CH 3 State Courts, CH 2 Federal Courts, CH 1 Courts

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The five practices of domestic violence courts today

-A dedicated judge presides over all phases ofdomestic violence cases, and related cases are consolidated. -Ongoing monitoring by judge and staff enables the court to hold offenders accountable. -A resource coordinator prepares information for the judge and is the court's primary liaison with the community -On-site victim advocates serve as the primary linkage to social service agencies -The emphasis is on a coordinated community response that includes information sharing education, and coordination across the criminal justice system.

Military justice

-Proceedings are open to military society -Burden of prood less demanding -Three and five person juries are used -Jurors are military personnel -A two-thirds majority is sufficient to convict -Convictions are automatically appealed to a higher court

qualifications for drug court

-no prior felonies -possession not distribution -admit to addiction and be seeking treatment

U.S. Sentencing Commission consists of

1 chairperson 3 vice chairs 3 commissioners

The supreme court consists of

1 chief justice and 8 associate justices

therapeutic jurisprudence's 5 essential elements

1. Immediate intervention 2. Nonadversarial adjudication 3. Hands-on judicial involvement 4. Treatment programs with clear rules and structured goals 5. A team approach that brings together the judge, prosecutors, defense counsel, treatment provider, and correctional staff

Courts of Appeals California number of judges:

105

There are a total of __ Circuit Courts of Appeal and the State of Florida belongs to the 11th Circuit.

11

The United States has more than _______ trial courts of limited jurisdiction.

11,880

In an effort to restrict the types of minor disputes that may be filed in federal court, Congress in ______ raised the amount in controversy from _______ to _______. This alleviated the dockets somewhat

1996 10,000 75,000

the power of a minority of justices makes a difference in about __% of the Courts cases for the other __% the majority are agreement

25 ; 75

Courts of Appeals Louisiana number of judges:

53

Courts of Appeals Florida number of judges:

61

The caseload of the lower courts is staggering - more than ___________ cases a year, the overwhelming number of which are traffic cases more than _______________ in any given year

62 million; 43 million

Courts of Appeals Ohio number of judges:

69

Florida Court Structure Supreme Court ___ justices sit en band (on bench) District Courts of Appeals ___ Courts ___ judges sit in panels of ___ Circuit Courts ___ circuits ____ judges jury trials except in __________ County courts ___ counties ____ judges

7 5; 62; 3 20; 599; appeals 67; 322

Courts of Appeals Texas number of judges:

80

Grand jury

A jury of 12 to 23 persons who, in private, hear evidence presented by the government to determine whether persons shall be required to stand trial. If the jury believes there is sufficient evidence that a crime was committed, it issues an indictment.

list the steps in a typical felony prosecution

A typical felony prosecution begins with an arrest, followed by an initial appearance, the setting of bail, and either grand jury proceedings or a preliminary hearing. If a case survives these hurdles, it proceeds to a formal arraignment, after which decisions about evidence discovery, pretrial motions, and plea negotiations may occur. Cases that are not resolved by plea bargain go to trial. Those convicted at trial are then sentenced and have the right to file an appeal.

Outline the four layers of a typical state court system

A typical state court system includes lower courts (trial courts of limited jurisdiction), major trial courts (trial courts of general jurisdiction), intermediate appellate courts, and the state high court of last resort

Rule of four

A vote of four Supreme Court justices is needed to grant certiorari ( "to be informed of") in order to review a case

ICAs hear both civil and criminal appeals except for __________ and ___________ who have separate courts for criminal and civil

Alabama & Tennessee

U.S. Sentencing Commission

An independent agency of the judicial branch of the US government that creates sentencing guidelines for the federal court system.

What term is used interchangeably with Preliminary hearing despite there being a difference

Arraignment

_________ provides that Federal Courts may be given jurisdiction over "Cases, in Law and Equity", arising under this Constitution, The Laws of the United States, and Treaties made, or which shall be made under their authority".

Article III

Explain the historical evolution of the federal courts into their present structure and operations.

Article III of the U.S.Constitution established the U.S. Supreme Court and gave Congress the power to create lower courts. Congress has exercised its authority under Article III to create inferior courts at different times in U.S. history. Today, the trial courts that primarily exercise original jurisdiction in the federal system are the U.S. District Courts, whereas most appeals are resolved by the U.S.Courts of Appeals.

state high court of last resort, working through court administrators, providing leadership for the state court system

Centralized Administration

most federal question cases concern the application or interpretation of a statute enacted by

Congress

Identify how problem-solving courts using therapeutic jurisprudence handle cases

Courts using therapeutic jurisprudence have five essential elements: (1) immediate intervention, (2) nonadversarial adjudication, (3) hands-on judicial involvement, (4) treatment programs with clear rules, and (5) a team approach to treatment

Prosecutors will give ____________ they trust extensive info, in hopes of arriving at a ________

Defense attorneys, plea deal

The only other avenue for appeal for a disgruntled litigant is the U.S. Supreme Court, but successful applicants are few and must involve important questions of _______________.

