Criminal Justice Quiz #3

Which of the following provides the first appellate level for courts of limited jurisdiction?

Trial courts of general jurisdiction

Bob consigned all of his stock holdings to the court as collateral against pretrial flight. What type of bail did he post?

Property bond

What are the three types of pleas someone can make

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

High-level appellate courts are also referred to as ________.

courts of last resort

Signature Bonds

- allow release based on the defendant's written promise to appear. - involve no particular assessment of the defendant's dangerousness or likelihood of later appearance in court. -They are used only in minor offenses such as traffic violations or petty drug cases.

Unsecured Bonds

-Unsecured bonds are based on a court-determined dollar amount of bail. -Like a credit contract this bail requires no monetary deposit with the court. -The defendant agrees in writing that failing to appear will result in forfeiture of the entire amount which might be taken by seizing property.

Role of the judge

1. Hold ultimate authority 2. Rules on matters of law 3. Weighs objections from both sides 4. Decides on admissibility of evidence 5. Disciplines anyone who challenges the order of the court 6. Sentences offenders 7. Decides guilt or innocence

Role of Court Clerk

1. Maintains case records 2. Prepares the jury pool 3. Issues jury summonses 4. Subpoenas witnesses 5. Marks physical evidence 6. Maintains custody of physical evidence

what are the 4 purposes of 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

What is the purpose of bail

1. To ensure reappearance of the accused 2. It prevents unconvicted persons from suffering imprisonment unnecessarily

what are the 4 cases in which the 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

How many regional courts of appeal are there in the United States?

12

There are ________ federal judicial districts.

94

Which of the following is an example of appellate-court jurisdiction?

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

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?

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?

A property bond

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?

A signature bond

Which type of cases are not heard by the state court?

Alleged violations of federal law

Which of the following scenarios illustrates an arraignment?

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

Which of the following is the least likely requirement to become a judge in general jurisdiction and appellate courts in almost all states?

Be above the age of 35.

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.

What are the alternatives to sentencing

Community Service Home Detention Day Reporting Drug Treatment Psychological Counseling Victim / Offender programming Intensive Supervision

Different types of sentencing strategies

Concurrent = all at once Consecutive = all in a row Indeterminate = minimum to a maximum Determinate = fixed term

Conditional Release

Conditional release imposes a set of requirements on the defendant that might include: drug treatment, protective orders, getting a job, etc.

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?

Deposit bail

Deposit Bail

Deposit bail places the court in the role of bondsman allowing a defendant to post a percentage of the full bail with the court.

3 types of evidence

Direct Evidence -proves a fact without requiring the judge or jury to draw inferences. Circumstantial Evidence -indirect and requires a judge or jury to make inferences and to draw conclusions. Real Evidence -may be direct or circumstantial, consists of physical material or traces of physical activity

Who among the following is most likely a public defender?

Farah, who is employed by a state, represents a defendant who cannot afford a lawyer in a rape case.

At which stage of the hearing are defendants brought before a judge to possibly be afforded the opportunity for bail?

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?

Herrera v. Collins

Who are the main players in the courtroom workgroup

Judges Prosecutors Defense Attorneys Police Officers Bailiffs Court Reporters Court Clerks

Roles of the bailiff

Keep order in the courtroom Secure witnesses Maintain physical custody of the jury Announce the judge's entry into the courtroom Prevent the escape of the accused

As state court systems developed, which of the following court models was copied by most states?

New York State Field Code of 1848

nolo contendere (no contest)

Nolo contendere is almost the same as a guilty plea. A defendant who pleads "no contest" is immediately convicted and may be sentenced as though they had pleaded guilty. This plea is not an admission of guilt and may not be used later as a basis for civil proceedings against the defendant

Role of Prosecuting attorney

Once a trial begins, the job of the prosecutor is to vigorously present the state's case against the defendant. 1. Introduce evidence against the accused 2. Steer witness testimony "for the people" 3. Argue in favor of conviction

Role of Defense Counsel

Representing their client and safeguarding their rights Testing the strength of the prosecutions case Taking part in plea negotiations Preparing an adequate defense Representing their clients at trial Prepare and assist with appeals

What are the goals of contemporary sentencing

Retribution Incapacitation Deterrence Rehabilitation Restoration

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.

In which U.S. Supreme Court case was the Court's authority as the final interpreter of the U.S. Constitution established?

Sell v. U.S

What are the pretrial activities

The First Appearance Pretrial Release Bail Alternatives to Bail Pretrial release and public safety

Which of the following is not a characteristic of the U.S. Supreme Court?

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

Role of Court Reporter

The role of the court reporter is to create a record of all that occurs during a trial.

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.

A preliminary hearing is a proceeding before a judicial officer in which the following matter/s must be decided.

Whether there are reasonable grounds to believe that the defendant committed the crime,Whether the crime occurred within the territorial jurisdiction of the court, and Whether a crime was committed

Third Party Custody

assigns custody of the defendant to an individual or agency that promises to ensure their appearance at later court dates

In the context of pretrial activities, the purpose of bail is to ________.

ensure reappearance of an accused

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) ___________.

information

Legal Guilt

is established only when the prosecutor presents evidence that is sufficient to convince the judge (when a jury trial has been waived and the judge determines the verdict) or the jury that the defendant is guilty as charged

Jane conducts a criminal proceeding against a serial rapist on behalf of Gia, a rape victim, in a state court. In this scenario, Jane is most likely to be a ________.

prosecutor

ROR (release on recognizance)

requires no cash bond but only that the defendant agree in writing to return for further hearings as required by the court

factual guilt

the issue of whether the defendant is actually responsible for the crime of which he or she stands accused. If the defendant did it, then he or she is, in fact, guilty.

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 ________.

trial de novo