Week 8 Flashcards
1
Q
What is the 5th amendment?
A
- Protects against self-incrimination & double jeopardy
- Double jeopardy: being tried/ punished more than once for the identical charge
- A civil lawsuit can still occur, even if the accused has been acquitted (found not guilty) in criminal court
2
Q
When does double Jeopardy not apply?
A
- more than one state is pressing the same charges
- both state and Federal governments are pressing charges
- charges are not identical
- appeals court orders a new trial due to errors or some other reasoning
3
Q
What does the 6th amendment give us?
A
- Gives us the right to:
- Counsel
- “Speedy” trial
- Trial by jury
- Confront accusers
4
Q
What is the right to counsel?
A
- Gideon v Wainwright (1963): Both state and Federal defendants have the right to counsel
- Does not apply after 1st appeal, at parole revocation hearings, etc.
- Does not apply in cases where defendant is not facing incarceration
- Can be waived by the accused provided waiver is voluntary, understood, and expressed by the defendant
5
Q
What is a speedy trial?
A
- Not violated if defendant’s own actions cause the delay
- May be waived
- Federal Speedy Trial Act of 1974- charges can be dismissed if time to trial is too long
- Few specific guidelines on “speedy”
- Up to 365 days in PA (180 if incarcerated)
6
Q
What is the trial by (Impartial and Public) Jury?
A
- U.S. Supreme Court made this right applicable at the state level in 1968
- Applies only when defendant faces 6 months or more of incarceration
- Can be waived
- Definition: in a bench trial, the judge decides guilt (i.e. no jury)
- Definition: a change of venue means moving the trial to a place where the jury pool will be less biased
7
Q
What is a confront witnesses?
A
- Definition: hearsay is any statement not based on a witness’s personal knowledge
- Violates right to face cross-examination
- In some cases (child abuse, etc.), witnesses may testify via CCTV or have a screen between themselves and the defendant
8
Q
Which Constitutional Amendment protects against Double Jeopardy? A) 4th B) 5th C) 6th D) 8th
A
5th
9
Q
The 6th Amendment gives us the right to counsel during all criminal court proceedings.
A) TRUE
B) FALSE
A
False
10
Q
What is the 8th Amendment?
A
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted
11
Q
What does the 8th amendment do?
A
- Protects against “excessive” bail
- This Amendment does not apply to the states, only in Federal cases
- Very few guidelines on what is “excessive”
- Definition: bail is a monetary deposit made to the court to guarantee that the accused will appear in court
- Bail is typically based on the severity of the offense, sometimes on the financial ability of the accused
- If found guilty, bail funds will be used to defray court costs, compensate victims, etc.
12
Q
What is bail and pretrial release?
A
- Bail is not guaranteed, and may not be granted by the court
- Those unable to pay bail will receive “credit” for time served before trial/ sentencing
- Definition: a bail bonding service fronts the amount of the bail in exchange for a non-refundable fee
- Definition: preventive detention is when the accused is held without bail because they are thought to pose a threat to the community
13
Q
What is released on recognizance and what is conditional release?
A
- Definition: In some cases the accused may be released on recognizance (no bail)if he or she has strong ties to the community, poses no risk
- May have to sign a promise to appear with specified penalties listed for failure to appear
- Definition: A defendant may be granted conditional release. This means that the defendant will be released, but only if he/ she meets certain conditions such as drug/ alcohol treatment, severely restricted travel, maintaining employment, or meeting with a court officer on a regular basis
14
Q
What is pretrial release research?
A
- Hispanics are more likely to be detained (i.e. not released on bail) than either blacks or whites
- Most likely to have to pay bail to be released
- Have highest bail amounts
- Least able to pay bail
- Overall, both Hispanics and blacks are more likely to be detained
- Females more likely to receive pre-trial release than males
15
Q
What are the concerns of Pretrial Release?
