Criminal Justice Chapter 7

7 alternatives to bail

1. ROR = Release on Recognizance 2. Property Bond 3. Deposit Bail 4. Conditional Release 5. Third-party Custody 6. Unsecured Bond 7. Signature Bond

property bond

The setting of bail in the form of land, houses, stocks, or other tangible property. In the event that the defendant absconds before trial, the bond becomes the property of the court.

Federal Court System

The three-tiered structure of federal courts, comprising U.S. district courts, U.S. courts of appeal, and the U.S. Supreme Court.

________ is the power of a court to reconsider the actions and decisions made by other agencies of government. 1.) arraignment 2.) judicial review 3.) original jurisdiction 4.) jurisprudence

judicial review

Bob consigned all of his stock holdings to the court as collateral against pretrial flight. What type of bail did he post? 1.) property bond 2.) signature bond 3.) unsecured bond 4.) deposit bail

property bond

jursidiction

the territory, subject matter, or people over which a court or other justice agency may exercise lawful authority, as determined by statute or constitution.

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. The authority may be over a specific geographic area or over particular types of cases.

4 Purposes of the First Appearance

1. To be given formal notice of the charges against them 2. To be advised of their rights 3. To be given the opportunity to retain a lawyer or have one appointed to represent them 4. To possibly be afforded the opportunity for bail

appellate jurisdiction

The lawful authority of a court to review a decision made by a lower court

Bail

The money or property pledged to the court or actually deposited with the court to effect the release of a person from legal custody.

Judicial Review

The power of a court to review actions and decisions made by other agencies of government.

release on recognizance (ROR)

The pretrial release of a criminal defendant on his or her written promise to appear in court as required. No cash or property bond is required.

What are the levels of court jurisdiction?

-limited=lowest level -general=majority of cases heard -appellate=highest level to hear appeals.

3 levels of federal court jurisdiction

1. District Courts and Court of Appeals 2. United States Court of Appeals 3. Supreme Court of the United States

3 types of pleas

1. Guilty 2. Not Guilty 3. Nolo Contendere (no contest)

2 Purposes of Early Intervention Programs

1. To gather and present information about newly arrested defendants and what available release options can be used to help judicial officers decide pretrial release options. 2. To supervised defendants released prior to their trials to make sure they comply with court ordered release conditions

2 purposes of arraignment

1. To once again inform the defendant of the specific charges against him or her. 2. To allow the defendant to enter a plea

4 types of cases in which the U.S. Supreme Court must rule

1. When an act of congress has been found unconstitutional in a lower federal court 2.when a state supreme court has found a federal law unconstitutional 3. when a US court of appeals has found a state law unconstitutional 4. when a constitutional challenge of a state law has been upheld by a state supreme court

2 purposes of bail

1. to ensure reappearance of the accused 2. it prevents unconvicted persons from suffering imprisonment unnecessarily

How many regional courts of appeal are there in the United States? 1.) 10 2.) 12 3.) 6 4.) 60

12

There are ________ federal judicial districts. 1.) 18 2.) 94 3.) 14 4.) 64

94

state court administrator

A coordinator who assists with case-flow management, operating funds budgeting, and court docket administration.

Which of the following is an example of appellate-court jurisdiction? 1.) A court of appeals upholds Carlos' conviction in a sexual harassment case by a state trial court. 2.) Matt appeals to his city's housing board regarding a trial court's decision in favor of his landlord. 3.) Jacob is arrested for murder and is tried in a state trial court. 4.) Mary is found guilty of shoplifting, but asks the court for leniency.

A court of appeals upholds Carlos' conviction in a sexual harassment case by a state trial court.

bail bond

A document guaranteeing the appearance of a defendant in court as required and recording the pledge of money or property to be paid to the court if he or she does not appear, which is signed by the person to be released and anyone else acting on his or her behalf.

competent to stand trial

A finding by a court that the defendant has sufficient present ability to consult with his or her attorney with a reasonable degree of rational understanding and that the defendant has a rational as well as factual understanding of the proceedings against him or her.

information

A formal, written accusation submitted to a court by a prosecutor, alleging that a specified person has committed a specified offense.

indictment

A formal, written accusation submitted to the court by a grand jury, alleging that a specified person has committed a specified offense, usually a felony.

grand jury

A group of jurors who have been selected according to law and have been sworn to hear the evidence and to determine whether there is sufficient evidence to bring the accused person to trial, to investigate criminal activity generally, or to investigate the conduct of a public agency or official.

danger law

A law intended to prevent the pretrial release of criminal defendants judged to represent a danger to others in the community.

community court

A low-level court that focuses on quality-of-life crimes that erode a neighborhood's morale, that emphasizes problem solving rather than punishment, and that builds on restorative principles such as community service and restitution.

nolo contendere

A plea of "no contest." A no-contest plea is used when the defendant does not wish to contest conviction. Because the plea does not admit guilt, however, it cannot provide the basis for later civil suits that might follow a criminal conviction.

preliminary hearing

A proceeding before a judicial officer in which three matters must be decided: (1) whether a crime was committed, (2) whether the crime occurred within the territorial jurisdiction of the court, and (3) 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 has Dennis used in this scenario? 1.) a signature bond 2.) a third-party custody 3.) a deposit bail 4.) a property bond

A signature bond

State Court System

A state judicial structure. Most states have at least three court levels: trial courts, appellate courts, and a state supreme court.

