Criminal Justice Quiz Ch. 7-9

Allows a judge to use additional jury instructions to encourage jurors not in agreement with the majority to reconsider their position

Allen Charge

A formal reading of charges in a court of appropriate jurisdiction in front of the defendant - Defendants are asked to enter a plea which consists of?

Arraignment - Guilty, Not Guilty, or Nolo Contendre

Removes offenders motivation to participate in rehabilitative programs as a means to shorten their sentence

Consequence

What gave power to appoint federal judges to the president and congress?

Constitution

The final court with appellate authority in a given court system - What do they use to make decisions?

Court of Last Resort Three-judge panel

specifies a broad set of rights for victims of federal crimes and authorizes federal funding for programs to assist victims in asserting, accessing and enforcing those rights.

Crime Victims Act of 2004

To ascertain the guilt or lack of guilt of defendants charged with committing crimes

Criminal Trials

- When will a federal level felony begin? - Where does it take place? - If there is a guilty verdict what can they do?

- When an US attorney introduces the evidence to a grand jury - US District Court - May appeal the sentence to a federal appellate court

Movement of Cases

1. Begins when a search or arrest warrant is requested by the police and issued by a judge 2. Suspects are brought before a judge for an initial appearance 3. Defendants are informed of charges, considered for release on bail, and given legal representation when needed 4. Misdemeanors where the defendant may plead guilty are sentences immediately 5. Felony offenders are not allowed to plead at this stage and will enter into plea bargain agreements or go to trial

Types of Evidence 1. Offers proof of something without requiring the judge or jury to interpret its meaning 2. Requires the judge or jury to interpret the evidence and draw conclusions about its meaning

1. Direct Evidence 2. Circumstantial Evidence

Hearsay Exceptions 1. Allows the dying words of a witness to a crime to be used in court 2. A statement made by a person during a shocking event; words blurted out during the stress of excitement 3. Allows witnesses to testify under oath; about the reputation of a person's friends and acquaintances

1. Dying Declaration 2. Excited Utterance 3. Reputation Concerning Character

Criminal Cases Formal Stages

1. Presentation of opening statements 2. Presentation of evidence 3. Presentation of closing arguments 4. Judge's charge to the jury 5. Deliberation of the jury 6. Reading of the verdict 7. Sentencing

What are the goals of sentencing?

1. Retribution: seeks punishment for the criminal act and the sentence is deserved against the criminal 2. Incapacitation: imprisonment or alternative sanctions 3. Deterrence: goal of convincing the offenders and members of society that future criminal acts will result in punishment 4. Rehabilitation: rehabilitate the offender through education, job training, drug and alcohol treatment, and psych treatment to reduce future criminality 5. Restoration: addresses the harm done by paying restitution, paying fines, and/or doing community service

Judges can decide cases based on... 1. Deciphering the words of the Constitution as literal and focuses on the plain language contained in the document; others may interpret within the context of historical events, societal changes, and tech advances 2. Variation from the clear meaning of the text; broad interpretation

1. Strict Interpretation 2. Judicial Activism

Decision to Grant Bail

1. Type of offense (seriousness) 2. Suspect's character 3. Ties to the community 4. Employment status/past record

Jury Process 1. A list of potential jurors from which the jury is selected; represents a cross section of the population 2. Indicates that the venire should be discharged because of a deficiency or illegality in the method in which the panel was selected 3. Prospective jurors are questioned in court under oath by the judge, prosecutor, and defense counsel 4. Used when the defense counsel, the prosecutor, or the judge identifies a potential juror they believe is unable to be unbiased, fair, or impartial 5. An attorney may remove a prospective juror from the venire without giving a legal reason

1. Venire 2. Challenge to the Array 3. Voir dire 4. Challenge for Cause 5. Peremptory Challenge

Guarantees the right to a speedy trial

6th amendment

Excessive bail is prohibited

8th amendment

Federal trail courts consist of ___ judicial districts - What are the two specialized courts?

94 They are the US Court of International Trade and US Court of Federal Claims.

Two Trials; first establishes guilt, second determines the penalty

Bifurcated Trials

The US Supreme Court disagreed and found that the right to practice a profession is not addressed in the 14th amendment privileges and immunities clause

Bradwell v. State of Illinois (1873)

Unacceptable prosecutorial misconduct

Brady v. Maryland

Jurors are questioned in court during a process called a venire.