A
- The poor are less able to pay bail
- Possible race/ ethnicity discrimination based on stereotypes
- A person incarcerated may be less able to assist in his/ her own defense
- May lead later sentences to be harsher than for those who were able to secure release
16
Q
\_\_\_\_\_\_\_\_\_\_\_ is when the accused is held without bail because they are thought to pose a threat to the community A) Bail bonding B) Preventative detention C) Conditional release D) Release on recognizance
A
Preventative detention
17
Q
Minorities are more likely to be detained pretrial than whites.
A) TRUE
B) FALSE
A
True
18
Q
What are the concerns of focal concerns theory?
A
- CJ officials must make quick decisions based on very limited information. Focal Concerns Theory (Steffensmeier) argues that CJ officials will make decisions based on three focal concerns:
- Offender blameworthiness
- Protection of the community
- Practical constraints (time, money, regulations, etc.)
- Legal factors: offense severity & criminal history
- Decisions may also draw on common stereotypes to make decisions that revolve around these focal concerns
- Common stereotype of young, minority males as more dangerous, more likely to reoffend
19
Q
What is the racial threat theory?
A
- Main Idea: As minority populations increase, whites feel threatened and increase CJ punitiveness to compensate
- May help explain apparent discrimination at some stages of the CJ process, including pretrial detention and alter sentencing
- Theory has received mixed empirical support, although sentencing outcomes do seem to vary by the racial/ ethnic makeup of a jurisdiction
20
Q
The \_\_\_\_\_\_\_\_\_\_\_\_\_ is an evidentiary hearing in which the prosecutor’s office must prove to a judge that there is enough evidence to believe the defendant committed a crime. A) Preliminary arraignment B) Information C) Indictment D) Preliminary hearing
A
Preliminary Hearing
21
Q
What are pretrial motions?
A
- Pretrial motions are legal requests made by attorneys in a civil or criminal case. These “motions” are reviewed by a judge who decides if the request should be granted.
- Four main types:
- Challenge whether case has sufficient evidence to proceed
- Challenge legality of the case/ ruling
- Seek to introduce or remove evidence from court record
- Discovery– asking attorneys on other “side” to share evidence
22
Q
What are the pretrial motion types?
A
- Motion for Suppression: Defense asks that certain evidence be prohibited from being introduced at trial
- May be argued based on illegal search/ seizure, improper questioning, overly biases jury, etc.
- Motion for Continuance: request to delay the start of trial
- Motion for Dismissal: Defense requests that charges against defendant be dismissed
- This request is often just a perfunctory motion
- Motion for Severance of Charges or Defendants: a request that
- Multiple defendants in a case be tried separately
- Defendant be tried for each charge separately
- Motion for a bill of particulars: Defense request for details about which items the prosecution views as illegal in cases where defendant is charged with illegal possession of items
- Examples: burglary tools, drug-related items, weapons, gambling items
23
Q
What is the motion for discovery?
A
- A request for the other “side” to make available all evidence relevant to the case that the might be used at trial, including witness lists
- A common form of discovery is deposition
- A deposition is a statement given out of court, under oath, by a person or witness related to the case
- Can be used before or during trial
- Can be used for those unable to appear in court (witnesses, etc.)
- Attorneys from both sides can be present and cross-examine the person making the statement
24
Q
What are the other forms of discovery?
A
- Interrogatories are written questions submitted to the opposing attorney with a request that they be answered in writing under oath
- The party receiving this request has a certain period of time to respond
- Subpoenaing the opposing side/ attorney or those related to the case for specific records or testimony
- Requests that a piece of evidence be analyzed for authenticity
25
What is the competency to stand trial?
- Either side of a criminal case may make a motion to determine whether a defendant is competent to stand trial
- Competence refers to a defendant’s ability to understand the charges, rationally discuss the case with his/ her attorney, and aid in his/ her defense
- Competence is generally assessed with an interview and psychological screening
- Trial will be delayed until mental state has stabilized
- Long-term hospitalization may result if this does not occur
26
What is a process prosecutors and attourneys like to use?