Which type of cases are not heard by the state court? 1.) alleged violations of federal law 2.) original jurisdiction 3.) limited jurisdiction 4.) criminal cases

Alleged violations of federal law

First Appearance

An appearance before a magistrate during which the legality of the defendant's arrest is initially assessed and the defendant is informed of the charges on which he or she is being held. At this stage in the criminal justice process, bail may be set or pretrial release arranged.

dispute-resolution center

An informal hearing place designed to mediate interpersonal disputes without resorting to the more formal arrangements of a criminal trial court.

Which of the following scenarios illustrates an arraignment? 1.) Santiago, an accused in a rape case, is released when his attorney gives assurance that Santiago will appear in court as required. 2.) William, an accused in a murder case, is arrested and immediately presented before a magistrate. The magistrate informs William of his rights. 3.) Deborah, an accused in a robbery case, is released on a deposit bail. 4.) Arun, an accused in a homicide case, is presented before a trial court with original jurisdiction for the first time. The judge allows him to enter a plea

Arun, an accused in a homicide case, is presented before a trial court with original jurisdiction for the first time. The judge allows him to enter a plea

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.

Which of the following is an example of an original-jurisdiction case? 1.) Matt appeals in a higher court against a lower court's decision in favor of his landlord. 2.) Mary approaches a state supreme court to review the state trial court's decision to charge her with grand larceny. 3.) Brian is arrested for identity theft and is tried in a state trial court. 4.) A court of appeals upholds Carlos' conviction in a sexual harassment case by a state trial court.

Brian is arrested for identity theft and is tried in a state trial court.

pretrial release

The release of an accused person from custody, for all or part of the time before or during prosecution, upon his or her promise to appear in court when required.

appeal

The request that a court with appellate jurisdiction review the judgement, decision, or order of a lower court and set it aside (reverse it) or modify it.

courts of limited jurisdiction

Courts of law that have jurisdiction on a restricted range of cases

Which of the following is not a characteristic of the U.S. Supreme Court? 1.) The U.S. .Supreme Court Justices serve for eight years 2.) The U.S. Supreme Court is the highest federal court 3.) The U.S. Supreme Court can only hear criminal cases 4.) The U.S. Supreme Court wields immense power

The U.S. Supreme Court justices serve for eight years.

court of last resort

The court authorized by law to hear the final appeal on a matter.

arraingment

The hearing before a court having jurisdiction in a criminal case in which the identity of the defendant is established, the defendant is informed of the charge and of his or her rights, and the defendant is required to enter a plea.

Which of the following alternatives to bail places a court in the role of a bond agent, allowing a defendant to post a percentage of a full bail with the court? 1.) conditional release 2.) signature bond 3.) deposit bail 4.) release in recognizance

Deposit bail

At which stage of the hearing are defendants brought before a judge to possibly be afforded the opportunity for bail? 1.) grand jury hearing 2.) preliminary hearing 3.) first appearance 4.) pretrial release

First appearance

Which Supreme Court case held that new evidence of innocence is no reason to order a new state trial when constitutional grounds are lacking? 1.) keeney v. Tamayo-Reyes 2.) Marbury v. Madison 3.) herrera v. Collins 4.) McNabb v. U.S.

Herrera v. Collins

plea

In criminal proceedings, the defendant's formal answer in court to the charge contained in a complaint, information, or indictment that he or she is guilty of the offense charged, is not guilty of the offense charged, or does not contest the charge.

Which of the following statements best describes the jurisdiction of a court? a.) t is the formal written accusation submitted to a court by a grand jury, alleging that a specified person has committed a specified offense. b.) It is the power of a court to review only the actions and decisions made by other agencies of government. c.) 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. d.) It is the provision which allows courts to grant pretrial release of a criminal defendant on his or her written promise to appear in court as required.

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.

Which of the following cases is most likely to be resolved in a community court? 1.) bret is arrested as a suspect in a burglary case 2.) jackson is booked for vandalizing homes in his neighborhood 3.) susan is charged for commiting a murder 4.) andrea is arrested in an embezzlement

Jackson is booked for vandalizing homes in his neighborhood.

Which of the following cases is most likely to be tried in a lower court? 1.) Jim accidentally crashes his car into another car causing minor damages. 2.) Mitchell intentionally sets his brother's house on fire over a property dispute. 3.) Lorrie murders her neighbor, David, in a drunken brawl over a financial dispute. 4.) Jane accuses her boss of raping her.