False

The Bail Reform Act of 1966 is a federal law that provides a capital defendant with the right to be released on bond

False

True or false: The defense has to prove that the defendant did not commit the crime beyond a reasonable doubt.

False

True or false: To find someone guilty of a criminal charge is called an acquittal

False

Constitutes evidence and what can be introduced

Federal Rules of Evidence

eliminated federal parole release for individuals who are incarcerated and abolished almost all good time earned - Parole was replaced with?

Federal Sentencing Guidelines Act of 1984 - Supervised release (US Probation Office)

Requires that those charged with crimes be indicted within 30 days of arrest and that trial occur with 70 days after the indictment

Federal Speedy Trail Act of 1974

Judges had greater discretion to craft an individualized sentence with an emphasis on rehabilitation; resulted in the inequity in sentencing; led to coddling people who could not be reformed

Indeterminate Sentencing

A formal accusation that an individual has committed an act punishable by law presented by a grand jury is a

Indictment

A formal accusation that an individual has committed an act punishable by law, typically by a grand jury

Indictment

A formal charge against an individual suspected of committing a crime issued by prosecutors

Information

Unconstitutional to use peremptory challenges based on sex alone to remove women from the jury

J.E.B v. Alabama

A doctrine that permits checks and balances by courts to review the actions of executive and legislative branches is

Judicial Review

Allows higher courts to review the decisions of lower courts and gives the Supreme Court authority over the constitutionality of a law

Judicial Review

What created the US Attorney General's Office?

Judiciary Act of 1789

Act as fact finders in trials, listen to evidence, deliberate, and deliver a verdict of guilty or not guilty

Juries

Refers to a court's authority to hear certain types of cases

Jurisdiction

The extent of a particular court's power to make legal decisons and judgments is called

Jurisdiction

Ability of a jury to ignore the law and acquit a guilty defendant

Jury Nullification

The ability of a jury to ignore the law and acquit a defendant is called

Jury Nullification

The jury acts as the fact finder and renders a verdict

Jury Trial

What is the common theme in legal jurisprudence?

Justice delayed is justice denied

Has jurisdiction over claims for monetary damages against the US, disputes over federal contracts, and unlawful confiscation of private property by the federal government

Latter

Established when a prosecutor is able to persuade a judge or jury that the defendant is guilty beyond a reasonable doubt

Legal Guilt

A form of structured sentencing that applies stature based minimum sanctions to particular types of crimes is called

Mandatory Minimum

Statute based minimum sanctions that are to be applied to particular types of crimes and/or when particular elements of a crime exist

Mandatory Minimums

An attorney may remove a prospective juror from the venire without giving a legal reason according to a

Peremptory Challenge

A spoken or written intentional swearing of a false oath or misrepresenting of an argument to be truthful

Perjury

Trial juries are also called

Petit Juries

When a prosecutor offers a sentence to a lesser charge and the defendant agrees to avoid trial it is officially called a

Plea Bargain

Judges prefer that cases be settle by ______

Plea Bargains

the prosecutor has the discretion to offer a lesser charge or reduce the number of charges for the defendant to plead guilty; reduces the number of cases that go to trial

Plea Bargains

commences after a criminal complaint is filed; determines if there is enough evidence to believe a crime was committed and that the defendant may be responsible - Who presents evidence to establish probable cause?

Preliminary hearing - Prosecution

Summarize the evidence and arguments for the jury

Presentation of Closing Arguments

Offer a summarized, logical, factual, and vivid mental picture of what actually transpired; predictions of what will be presented

Presentation of opening statements

Gathers info on extenuating circumstances and the criminal history of the defendant to be used when determining the severity of the sentence

Presentence Investigation

Adjudicate defendants charged with criminal offenses, settle disputes under civil law, uphold the law, and serve as watchdogs to ensure fairness

Primary Function of the Courts

Legal representation that is provided at no charge or a reduced fee

Pro Bono

Without legal representation; represents themselves

Pro se

Indicated that the severity of sentencing should correspond to the severity of the crime committed

Proportionality

Represents the government, or the "people" and is responsible for presenting the state's case in criminal, civil, and administrative matters. They can also conduct crime investigations, establish charges, present evidence, and assist in determinations regarding appropriate punishment

Prosecutors

Justice System upholds the law in a manner free from _______ and ________

Public Opinion and Political Influences

Jury offers their verdict on the charges

Reading of the Verdict

The prosecutor may reiterate their argument, address comments made by the defense, and offer a final plea to find the defendant guilty

