Test Questions Flashcards
Define No Lo Contendre
No contest. Neither admits or disputes the charges. Has the same immediate effect as a guilty plea. If you plead No Lo Contendre under civil law you cannot be tried again in a federal court.
What is the % of all felony & misdemeanor cases that never go to trail because defendant copes a plea?
< 90%
What is the % of felony cases that never go to trail?
66% or 2/3 because defendants cope pleas.
What two amendments creates requirements of trail by jury of your peers?
6th amendment: right to speed, public trail by impartial jury. Right to confront witnesses against him & right to counsel
8th amendment: right to protect against excessive fines, bail & punishments (cruel & unusual punishments)
Define Jury Pool
When you answer your summons & you report to court with 200-500 other potential jurors you are then in the jury pool.
Define Jury Panel
When you are picked from the jury pool & led into the court room with 20-50 other perspective jurors. You are on the jury panel.
Define Impanel
When you are official member or jury. Once you are impaneled a judge asks you to be sworn in.
Define Affirm
If you are atheist you affirm (promise) to tell the truth.
Define Charging the Jury
Once sworn in judge charges the jury or explains the law & how to apply it to the case.
Party who believes in punishment to control crime in US
Conservatives they believe in the justice model
Party who believes in rehabilitation
Liberals, they believe in the medical model
Define Mala In Se
Usually common law crimes or those dangerous to life of limb (battery, larceny or petty theft.)
Define Mala Prohibita
Conduct that is prohibited by law although not inherently evil (public intoxication/carrying a concealed weapon) or (ice cream on sidewalk)
Define Reasonable Doubt
A standard of proof that must be surpassed to convict an accused in a criminal proceeding.
Define IAFIS
Integrated Automatic Fingerprint ID System. National fingerprint and criminal history system. 70 million subject in criminal master file & 34 million civil prints.
In court which side goes first to lay out case Prosecution or Defense?
The prosecution always goes 1st.
Difference between Real/True Justice vs Justice an Abstraction
Sociological Jurisprudence: A law must change as society changes if it does’t law wont be applicable to today society.
Adversarial Concept: Defense/prosecutors go to war with words & winning is everything. Victims want the truth but attorneys are more concerned with winning-victims feel they did not get justice
Inquisitorial: Other parts of the world us this method. They bring all evidence to court & tell defendant “we know you did it”
Inequitable Legal Representation: Your defense depends on how much money you have/big name attorney you can afford
Assembly Line Justice: Over the past 20 years this method has increased 200%. Courts do not have enough resources & they want to get cases in & out of court ASAP
Negotiated Plea: Coping a plea or plea bargaining. You allow 2 people (defense/prosecutor) with a narrow perspective to decide what you punishment should be.
Define Wobbler
High grade misdemeanor or a low grade felony (drug/sex related crimes)
What is the Dual Court System
US Supreme Court US District Court of Appeals CA Supreme Court CA District Court of Appeals Superior Court
Federal Court is the highest court in the nation (article 3 section 1 of The Constitution) Federal court will always prevail over any other court. Some laws could violate state but not federal.
How many Justices in Federal Court?
Nine. Amongst themselves they elect a Chief Justice. Chief speaks for all nine Justices. President appoints Supreme Court Justices.
Justices are not impeached only death or illness can get them out of chair.
What are two important functions of the Supreme Court?
(1) the Court is the final arbiter or the meaning of the US Constitution. Decisions of interpretations are binding on all federal & state courts.
(2) the Court acts as supervisors of the federal court system. The court has the authority to overrule any court in the nation; it also has the power to overrule its own prior decisions.
When does Supreme Court session start?
The 1st Monday of October a new Supreme Court session starts. They begin to hear new cases.
