federal proceedings against a defendant in a criminal case begin within a specific period of time
6th amendment
- speedy trial
- confront witnesses
- right to impartial jury
Impartial jury
SKIPPED
A panel if citizens according to law and sworn to determine matter of fact in a case and render a decision
Bench trial
A trial before a judge without a jury
Vernier
Pool or potential jurors for a case
Voir dire
The questioning of potential jurors
• Challenges
Dont have to know
The process prosecution and defense attorneys use to ensure an impartial jury
• Challenges to the array
Dont have to know
Signifying the belief that the venire is not representative of the community or is biased in some significant way
• Challenges for cause
Dont have to know
A potential juror cannot be fair and impartial
Witherspoon v Illinois
- juror opposed to the death penalty can be excused for cause
- death qualified jurors
Peremptory challenges
The right to challenge a potential juror without disclosing the reason
Batson v Kentucky
Forbids a PROSECUTOR to peremptory challenge potential jurors solely on account of their race
Georgia v McCollum
Forbids the DEFENSE to peremptory challenge potential jurors solely on account of their race
Direct evidence
Evidence that directly proves a fact
• eyewitness testimony
Circumstantial evidence
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
Real evidence
Evidence that consists of physical material or traces of physical activity
Demonstrative evidence
demonstrates information relevant to the crime
Ex. Pictures, diagrams, xrays
Direct examination
Questions by the side that called the witness
Cross examination
- questions by the opposing counsel
* impeachment is the goal
Redirect examination
SKIPPED
The questioning of a witness about issues uncovered during a cross - examination
Judges instructions
SKIPPED
Beyond a reasonable doubt
• the highest level of proof required to convict a defendant of a criminal charge
William v Florida
- a 6 person jury is allowable for criminal cases
* asch’s 1952 conformity studies
Conformity
• Involves a change of judgement, attitude, and or behavior
Why have a 12 person jury
Having more people gives more opportunity to stand against the group
- 5 v 1 is different than 10 v 2
Retribution
Giving offenders their “just desserts” and expressing society’s disapproval of criminal behavior
“Just desserts”
2
“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
Incapacitation
Separating offenders from the community to reduce the opportunity for further crime while they are incarcerated
Deterrence
Demonstrating the certainty and severity of punishment
to discourage further crime by the offender and by others
Specific deterrence
Reduce the likelihood of recidivism
Ex. Influencing someone by making them pick up trash on the side of the road
General deterrence
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
Rehabilitation
Providing psychological or educational assistance or job training yo offenders to make them less likely to engage in future criminality
Restitution/Restoration
Having the offender repay the victim or the community in money or services
• making the victim whole again
Indeterminate sentencing
Minimum & maximum length
- prisoner is eligible for parol after servingthe minimum
Determinate sentencing
Offender is given a fixed term that may be reduced by good time
Proportionality
Sanctions should be related to the seriousness of the crime
Equity
Same punishment for all offenders
Social debt
Criminal history should be taken into account
3 strikes
Give criminals who commit their third felony MANDATORY LONG TERM INCARCERATION
Truth in sentencing
Defendant guilty of a felony shall serve a minimum prison term equal to 85% of term
Concurrent sentencing
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
Consecutive sentencing
Incarceration for more than one offense such that each sentence begins only after the previous one has been completed
US v Booker
- 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
Pre sentence investigation (PSI)
A comprehensive report on the background of the offender, the offense, and any other relevant information
Victim impact statements (VIS)
Victims statement, either written or oral given at a plea bargain or sentencing or hearing
Furman v Georgia (1972)
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
Gregg v Georgia
A punishment of death does not violate the 8th & 14th amendments under all circumstances
Ford v Wainwright
Prohibits the execution of the insane
Atkins V Virginia
Prohibits the execution of the mentally ill
Roper V Simmons
Prohibits the execution of minors
Coker V Georgia
Prohibits the death penalty in cases of rape
Kennedy V Louisiana
The 8th amendment does not permit the state to punish the crime of rape of a child with the death penalty
McClesky V Kemp
One must prove that purposeful discrimination which had a discriminatory effect on him in his particular trial
J.E.B.
Forbids a prosecutor/ defense to peremptory challenge potential jurors solely on account of their gender
