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Criminal justice > unit 3 > Flashcards

unit 3 Flashcards

1
Q

What code can early courts be tracked back to?

A

Hammurabi (“eye for an eye”)

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2
Q

Primary types of trial by ordeal

A

Trial by water and trial by hot iron

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3
Q

were lawyers restricted from signing the declaration?

A

NO

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4
Q

Court of star chamber

A
  • what king created
  • accused people without evidence
  • Accused were not informed of identity of person making accusations
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5
Q

judiciary act of 1787

A

established the federal judicial system

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6
Q

judiciary act of 1801

A

created new judgeships and expanded jurisdiction of lower federal courts

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7
Q

judiciary act of 1891

A

created new courts known as circuit courts of appeals

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8
Q

Jurisdiction

A

based on:
- Geography
- Subject matter
- Functions and responsibilities of the court

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9
Q

concurrent jurisdiction

A
  • state and federal courts have jurisdiction
  • both courts must decide where the accused will stand trial
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10
Q

trial courts

A

decide the matter of facts and determine whether the defendant is guilty (FACTS)

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11
Q

appellate courts

A
  • provide accountability for trial courts
  • ensure proper procedure was followed
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12
Q

federal court systems hear cases following…

A
  • When the US is a party
  • Individuals from diff states
  • Violation of laws passed by congress
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13
Q

Article III courts

A

international trade

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14
Q

article I tribunals

A

legislative courts

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15
Q

What are community courts?

A

specialized courts that exist in the US to address quality-of-life crimes (Ex. Prostitution, tresspassing, vandalism)

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16
Q

Did the violent crime control and law enforcement act of 1994 allocate over $50 million for the expansion of drug courts?

A

YES

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17
Q

what are Magistrate judges?

A

subcomponents of US district courts that were created by congress in 1968 to ease the burden of district courts

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18
Q

Are lay judges lawyers?

A

NO

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19
Q

Adversarial legal system

A

What the US uses, involves 2 parties, the prosecution, and the defense

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20
Q

Who are the primary litigators for the federal gov?

A

US attorneys

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21
Q

Do most people who enter the CJ system hire their own defense representation?

A

NO

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22
Q

6th amendement

A

awards the right to be informed of the charges against you, done at the initial appearance

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23
Q

Surety bond

A

involves the defendant using a bond agency to post the bail

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24
Q

are most cases dismissed at preliminary hearings, simply because establishing probable cause is hard?

A

NO

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25
Q

Jury Size

A

all states require 12-member juries in capital offense cases

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26
Q

what does the presentation of evidence at trial begin with?

A

The prosecution’s direct examination of their witnesses

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27
Q

Jury nullification

A

when jurors dismiss the facts of a case and base their decision on other factors

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28
Q

Are defense attorneys typically the first to present their case?

A

NO

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29
Q

Sentencing guidelines

A

They consider an offender’s criminal history and current offense

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30
Q

Furman v. Georgia

A

nullified the death penalty

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31
Q

Prison or jail sentences

A

The effort to incapacitate offenders in the US

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32
Q

When was the first juvenile court created

A

Illinois 1899

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33
Q

what is the most severe form of disposition in juvenile courts

A

custodial

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34
Q

what is the step in juvenile case processing that screens cases to assess whether individuals need the court’s assistance

A

intake

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35
Q

Who refers the most delinquency cases

A

Law enforcement

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36
Q

Is the standard evidence required for determining guilt in juvenile courts probable cause

A

NO

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37
Q

What type of alternative dispute resolution involves a trained 3rd part working with both sides

A

mediation

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38
Q

what involves a state surrendering an individual accused of a crime to the state where they were accused

A

extradtion

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39
Q

does the FBI’s internet crime complaint center provide reports and information on citizen complaints about internet crime?

A

YES

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40
Q

how many authorized judgeships in US district courts?

A

677

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41
Q

how many supreme court justices

A

9

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42
Q

how many judges in court of appeals

A

179

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43
Q

how many judges in US court of international trade

A

9

44
Q

how many judges in US court of federal crime

A

16

45
Q

federal appellate courts

A

hear both criminal and civil cases

46
Q

supreme court

A
  • highest court
  • accept 100-150 cases each year
  • No evidence presented
47
Q

rule of four

A

4-9 must agree to hear the case

48
Q

state courts

A
  • handle more than 84 million cases annually
  • limited jurisdiction
49
Q

state court of appeals

A
  • appeals by rights
  • appeals by permission
  • death penalty cases
  • original proceedings/other appellate matters
50
Q

judges

A

responsible for ensuring courtroom proceedings operate in a fair manner

51
Q

prosecutors

A
  • representatives of the state responsible for ensuring justice
  • work closely with law enforcement
52
Q

defense attorneys

A
  • provide representation for accused
  • 6th amendment
  • Indigency
53
Q

Bailiffs

A

Provide security in the courtroom

54
Q

Court reporters

A

document proceedings

55
Q

court administrators

A
  • oversee administrators
  • maintain records
  • oversee budgeting/planning
56
Q

charging

A

prosecutors determine whether or not to file charges following an arrest

57
Q

initial appearance

A

1st time defendant is brought before the judge or magistrate

58
Q

arraignment

A

brief hearings where defendants hear charges and enter plea

59
Q

diversion

A

halting or suspecting of formal original proceedings prior to conviction upon agreement the defendant will meet an agreed upon obligation

