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