CRJ101 Chapter 7
Early intervention programs
Gather/present information about available release options Supervise defendants on pretrial release
Liam is told that an indictment has been filed against him. Who filed it?
Grand Jury
Conditional release
Imposes requirements on the defendant May include release under supervisions
National Center for State Courts
An independent, nonprofit organization dedicated to the improvement of the American court system
You have been convicted of a crime in a court of limited jurisdiction. If you choose to appeal your conviction, which court would hear your appeal?
A court of general jurisdiction
You received a traffic ticket and decide to go to court rather than just pay the ticket. Assuming all the following types of courts exist in your state, in which type of state court is your case most likely to be heard?
A court of limited jurisdiction
Danger law
A law intended to prevent the pretrial release of criminal defendants judged to represent a danger to others in the community
Although Jack has not pleaded guilty, he is treated by the court as if he has. What plea has Jack entered?
A plea of nolo contendere, or no contest
Brian, a suspect in a robbery case, signs a document which says that the trial court of Alabama can seize his house and car if he does not appear on his trial date. Which of the following alternatives to bail does this scenario illustrate?
A property bond
The First Appearance
Also called initial appearance or magistrate's review Defendants brought before a judge Given formal notice of the charges Advised of their rights Given the opportunity for representation May be afforded the opportunity for bail May also involve a probable cause hearing Suspect do not to present evidence but are entitled to counsel
Deposit bail
Alternative form of cash bond that lets the defendant post a percentage of the full bail with the court
You have been arrested for a serious crime and decide to plead not guilty. At which stage of the pretrial process are you most likely to enter this plea?
Arraignment
Which of the following scenarios best illustrates an arraignment?
Arun, who is accused of homicide, is brought before a judge and allowed to enter a plea
Which of the following is an example of an original-jurisdiction case?
Brian is arrested for identity theft and is tried in a state trial court
Which of the following cases would be heard by a court with appellate jurisdiction?
Carlos is found guilty of sexual assault and asks a higher court to review his conviction.
Appeal
Convicted defendant's request that a higher court review the actions of a lower court
Unsecured bonds
Credit contract, no monetary deposit required
Third-party custody
Defendant assigned to custody of an individual or agency that promises to ensure defendant's appearance in court
Arraignment
Defendant's first appearance before the court that has the authority to conduct a trial Two purposes To once again inform the defendant of the specific charges To allow the defendant to enter a plea
Pretrial detention
Defendants charged with very serious crimes or who are thought likely to escape or injure others usually held in jail until trial
Dual court system
Federal court system State court systems
Appeals generally fall into three categories
Frivolous appeals—little substance Ritualistic appeals—probability of reversal is negligible Nonconsensual appeals—highest probability of reversal
Which of the following statements regarding the structure of the American court system is true?
Individual states have judicial autonomy over their individual court systems separate from federal control. The substantial legislative authority and judicial autonomy states have over their court systems is a result of a consensus among the nation's founders to preserve such state legislative authority and judicial autonomy in criminal justice affairs.
Dispute-resolution center
Informal hearing place designed to mediate interpersonal disputes without resorting to a more formal arrangement of a criminal trial court Hears victims' claims of minor wrongs Frequently staffed by volunteer mediators
State appellate division may include
Intermediate appellate court (court of appeals) High-level appellate court (state supreme court, court of last resort)
Which of the following statements regarding the U.S. Supreme Court is true?
It has the capacity for judicial review of statutes and lower court decisions.
Joan works in a county mental health court that addresses both public safety concerns and the needs of defendants with mental illness. Defendants with serious and persistent mental illnesses are given treatment and counseling instead of being incarcerated in a jail or prison. Which of the following is true about the court in which Joan works?
It is a problem-solving court. Problem-solving courts generally handle special populations or address special issues, such as problems focusing on the mental health.
Which of the following statements best describes the jurisdiction of a court?
It is the territory, subject matter, or people over which a court or other justice agency may exercise lawful authority, as determined by statute or constitution.
Jack is employed in the state court system. He is responsible for ensuring that the court system operates smoothly and efficiently. What is Jack's role?
Jake is a state court administrator. State court administrators manage the operational functions of a state's court system, including overseeing funding, staffing, training of support personnel, case flow, and inter-jurisdictional coordination.
Which of the following cases is most likely to be tried in state trial court of limited jurisdiction?
Jim accidentally crashes his car into another car causing minor damages.
Community courts
Low-level courts that focus on quality-of-life crimes that erode neighborhoods' morale Emphasize problem-solving rather than punishment and build on restorative principles Official component of the formal justice system Typically divert offenders from prosecution or incarceration—generally sentence offenders to work within the community
Problem-solving courts
Low-level specialized courts that focus on relatively minor offenses and handle special populations or address special issues such as reentry Often a form of community courts Gun courts, domestic violence courts, DWI/DUI courts, drug courts, reentry courts
Grand jury
Made up of private citizens Hears evidence presented by the prosecution and decides if there is sufficient evidence to bring the accused to trial Serves as filter to eliminate cases from further processing when there is no sufficient evidence
Administrative Office of the U.S. Courts
Manages federal court operations
Pretrial Activities
Numerous court-related activities routinely take place before trial can begin Activities vary among jurisdictions
_________ jurisdiction is the lawful authority of a court to hear or to act on a case from its beginning and to pass judgment on the law and the facts.