Federal Law

Enemy combatants are subject to the

Geneva convention

Define the four primary types of jurisdiction: geographical, subject matter, personal, and hierarchical

Geographical jurisdiction limits the power of courts to adjudicate disputes arising within certain geographic boundaries Subject matter jurisdiction concerns the types of cas es a court may hear and decide.Personal jurisdiction refers to a court's power over a specific person or legal entity (such as a partnership or corporation) Hierarchical jurisdiction concerns whether the court has the power to originally decide a case or to review it on appeal

Difference between preliminary hearing and arraignment

In an Arraignment the defendant enters a plea

State officials in 39 states responded to the growing amount of appellate cases by creating _______________________________.

Intermediate courts of appeals (ICAs)

Hierarchical Jurisdiction

It refers to differences in the court's functions and responsibilities. Original jurisdiction means that a court has the authority to try a case and decide it. Appellate jurisdiction means that the court has the power to review cases that have already been decided by another court.

adversary system

Judge Neutral arbitrator (Plaintiff) Prosecution vs. Defense Decided by jury (sometimes judge)

identify the most important actors in the courthouse

Judges, prosecutors, and defense attorneys are the most important actors in the courthouse. Defendants and victims are also important because they are the source of cases for the courts.

CSI effect

Jurors expectations of forensic evidence in even the most mundane of cases has been called...

list the four key elements defining law

Law is defined as: (1) a body of rules (2) enacted by public officers (3) in a legitimate manner (4) backed by the force of the state.

Substantive law

Law that deals with the content or substance of the law-for example, the legal grounds for divorce

________________are typically controlled only by the local government bodies that create them and fund them.

Lower courts

identify the major elements of a crime

Most behavior cannot be criminal unless: (1) an actus reus (a guilty act) is committed, (2) with accompanying mens rea (criminal intent), and (3) the guilty act and the criminal intent are related. In addition, a number of crimes are defined on the basis of (4) attendant circumstances, and/or (5) specific results.

Power to nominate these justices is vested in the ________________, and appointments are made with the advice and consent of the Senate.

President

_______________ present sentencing recommendations to a judge

Probation officers

identify some of the most important legal defenses in American Law

Some of the most important legal defenses in American law include alibi, necessity, mistake of fact, self-defense, procedural defenses, infancy, and insanity.

Geographical Jurisdiction

Sometimes called territorial jurisdiction in criminal cases is primarily concerned with a sovereign's power to punish conduct that violates its criminal laws.

Tensions and Conflicts

Tensions and conflicts occur among the components of the criminal justice system. The interrelationships among the three components are often marked by tension and conflict because the work of each is evaluated by the other: the police make arrests, yet the decision to charge is made by the prosecutor, and in turn the judge and the jury rate the prosecutor's efforts.

explain the importance of the adversary system

The adversary system seeks to protect individual rights by diffusing governmental power in several actors and insisting that the defendant is presumed innocent until proven guilty.

List the key components of court unification

The key components of court unification include simplified court structure, centralized administration, centralized rule making, centralized judicial budgeting, and statewide financing.

identify the three key characteristics common law

The three key characteristics of the common law are: (1) judge-made law, (2) precedent, and (3) multiple sources of law.

Compare and contrast the tasks of trial and appellate courts

Trial courts are primarily concerned with considering evidence to resolve factual decisions within the bounds of the law. Appellate courts primarily review the legal decisions made by trial courts. In doing so, they serve dual purposes: error correction and policy formation..

Congress created the __________________ in 1891 to relieve the Supreme Court from hearing the growing number of appeals.

U.S. Court of Appeals

Analyze the different responsibilities and workloads of U.S. magistrate judges, district judges, circuit judges, and Supreme Court justices

U.S. magistrate judges assist U.S. district judges by conducting pretrial criminal matters, supervising discovery in civil cases, and making reports and recommendations concerning the disposition of motions and prisoner petitions. District court judges preside over trials and write opinions adjudicating many types of civil disputes. Typically sitting in panels of three, circuit judges review the records in cases appealed from district courts and write opinions ruling on the merits of legal arguments raised in those appeals.

inquisitorial system

Under an inquisitorial system of justice however, the defendant is guilty until proven innocent, therefore is the defendant's burden to prove his innocence.