Rebuttal

Suspects, without posting bail money, agree to show up for court

Recognizance

Developed as a means of addressing particular types of offenses and offenders by providing treatment alternatives to first time nonviolent misdemeanor and felony offenders

Specialized Courts

Drug Courts, Mental Health Courts, Veteran's Courts, DUI Courts and Domestic Violence Courts are called

Specialty Courts

Includes a Supreme Court, an intermediate appellate court, and trial courts

State Courts

Interpret and decide on constitutional issues arising from each of the sovereignties

State Supreme Courts

Can be city, county, district, prosecuting, or commonwealth attorneys and are expected to uphold the values of fairness and justice and initially represent the rights of the accused

State and Local Prosecutors

Found that excluding Black persons from juries violated the rights of Black criminal defendants

Strauder v. West Virginia

Generally given in the form of fixed terms with an anticipated date of release; more impersonal; removes judicial discretion; shifts toward greater retribution; minimized how much good time could be earned and parole

Structured Sentencing

The US Constitution gives the highest authority to the _______

Supreme Court

Struck down Hoyt v. Florida, which held that women's jury service was not mandatory

Taylor v. Louisiana

Improves the efficiency, effectiveness, and timeliness of the court system by using electron filings, documents, online dockets, electronic evidence, and electronic case management systems

Technology

At the federal level, it prohibits the production, sale, and use of marijuana

The Controlled Substance Act

Five cases heard by SCOTUS in 1883 found the Civil Rights Act of 1875 to be unconstitutional

True

The 5th Amendment prevents an acquitted person from being tried twice pursuant to the US Const. double jeopardy clause

True

The US court structure is a dual court system where the federal court system is distinct from the states court system

True

True or false: A sentencing goal that seeks to dissuade the offender and others in the public from committing crimes is deterrence.

True

True or false: The jury or the judge adjudicates or makes a formal judgment about a disputed matter.

True

Alternative Dispute Resolution - The meeting of the disagreeing parties to work toward a solution; quarreling parties control both the process and the solution - An informal process using a neutral third person that encourages parties to settle their dispute to everyone's satisfaction - Similar to a trial proceeding, with less discovery and fewer rules of evidence; ends with a binding ruling

- Negotiation - Mediation - Arbitration

- Where does a state level case begin? - What does appellate courts focus instead of the facts of the case?

- State District Court - Questions of the law

What are the qualification of judges?

- State residency - a license to practice law - membership in the state law - age ranging from 25 to 70

What are the factors that a prosecutor should consider before filing charges?

- The quality and quantity of evidence - The seriousness of the crime - The odds of winning the case - Public opinion - Court Resources - The wished of the victim or family members

The defense can request that the state pay expenses related to psychological evaluations or other types of expert testimony

Motion for Expenses of Experts

The longer a case takes to go to trial, the more likely victim and witness testimony will be less ______

Accurate

To free someone from a criminal charge following a not guilty verdict

Acquittal

The majority of criminal cases that go to trial are _______ (decided by juries)

Adjudicated

A system used in the US in which prosecutors and defendants compete against each other to reveal the truth; one side wins and the other loses; their goal is to "uphold the legal process" to offer effective, quality representation, and to be "zealous advocate on behalf of a client"

Adversarial System

A model in which the defendant and the government are represented by advocates who act on behalf of their clients

Advocacy Model

Allows the arrested person the opportunity to remain free until the case is resolved; reduces the population in overcrowded jails

Bail

Can be used for people who lack the financial resources to post bail

Bail Bondsmen

Gives noncapital defendants the right to be released on bond or personal recognizance

Bail Reform Act of 1966

Made illegal the removal of African Americans from the jury pool merely because they are Black

Batson v. Kentucky

SCOTUS ruled that if the state excludes a group of persons from the jury it's a violaton of Equal Protection Clause in

Batson v. Kentucky

A judge acts as the fact finder and renders judgement

Bench Trial

The standard of proof in a criminal matter is:

Beyond a reasonable doubt

The recusal (removal) of a trial judge or prosecutor

Motion for Recusal

Defendants face execution if convicted; tend to involve premeditated or 1st degree murder, treason, murder of federal agents and politicians, and some crimes against children; prosecutors are required to file a notice of their intent to seek the death penalty in the case; unanimous verdict from the jury

Capital Cases

Prohibited the exclusion of African Americans from public accommodations, including jury service

