unit 3 Flashcards
What code can early courts be tracked back to?
Hammurabi (“eye for an eye”)
Primary types of trial by ordeal
Trial by water and trial by hot iron
were lawyers restricted from signing the declaration?
NO
Court of star chamber
- what king created
- accused people without evidence
- Accused were not informed of identity of person making accusations
judiciary act of 1787
established the federal judicial system
judiciary act of 1801
created new judgeships and expanded jurisdiction of lower federal courts
judiciary act of 1891
created new courts known as circuit courts of appeals
Jurisdiction
based on:
- Geography
- Subject matter
- Functions and responsibilities of the court
concurrent jurisdiction
- state and federal courts have jurisdiction
- both courts must decide where the accused will stand trial
trial courts
decide the matter of facts and determine whether the defendant is guilty (FACTS)
appellate courts
- provide accountability for trial courts
- ensure proper procedure was followed
federal court systems hear cases following…
- When the US is a party
- Individuals from diff states
- Violation of laws passed by congress
Article III courts
international trade
article I tribunals
legislative courts
What are community courts?
specialized courts that exist in the US to address quality-of-life crimes (Ex. Prostitution, tresspassing, vandalism)
Did the violent crime control and law enforcement act of 1994 allocate over $50 million for the expansion of drug courts?
YES
what are Magistrate judges?
subcomponents of US district courts that were created by congress in 1968 to ease the burden of district courts
Are lay judges lawyers?
NO
Adversarial legal system
What the US uses, involves 2 parties, the prosecution, and the defense
Who are the primary litigators for the federal gov?
US attorneys
Do most people who enter the CJ system hire their own defense representation?
NO
6th amendement
awards the right to be informed of the charges against you, done at the initial appearance
Surety bond
involves the defendant using a bond agency to post the bail
are most cases dismissed at preliminary hearings, simply because establishing probable cause is hard?
NO
Jury Size
all states require 12-member juries in capital offense cases
what does the presentation of evidence at trial begin with?
The prosecution’s direct examination of their witnesses
Jury nullification
when jurors dismiss the facts of a case and base their decision on other factors
Are defense attorneys typically the first to present their case?
NO
Sentencing guidelines
They consider an offender’s criminal history and current offense
Furman v. Georgia
nullified the death penalty
Prison or jail sentences
The effort to incapacitate offenders in the US
When was the first juvenile court created
Illinois 1899
what is the most severe form of disposition in juvenile courts
custodial
what is the step in juvenile case processing that screens cases to assess whether individuals need the court’s assistance
intake
Who refers the most delinquency cases
Law enforcement
Is the standard evidence required for determining guilt in juvenile courts probable cause
NO
What type of alternative dispute resolution involves a trained 3rd part working with both sides
mediation
what involves a state surrendering an individual accused of a crime to the state where they were accused
extradtion
does the FBI’s internet crime complaint center provide reports and information on citizen complaints about internet crime?
YES
how many authorized judgeships in US district courts?
677
how many supreme court justices
9
how many judges in court of appeals
179
how many judges in US court of international trade
9
how many judges in US court of federal crime
16
federal appellate courts
hear both criminal and civil cases
supreme court
- highest court
- accept 100-150 cases each year
- No evidence presented
rule of four
4-9 must agree to hear the case
state courts
- handle more than 84 million cases annually
- limited jurisdiction
state court of appeals
- appeals by rights
- appeals by permission
- death penalty cases
- original proceedings/other appellate matters
judges
responsible for ensuring courtroom proceedings operate in a fair manner
prosecutors
- representatives of the state responsible for ensuring justice
- work closely with law enforcement
defense attorneys
- provide representation for accused
- 6th amendment
- Indigency
Bailiffs
Provide security in the courtroom
Court reporters
document proceedings
court administrators
- oversee administrators
- maintain records
- oversee budgeting/planning
charging
prosecutors determine whether or not to file charges following an arrest
initial appearance
1st time defendant is brought before the judge or magistrate
arraignment
brief hearings where defendants hear charges and enter plea
diversion
halting or suspecting of formal original proceedings prior to conviction upon agreement the defendant will meet an agreed upon obligation
goals of diversion
- reduce crime by providing specific treatment
- ease # of individuals in CJ system
- assist with removing the stigma associated with involvement in the justice system
- address belief that not all offenses warrant criminal case proceedings
plea bargaining
informal negotiations between prosecution and defense in an effort to expedite criminal case
charge bargaining
less serious charge
court bargaining
please guilt to some, but not all charges
sentence bargaining
agreed sentence
Advantages of bargaining
- cheaper
- faster
- reduces uncertainty of trials
- protects victims
disadvantages of bargaining
- lose due to process rights
- lead to overfiling for prosecution
- reduces time in prison
bench trial advantages
- faster and cheaper
- based on merit rather than emotion
- Judge are less likely to consider extra-legal factors and influence on media
Bench trial disadvantages
- judges may impose more severe penalties
- greater likelihood of corruption
- judges less likely to consider the defendants emotional appeal
Jury selection
impartial jury of your peers
jury compensation
Wy: $50/day
sources of jury
- voter lists
- vehicle registration
- unemployment/welfare rolls
- water service customers
- tax related info
disqualifications/dismissal of jurors
- ex-felons
- below a specific age
- non-us resident
- unable to speak English
- personal connection to case
Challenge to the array
submitted by defense- jury is bias/not reflective of community
challenge for cause
attornies- juries unsuitable for trial/familiar with the case
peremptory challenge
ability to dismiss juror without reason
sequestering jury
put in hotel, cannot leave, no outside influences
opening statement
attorneys identify evidence they intend to use during the trial. “arguably the most critical part of trial”
opening statements should not include…
- opinions
- references to character of accused
- argumentative
- references to matters that will not be supported by the evidence
circumstantial evidence
- evidence does not include link to crime
direct evidence
identifiable link to defendant and crime
testimonial evidence
evidence presented through witnesses
real evidence
physical/visual exhibits
prosecution’s presentation of evidence
- direct examination
- cross-examination
- redirect examination
closing arguments
- summation/review of case
- assist juries in recalling and considering evidence
- personal opinions and new evidence are not permitted
- highlight evidence presented, strength of argument, and weakness of oppositions case
indeterminant sentences
max/min sentence (rehabilitaion)
determinant sentences
max period of incarceration (encourages good behavior)
structured sentencing
sentencing guidelines (seek to reduce disparity)
mandatory sentences
less biased, less judicial discretion
sentencing process
presentence investigation reports are required by some states prior to sentencing (judge gets all the info)
capital punishment
rooted in deterence
incarceration
incapacitating someone
probation
not confined, not being watched
home confinement
ankle bracelet
child savors
protection role, help them (children under 16)
status offense
things children are not allowed to do because of age
kent v. US (1966)
provided due process rights to juveniles if transferred to adult court
breed v. jones(1975)
juvenile being tried in adult court is constituted as double-jeopardy if it is the same crime
Decisions to refer
- seriousness of the offense
- victim’s input
- conversations with juveniles and parents
- consideration of the juvenile’s prior contact w/ the system
Preadjudication procedures
detained or not
adjudicatory hearings
court responds to petition=adult trial
dispositional hearing
sentencing hearing
normal dispositional hearing
warnings, reprimands, “slap on the wrist”
conditional dispositional hearing
probation, restitution
custodial dispositional hearing
most severe, some sort of confinement
judicial waiver laws
judge discretion
statutory exclusion laws
excludes certain crimes automatically
concurrent jurisdiction laws
on prosecution
