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