Jim accidentally crashes his car into another car causing minor damages.

trial de novo

Literally, "new trial." The term is applied to cases that are retried on appeal, as opposed to those that are simply reviewed on the record.

Specialized Courts

Low-level courts that focus on relatively minor offenses and handles special populations or addresses special issues such as reentry. Specialized courts are often a form of community courts.

Which of the following statements is true of state courts in the United States? 1.) states courts hear cases related to violation of constitutional rights 2.) the structure of state courts is the same across all states 3.) most criminal courts can be classified within a three-tiered structure 4.) state courts do not have appellate jurisdiction unlike federal courts

Most criminal courts can be classified within a three-tiered structure.

As state court systems developed, which of the following court models was copied by most states? 1.) new york state field code of 1848 2.) magistrate's act of 1968 3.) federal judiciary act of 1789 4.) federal reorganization act of 1801

New York State Field Code of 1848

Which of the following cases is most likely to be settled in a dispute-resolution center? 1.) Robert is caught stealing groceries from a local store. 2.) Leslie is arrested for using illegal drugs. 3.) Sean is charged with aggravated assault for physically abusing his wife. 4.) Jacob is arrested for raping and killing a ten-year-old girl.

Robert is caught stealing groceries from a local store.

In which U.S. Supreme Court case was the Court's authority as the final interpreter of the U.S. Constitution established? 1.) U.S. v. Montalvo-Murillo 2.) U.S. v. Hazzard 3.) Marbury v. Madison 4.) Sell v. U.S.

Sell v. U.S

Which of the following statements is true of the dual-court system in the United States? 1.) state courts do not hear cases involving violations of federal law 2.) a majority of criminal cases originate within federal courts 3.) federal courts exercise significant power in deciding issues of state law under any circumstance 4.) state courts strictly follow a two-tiered structure

State courts do not hear cases involving violations of federal law.

Which of the following statements is true of the U.S. Supreme Court? 1.) the court is the trial court of the federal court system 2.) the court accepts cases only from state supreme courts 3.) the court has the capacity for judicial review of statutes and lower court decisions 4.) the court wields unrestricted original jurisdiction

The Court has the capacity for judicial review of statutes and lower court decisions.

Which of the following provides the first appellate level for courts of limited jurisdiction? 1.) intermediate appellate courts 2.) district courts 3.) trial courts of general jurisdiction 4.) courts of last resort

Trial courts of general jurisdiction

Matt's attorney files an appeal in a U.S. court of appeals to review Matt's conviction in a rape case. The attorney appeals on the basis that Matt was only sixteen years old at the time of trial but was tried as an adult. Which of the following types of appeal is indicated in this scenario? 1.) a frivolous appeal 2.) a nonconsensual appeal 3.) a ritualistic appeal 4.) a consensual appeal

a nonconsensual appeal

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? 1.) a deposit bail 2.) an unsecured bond 3.) a property bond 4.) a third-party custody

a property bond

A preliminary hearing is a proceeding before a judicial officer in which the following matter/s must be decided. 1.) whether a crime was committed 2.) whether the crime occurred within the territorial jurisdiction of the court 3.) whether there are reasonable grounds to believe that the defendant committed the crime 4.) all of the above

all of the above

why are the majority of criminal cases heard in state courts

because most felonies are defined by state laws.

Which of the following was not suggested by proponents of state court reform in order to create a uniform judiciary model for all states? 1.) combining original and appellate jurisdiction 2.) centralizing a state court authority 3.) consolidating courts with overlapping jurisdictions 4.) centralizing court structure

combining original and appellate jurisdiction

who created federal courts?

congress and referred to as legislative courts

High-level appellate courts are also referred to as ________. 1.) trial courts of general jurisdiction 2.) trial courts of limited jurisdiction 3.) courts of last resort 4.) intermediate appellate courts

courts of last resort

courts of general jurisdiction

courts of law with primary jurisdiction on all issues not delegated to lower courts

In the context of pretrial activities, the purpose of bail is to ________. 1.) allow defendants to enter a plea 2.) allow defendants to retain an attorney 3.) ensure reappearance of an accused 4.) inform an accused of his or her rights

ensure reappearance of an accused

The United States dual court system is comprised of what two types of courts? Pick the best answer. 1.) federal and state courts 2.) federal courts and the supreme court 3.) municipal and drug courts 4.) state courts and the state court of appeals

federal and state courts

What is the primary purpose of preliminary hearings

give the defendant an opportunity to challenge the legal basis for his or her detention.

A formal written accusation submitted to a court by a prosecutor, alleging that a specified person has committed a specified offense is called a(n) ___________. 1.) indictment 2.) information 3.) grand jury 4.) arraignment

information

What are the two types of appellate courts?

intermediate appellate courts -courts of last resort (state supreme courts

what do state courts only do

interpret state law

On appeal, when a trial court of general jurisdiction offers a new trial instead of the review of the lower court's decision, it is giving a ________. 1.) jury trial 2.) adversarial trial 3.) constitutional trial 4.) trial de novo

trial de novo