Throughout this process, prosecutors and defense attorneys will most likely attempt to arrange an acceptable plea bargain. This is where a defendant pleads guilty in exchange for less serious charges or a less severe sentence
27
```
Attorney Smith requests that the defendants in his case be tried separately instead of as a group. This is a motion for ________.
A) Discovery
B) Bill of particulars
C) Suppression
D) Severance
```
Severance
28
```
____________ are written questions submitted to the opposing attorney with a request that they be answered in writing under oath
A) Interrogatories
B) Motions
C) Discoveries
D) Depositions
```
Interrogatories
29
What are the plea bargaining type?
- Most cases are handled through plea bargaining. Plea bargains are contracts between the defendant and prosecutor contingent on a guilty plea.
- Charge bargain: charges altered or lessened
- Sentence bargain: sentence reduced
- Multiple offense bargain: one or more of offenses dropped
30
What are issues that can affect the plea bargaining?
- Race
- Gender
- Public vs. private defender
- Public defenders may pressure their clients to plead guilty
- Election years
- Going rate for “normal crimes”
31
What are the pros on the defendants and prosecutors end on plea bargaining?
Defendant
- Case ends more quickly
- Eliminates uncertainty
- Reduced sentence or less serious charges
Prosecutor
- Avoids time and costs of trial
- Prosecutor no longer has to prove guilt beyond a reasonable doubt in court
- Removes uncertainty
- No appeals
- Convictions make prosecutor look successful
- Potentially less trauma for victims
32
What are the cons of plea bargaining?
- Innocent people might plead guilty
- Some people might have been found “not guilty” in a court trial
- Some people might get better “deals” than others, even for the same crime
33
What are the tactics of plea bargaining?
- Prosecutors may charge multiple offenses, hoping that the person will plead guilty to one of them
- Defense attorneys may file motions to delay proceedings, threaten to ask for a jury trial, etc.
34
What is a courtroom workgroup?
Most defense attorneys, prosecutors, and judges are actually quite civil to each other outside of the courthouse (and often within). This triangle represents what we call the “courtroom workgroup.” These are people that have to work together on a recurring basis. Thus, the CJ system is not always fully “adversarial.”
35
Prosecutor Doe files 10 charges against Defendant Dan. As a result of his plea bargain, Prosecutor Doe drops 3 of these charges. What type of plea bargain is this?
A) Charge Bargain
B) Multiple Offense Bargain
C) Sentence Bargain
Multiple offense bargain
36
What are 4 leagal issues with plea bargaining?
- Boykin v Alabama (1969): judges must ensure that the plea is made voluntarily, and that the meaning/ consequences are understood by the defendant
- North Carolina v Alford (1970): A guilty plea can be accepted, even by a person who claims to be innocent, with a lesser sentence as the goal
- Ricketts v Adamson (1987): Defendants must uphold their end of the bargain (testifying, etc.)
- Bordenkircher v Hayes (1978): A prosecutor can threaten harsher charges for a person who does not enter a guilty plea
- Harsher penalties/ charges do not necessarily have to be realistic
37
What is the ban made in 1975?
- Alaska temporarily abolished plea bargaining in 1975
- The ban did NOT cripple the Criminal Justice System
- 30% increase in number of trials– although actual number remained small
- Most cases were still resolved by guilty plea
- Court delays were reduced, perhaps because some plea bargaining delay tactics were eliminated
- Some harsher sentences, but not for all cases/ crimes
- Ban required strict screening of cases by prosecutors. This resulted in better police investigations and stronger cases (tighter coupling)
- Alaska’s plea bargaining ban formally ended in 1993
38
What is the ban made in 1997?
Memphis 1997 Ban
- Ban on pleas for murder as well as rape and robbery with a deadly weapon
- Under this policy, people from the DA’s office and the police meet to go over potential cases before charges are formally filed. This filters out cases where the most serious charges are not provable.
- As of 2007:
- 560 eligible cases
- 301 guilty pleas to actual charges
- 83 convicted at trial
- 176 pled guilty to lesser charges (or had cases dismissed)