Civil Rights Act of 1875

Used to settle disputes between two parties that do not involve criminal misconduct

Civil Trials

Federal District courts have jurisdiction over ______ and _____ cases

Civil and Criminal

Any exchanges between parties are protected by attorney

Client Confidentiality

Once probable cause is established, they may arrest the suspect and is referred to the prosecutor's office in the form of a ______ (filed based on the complaining witness's affidavit or statement)

Complaint

A pretrial motion requesting a geographical change of the trial

Motion for a change of venue

Requesting that the judge rule on whether particular evidence can be used at trial

Motion in Limine

Determine if jurors are suitable to serve on a case in which punishment may be execution

Death qualified

Are responsible for ensuring that the constitutional rights of a defendant are protected. Their role is to not judge the client on their actions, but rather to focus on whether the prosecution can prove beyond a reasonable doubt that the accused knowingly committed the act while following the Constitution

Defense Attorney

Traditional courtroom workshop includes__________

Defense Attorneys, Prosecutors, and Judges

The process of deciding the guilt or lack of guilt of the defendant

Deliberation

Established by legislative statute and rules out the possibility of alternatives to prison; increases likelihood that offenders will be imprisoned and increases the length of their sentences

Determinate Sentencing

- Federal courts represent on branch of the government established by congress - jurisdiction varies on the type of case - all felony prosecutions must be initiated by indictment

Difference between federal and state courts

Evidence introduced in a trial that does not require an inference to be drawn from by the fact finding body is called

Direct Evidence

Process through with the defense learns about evidence held by the prosecution

Discovery

Involves intimate partner or domestic violence that were created ins the 1990s. Primary Goals... - Focus on victim safety and offender accountability - focus on the victim and provide advocacy services, assistance with obtaining orders of protection, and some assurance of physical safety in the courtroom

Domestic Violence Courts

1st implemented in 1989 and over half the courts target adult offenders. It includes.... - offender assessment - judicial interaction - monitoring and supervision - graduated sanctions and incentives - treatment services

Drug Courts

Separate court systems exist at the federal and state levels

Dual Court System

Some states appoint judges to the bench, while others hold _____ - What are the opponents of judicial elections?

Elections - American Bar Association and the American Judicature Society

All members participate in the decision making process unless a justice recuses himself from the case because of a conflict of interest

En Banc

A Motion requesting that the court disallow illegally obtained evidence at trial is called

Motion to Suppress

Focuses on the desire that similar crimes be punished in similar ways and with similar severity

Equity

Exonerates the defendant or is at least favorable to the defendant

Exculpatory Evidence

A defendant entering a plea are admitting that there are sufficient ___ and a ___ to support guilt of charge

Facts and basis

Refers to whether the defendant actually committed a crime

Factual Guilt

A pro se defendant is represented by an attorney

False

Hears cases on international trade and customs issues

Former

An Indictment is handed down by a

Grand Jury

Hears evidence presented by prosecution to determine of the person should be charged

Grand Jury

An out of court statement introduced to prove the truth of the matter asserted

Hearsay

Disallows people testifying from introducing hearsay

Hearsay Rule

Established equal protections under the 14th amendment for Mexican American and racial groups

Hernandez v. Texas (1954)

Requesting that the court disallow illegally obtained evidence at trial

Motion to Suppress

Claimed jury discrimination as women were effectively excluded from jury duty based on their sex only

Hoyt v. Florida

A jury that is unable to reach an agreement regarding the guilt or innocence of the defendant is called a

Hung Jury

Unable to reach an agreement regarding the guilt or innocence of the defendant

Hung Jury

Ruled that closed circuit testimony in child sexual assault cases was allowable at trial

Maryland v. Craig

Courts of limited jurisdiction hear cases involving ______ and handle traffic offenses and small claims. Their sentencing powers are limited to fines, community corrections, and incarceration in jail for up to 1 year.

Misdemeanors (magistrate, municipal, city, county, and justice of the peace courts)

Attempts to eliminate politics from the selection process - Who is responsible for the initial appointment of a judge? - Allows voters to determine whether the judge should remain on the bench

Missouri Plan - Governor - Retention Elections

Trial that ends prior to its normal conclusion

Mistrial

The rules of procedure establish a mandate for the prosecution to give the defense certain evidence

Motion for Discovery

The decision to drop charges against a defendant either before or during a trial

Nolle Prosequi

Indicated that the defendant does not wish to contend or is offering no contest to the charges (same as guilty plea)

Nolo Contendre

Concluded that the systematic exclusion of Black persons from juries was a violation of the criminal defendants due process rights

Norris v. Alabama

Prosecutors are not allowed to appeal a ________

Not guilty verdict

What does the current Supreme Court consist of? How long do they serve?