Original
Release on recognizance (R O R)
Pretrial release on the defendant's written promise to appear in court as required No cash or property bond is required
Signature bonds
Release based on defendant's written promise to appear
You have been charged with a crime. Instead of requiring you to post cash bail, the judge says that you just have to sign a form agreeing to return for any hearings that the court may require you to attend. You have received which form of pretrial release?
Release on Recognizance
Focus on two types of risk
Risk of flight/nonappearance for scheduled court appearances Risk to public safety
Which of the following cases is most likely to be settled in a dispute-resolution center?
Robert is caught stealing groceries from a local store
Which of the following statements is true of state courts in the US?
State trial courts use the adversarial process
Property bond
Substitutes other items of value in place of cash—land, houses, stocks, etc.
Which of the following is true about the power of judicial review?
The Supreme Court uses its power of judicial review to decide whether lower courts decisions are aligned with the intent of the U.S. Constitution. Through its exercise of judicial review, the Supreme Court determines which laws and lower court decisions to uphold and which to strike down, according to the Court's interpretation of the purposes of various provisions of the U.S. Constitution.
Plea
The defendant's formal answer to the charge
Which of the following statements regarding plea bargaining is true?
The judge must consent to a plea bargin
Original jurisdiction
The lawful authority of a court to hear or to act on a case from its beginning and to pass judgment on the law and the facts
Appellate jurisdiction
The lawful authority of a court to review a decision made by a lower court
Bail
The most common release/detention decision-making mechanism in American courts Serves two purposes: Helps ensure reappearance of the accused Prevents unconvicted persons from suffering imprisonment unnecessarily
Which of the following is true about the dual court system in the United States?
The power of the federal government has been increasing and states' rights have gradually weakened.
Plea bargaining
The process of negotiating an agreement among the defendant, the prosecutor, and the court as to an appropriate plea and associated sentence in a given case
Although federal district court judges may serve for life, why do many choose to serve a shorter term?
The salary received by district court judges is low compared to what they could earn in private practice. Although the salary puts district court judges in the top 1% of income-earning Americans, it is low compared to what most of them could earn in private practice. As a result, many serve for a term that is based on their financial position and then resign and return to private practice, rather than serving for life.
Jurisdiction
The territory, subject matter, or people over which a court may exercise lawful authority
Which of the following serves as the trial court of the federal court system?
U.S. District Court The U.S. district courts are the trial courts of the federal court. They have jurisdiction over almost all types of federal cases, including both civil and criminal issues
• Federal courts were created by Article I I I, Section 1 of the U.S. Constitution • Federal judiciary consists of three levels:
U.S. district courts U.S. courts of appeal U.S. Supreme Court
You are charged with a federal crime. In which of the following courts will you be tried?
United States District Court.
How do community courts differ from dispute-resolution centers?
Unlike dispute-resolution centers, community courts can hand down sentences such as fines and a period of incarceration in jail without the need for further judicial review. Because community courts are always official components of the criminal justice system, they have the authority to sentence offenders to fines and jail time. Dispute-resolution centers are not necessarily run by the courts and do not have the power to impose formal sentences.
Three matters decided during preliminary hearing:
Whether a crime was committed Whether the crime occurred within the territorial jurisdiction of court Whether there are reasonable grounds to believe that the defendant committed the crime
Dennis is arrested for speeding and causing a minor accident. The arresting officer releases him after he gives a written assurance that he will appear for trial. Which of the following alternatives to bail had Dennis used in this scenario?
a signature bond
You have appealed a case to a trial court of general jurisdiction. Instead of reviewing the record of your earlier trial, the court offers you the chance for a new trial instead. This is an example of
a trial de novo
The Supreme Court has rendered a decision in a controversial case and the Chief Justice has written the majority opinion. One of the associate justices agrees with the judgment of the Court but not with the reasoning of the Chief Justice. This justice may write a(n) ______________ to explain her reasoning
concurring opinion
Suzette received a traffic ticket and wants to contest the ticket rather than paying it. To do this, she has to appear in traffic court. Traffic court is an example of a
court of limited jurisdiction. Courts of limited jurisdiction have jurisdiction on a restricted range of cases, primarily lesser criminal and civil matters, including misdemeanors, small claims, traffic, parking, and civil infractions. They are also called inferior courts or lower courts.
In the context of pretrial activities, the purpose of bail is to _______.
ensure reappearance of an accused
Marbury v. Madison (1803)
established Supreme Court's authority as final interpreter of the U.S. Constitution
Matt was convicted of rape in a federal court. His attorney files an appeal on the grounds that Matt was tried as an adult despite being only 15 at the time of the crime. This is an example of a ______________ appeal.
nonconsensual
Three types of pleas may be entered
• Guilty • Not guilty • Nolo contendere or no-contest Defendant sentenced as if pled guilty Not an admission of guilt, so cannot be used as a basis for later civil proceedings