In state courts, _______ can generally be transferred only to another district or county within a particular state since only the courts of that particular state would have geographic jurisdiction over alleged violations of its own criminal law.

Venue

dual court system

a court system made up of both federal and state courts

The Constitutional Convention

a resolution was unanimously adopted that "a national judiciary be established"

U.S. Magistrate Judges were created for the purpose of

alleviating the workload of the U.S. district courts

The ICA must hear all properly filed ___________. Subsequent appeals are at the discretion of the ___________________.

appeals; higher court

trial courts of general jurisdiction

are empowered to hear all others types of cases within the geographical jurisdiction of the court.

police

are responsible for apprehending criminals

the courts

are responsible for determining the guild of innocence and sentence to those arrested of a crime

Trial courts of limited or special jurisdiction

are restricted to hearing a limited categories of cases, typically misdemeanors and civil suits involving small sums of money.

Article 1 legislative courts, Examples:

bankruptcy judges, Magistrates

A trial tried by a judge sitting alone is called a

bench trial

Law

body of rules enacted by public officials in a legitimate manner and backed by the force of the state

corpus delicti

body of the crime

Diversity of Citizenship

cases involving suits between citizens of different states or between a U.S. citizen and a foreign country or citizen

Judicial bodies established by Congress under Article III are known as __________________

constitutional courts

The Judiciary Act of 1789/1891

created seperate federal district courts

Marbury v. Madison

declared that the U.S. Constitution granted courts the power of judicial review

Arraignment

defendant is given a copy of the formal charges, advised of his rights (more extensively) and is for the first time called upon to enter a plea. Little of importance happens

A court gains power over a particular defendant by virtue of the ____________having done some act within the place where the court is located or having had some contact with the place in which the court is located.

defendant's

Which of these are private citizens?

defense attorneys and bail agents

Magistrate judges are selected by

district court judges

The most common names for courts that have general jurisdiction are _______________________

district, circuit, and superior.

Today ___________ represent the most numerous and widely adopted type of problem-solving court.

drug courts

Full time magistrates are appointed for

eight year terms

due process model

emphasizes individual rights at all stages of the justice system processing

ICAs engage primarily in __________________; they review trials to make sure that the law was followed.

error correction

Procedural laws

establishes methods for enforcing legal obligations

Discovery

exchange of information prior to trial

Appellate courts

exercise appellate jurisdiction do not hear testimony from witnesses, conduct trials, or use juries.

All that needs to be shown is __________ the defendant committed the crime

fair probability

the overall standard amongst the ICAs is one of _______________

fairness

At the _______ level Venue can be changed between districts of the federal system since the offense is against the United States - the same sovereign in federal courts across the country.

federal

Discuss the major types of courts found in the United States

federal and state courts with one or two levels of appellate courts

Cases that fall under Article III jurisdiction are generally referred to as involving a ____________.

federal question

The Courts of Appeal are the intermediate appellate courts of the ________________.

federal system

ICAs represent the ______ stages of the process for most litigants

final

A decision by the state's intermediate appellate court is the ________ one for ________ cases

final; most

How long do district judges serve?

for life

Part time magistrates serve for

four year terms

The term _____________________means that these courts have a legal authority to decide all matter not specifically delegated to the lower courts.

general jurisdiction

Article 3 constitutional courts have a _________ degree of independence from the other two branches of government

greater

actus reus

guilty act

mens rea

guilty mind, criminal intent

Article 1 judges

have a specific term

trial court

hear testimony from witnesses, conduct trials, or use juries.

defense of excuse

impairment, youth, and insanity

Judges

in State courts are mostly elected by referendum (voters). Federal Judges, on the other hand are nominated by the President of the United States and confirmed by the U.S. Senate.

ICAs handle the bulk of caseloads in the appellate system, and their workload has _________________ dramatically the past decade.

increased

At the first level of state courts are trial courts of limited jurisdiction, sometimes referred to as

inferior courts or lower courts

The state high courts of last resort are the ultimate review board for matters involving ___________________________.

interpretation of state law

Venue

is a particular location or area in which a court having geographical jurisdiction may hear a case.

felony

is an offense where the punishment can exceed more than a year in prison.

corrections

is responsible for carrying out the penalty imposed to those who are found guilty.

Common law

judge made, uses precedent and is found in multiple sources

Trials can be tried by a __________ or by ______

judge sitting alone; or by a jury

a group of ________ makes appellate court decisions

judges

Defense of Justification

justifies use of force

uncodified

key characteristic of the Common Law is that it is found in multiple sources

Describe how the courts are related to the other components of the criminal justice system.

law enforcement, courts, and corrections are separate sets of organizations, but they are also interdependent. The courts process cases after suspects are arrested, and corrections handles defendants who are found guilty by the courts.