60
Q

goals of diversion

A
  • 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
61
Q

plea bargaining

A

informal negotiations between prosecution and defense in an effort to expedite criminal case

62
Q

charge bargaining

A

less serious charge

63
Q

court bargaining

A

please guilt to some, but not all charges

64
Q

sentence bargaining

A

agreed sentence

65
Q

Advantages of bargaining

A
  • cheaper
  • faster
  • reduces uncertainty of trials
  • protects victims
66
Q

disadvantages of bargaining

A
  • lose due to process rights
  • lead to overfiling for prosecution
  • reduces time in prison
67
Q

bench trial advantages

A
  • faster and cheaper
  • based on merit rather than emotion
  • Judge are less likely to consider extra-legal factors and influence on media
68
Q

Bench trial disadvantages

A
  • judges may impose more severe penalties
  • greater likelihood of corruption
  • judges less likely to consider the defendants emotional appeal
69
Q

Jury selection

A

impartial jury of your peers

70
Q

jury compensation

A

Wy: $50/day

71
Q

sources of jury

A
  • voter lists
  • vehicle registration
  • unemployment/welfare rolls
  • water service customers
  • tax related info
72
Q

disqualifications/dismissal of jurors

A
  • ex-felons
  • below a specific age
  • non-us resident
  • unable to speak English
  • personal connection to case
73
Q

Challenge to the array

A

submitted by defense- jury is bias/not reflective of community

74
Q

challenge for cause

A

attornies- juries unsuitable for trial/familiar with the case

75
Q

peremptory challenge

A

ability to dismiss juror without reason

76
Q

sequestering jury

A

put in hotel, cannot leave, no outside influences

77
Q

opening statement

A

attorneys identify evidence they intend to use during the trial. “arguably the most critical part of trial”

78
Q

opening statements should not include…

A
  • opinions
  • references to character of accused
  • argumentative
  • references to matters that will not be supported by the evidence
79
Q

circumstantial evidence

A
  • evidence does not include link to crime
80
Q

direct evidence

A

identifiable link to defendant and crime

81
Q

testimonial evidence

A

evidence presented through witnesses

82
Q

real evidence

A

physical/visual exhibits

83
Q

prosecution’s presentation of evidence

A
  • direct examination
  • cross-examination
  • redirect examination
84
Q

closing arguments

A
  • 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
85
Q

indeterminant sentences

A

max/min sentence (rehabilitaion)

86
Q

determinant sentences

A

max period of incarceration (encourages good behavior)

87
Q

structured sentencing

A

sentencing guidelines (seek to reduce disparity)

88
Q

mandatory sentences

A

less biased, less judicial discretion

89
Q

sentencing process

A

presentence investigation reports are required by some states prior to sentencing (judge gets all the info)

90
Q

capital punishment

A

rooted in deterence

91
Q

incarceration

A

incapacitating someone

92
Q

probation

A

not confined, not being watched

93
Q

home confinement

A

ankle bracelet

94
Q

child savors

A

protection role, help them (children under 16)

95
Q

status offense

A

things children are not allowed to do because of age

96
Q

kent v. US (1966)

A

provided due process rights to juveniles if transferred to adult court

97
Q

breed v. jones(1975)

A

juvenile being tried in adult court is constituted as double-jeopardy if it is the same crime

98
Q

Decisions to refer

A
  • seriousness of the offense
  • victim’s input
  • conversations with juveniles and parents
  • consideration of the juvenile’s prior contact w/ the system
99
Q

Preadjudication procedures

A

detained or not

100
Q

adjudicatory hearings

A

court responds to petition=adult trial

101
Q

dispositional hearing

A

sentencing hearing

102
Q

normal dispositional hearing

A

warnings, reprimands, “slap on the wrist”

103
Q

conditional dispositional hearing

A

probation, restitution

104
Q

custodial dispositional hearing

A

most severe, some sort of confinement

105
Q

judicial waiver laws

A

judge discretion

106
Q

statutory exclusion laws

A

excludes certain crimes automatically

107
Q

concurrent jurisdiction laws

A

on prosecution

Criminal justice (3 decks)

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