One Chief Justice and eight associate justices, each appointed by the president. They serve lifetime appointments, but can be removed or impeached.

Make the actual determination as to when the person was released from prison

Parole Boards

Language template to be used when charging the jury

Pattern Jury Instructions

Interact with the entire spectrum of agencies, working with the probation personnel, public offenders, prosecutors, and law enforcement on items related to bail, sentencing, and treatment recommendations - Determine appropriate conduct, what evidence may be introduced, and correct procedure - Conduct bench trials - Oversee trial proceedings

Role of Judges

The application of a criminal sanction to a legally guilty individual

Sentencing

Presented in the form of a grid that identifies the appropriate sentence for the offender based on the severity of the crime and the offenders criminal history

Sentencing guidelines

Parties who disagree about the plea will attend a - Who has the final say on sentencing?

Sentencing hearing - Judges

Brown v. Board of Education overturned the following doctrine

Separate but Equal

What helps ensure that judges are free to make decisions without political influence?

Separation of the Governmental Branches

When a jury is isolated to prevent contact from outside influences which may influence the verdict

Sequestered

Indicates the need to take into account the prior behavior of the offender

Social Debt

Who instructs the jury on the law they must follow in reaching their verdict?

The Judge

Who attempts to ensure fairness, equality, and justice?

The Judicial System

Criminal attorneys operate using an advocacy model in an adversarial system

True

A type of mandatory minimum that mandates long prison terms for a third offense

Three Strike Laws

Appointed associate justice on the US Supreme Court and was chief counsel of the NAACP Legal Defense Fund

Thurgood Marshall

Used to deal with traffic offenses; most common trial

Traffic Hearings

What operates under rules of evidence established by procedural law, and is based on evidence and testimony presented before a judge or jury?

Trial Courts (felony, district, circuit, or superior courts)

A full schedule created by the court and the court participants; designates what will happen and when; requires for a trial to be conducted within 6 months of the date of the arraignment

Trial Management Order

Article III, Section 1 of the US Consitution formalized the judicial power of the United States in the Supreme Court

True

What is the supreme law of the land?

U.S. Constitution

The chief law enforcement officer in the government and head of the Department of Justice. They also represents the US in legal matters and serves as an advisor to the president

US Attorney General

Handles trial work at the federal level and is responsible for prosecuting criminal cases at the federal level, prosecuting and defending civil cases, and collecting debts

US Attorneys

Covers 12 regional circuits, with an appellate court for each area, and one U.S Court of Appeals for the Federal Circuit with nationwide jurisdiction - What are the majority of cases? - Hear cases involving patent laws and appealed decisions from the Court of International Trade, the Court of Federal Claims, and the US Court of Appeals for Veteran Claims

US Court of Appeals They are criminal, prisoner petitions, and administrative decisions.

Established by the Judiciary Act of 1789 and is the highest court in the federal system

US Supreme Court

Used for veterans with mental health disorders or cognitive impairment which leads them to compensate by abusing drugs and alcohol

Veterans Treatment Courts

Offers rights to crime victims

Victim Bill of Rights

They are notified when the defendant is released prior to trial, made aware of pretrial release hearings, and monitor the location of the released defendant

Victims

Allows the victim to tell the judge, how the crime affected the victim and the victims family physically, financially, emotionally, and psychologically, and its ensures the victims right to be heard

Victims Impact Statement

A law that requires people to serve at least 85% of their sentence in order for federal financial aid is called

Violent Crime Control and Law Enforcement Act

Requires people to serve at least 85% of their sentences in order for states to qualify for federal financial aid; increase in the prison population

Violent Crime Control and Law Enforcement Act of 1994

Judge denies a challenge for cause

Voir Dire

Defendant must enter guilt ______, ______, and _______

Voluntarily, knowingly, and intelligently

An order to send all documents in order for a case to be reviewed by an appellate courts is called

Writ of Certiorari

Supreme Court has discretion to review a lower courts opinion

Writ of Certiorari

All evidence must be ______, _______, and _________

relevant, material, and competent