The former colonists distrusted ____________and harbored misgivings about English Common Law.

lawyers

Article 3 judges serve for

life

The defense has to provide _______________ information to the prosecutor.

little to no

At the second level of the state courts are the trial courts of general jurisdiction, usually referred to as the _________________.

major trial courts

Most __________ are made during trial, few made beforehand

motions

On the rare occasion a grand jury refuses to indict it is called a

no bill

Most defendants at an arraignment plea __________

not guilty

name the four amendments of the bill of rights that deal specifically with criminal procedure

of the first ten amendments to the U.S. Constitution-collectively known as the Bill of Rights-the Fourth, Fifth, Sixth, and Eight deal specifically with criminal procedure

dual court system

one national court system and separate court systems in each of the 50 states and the District of Columbia.

Death penalty

only sought in a small fraction of murder cases

Magistrate judges in short, under specified conditions and controls, may

perform virtually all tasks carried out by district court judges, except trying and sentencing felony defendants.

writ of certiorari

petition by a party to review a case decided by one of the circuit courts of appeals or the highest court of a State.

Negotiating a plea of guilty

plea negotiation

jurisdiction

power of a court to decide on a dispute

Magistrates in felony cases are responsible for

preliminary proceedings, including holding initial appearances, conducting preliminary hearings, appointing counsel for indigents, setting bail, and issuing search warrants.

In misdemeanor and petty offense cases, the jurisdiction of magistrate judges is more extensive; they may

preside over trials, accept pleas of guilty, and also impose sentences.

How are district judges appointed?

president nominates, senate confirms

__________ calls witnesses first

prosecution

Grand juries and preliminary hearings are dominated by the _________________

prosecutor

preliminary hearing

prosecutor must prove to a judge that a crime was committed and that there is probable cause

In some states, but not all, the _______________ is required to turn over a copy of the police reports to the _______________ prior to the trial

prosecutor; defense attorney

Violation

punishable by fine, probation, or short term jail sentence of less than 30 days typically

Misdemeanor

punishable by fines or less than 1 year imprisonment

Appeals are ___________ successful

rarely

After the American Revolution, the functions of the state courts changed markedly. Their governing powers were drastically __________ and taken over by the legislative bodies

reduced

Personal Jurisdiction (in personum jurisdiction)

refers to a court's power over an individual person or corporation.

Thus, state legislatures often responded to unpopular court decisions by

removing some judges or abolishing specific courts all together.

Motions

requests for judge to make decision

precedent, often referred to as stare decisis

requires a judge to decide a case by applying the rule of law found in previous cases, provided the facts in the current case are similar to the facts in the previous cases. By following previous court decisions, the legal system promotes fairness and consistency.

Articles 3 judges are protected against ________ and Article 1 judges are not

salary deductions

The climate of the courts ________ between both models

shift

Opening statement

side makes statement about what they think the evidence shows

Over the past five decades, the caseload of the courts of appeals has ______________________

skyrocketed

Only a _________ percentage of ICA appeals result in a victory

small

The court of last resort is generally referred to as the ____________________________ The specific names vary from state to state,, and to further complicate the picture, Texas and Oklahoma have two courts of last resort- one for civil appeals and one for criminal appeals.

state high court of last resort.

One pretrial motion made by defense attorneys is the ____________ on the grounds of how it was obtained

suppression of evidence

Power of judicial review

the authority to invalidate acts of congress as unconstitutional

distinguish between the crime control model of criminal justice and the due process model of criminal justice

the crime control model emphasizes crime deterrence while the due process model emphasizes individual rights

explain how a "law in action" perspective complements a "law on the books" approach to studying the criminal courts

the law on the books approach to studying the criminal courts stresses the importance of examining the formal law and how courts interpret that law. the law in action approach is complementary because it stresses the importance of discretion throughout a criminal prosecution

Criminal justice system

the numerous public agencies involved in implementing public policy concerning crime

Drug courts emphasize

treatment

single judges decide in ______ courts

trial

Appeal victories are short lived since the majority of defendants who win the right to a new trial are often reconnected in their second trials

true

The U.S. Supreme Court is the court of last resort in the federal court system from which no appeal is possible.

true

Today, there are 179 circuit court judges who hear more than 1,000 cases per 3 judge panel.

true

If the grand jury finds probable cause to hold the defendant for trial, it returns an indictment also called a __________

true bill

Appellate courts are _________________ to defendants

unsympathetic

Structure of the ICAs _______

vary

The following are the multiple sources of law:

‐ Constitution ‐ Statues ‐ Administrative Regulations ‐ Judge‐Made Law


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