Final Exam Criminal Justice

how man superior courts are there?

(Your book refers to this as major trial court). Approximately 2000 Superior Courts in the United States.

In the US there are how many methods of selecting judges?

5

since 2004 how many states have abolished the death penalty?

8

how many justices are there?

8 associate judges and 1 chief justice

Magistrate judges serve for how long?

8 year terms

what amendment prohibits cruel and unusual punishment?

8th amendment

What percentage of cases heard in the United States do state judges handle?

97%

Which traits are components of "good judging," according to the text?

A good judge allows the law to take over his or her entire life; A good judge remembers that she or he is not omnipotent; A good judge is aware of the need for intellectual humility.

What happens at a preliminary hearing?

A judge determines whether probable cause is sufficient against the accused to proceed to trial.

Commission-based appointment

A nominating commission sends a list of judicial nominees to the governor who then makes the final selection.

when a prison is operated by a private company it is what?

A private prison

•Gregoire v Biddle-

Acts committed within the scope of the officers (attorneys) duty protects him from suits for injuries as a result of the act. The Court said "it is better to leave unredressed the wrongs done by dishonest officers than to subject those who try to do their duty to the constant dread of retaliation"

The American legal system, in which there is a contest between two opposing sides, is known as the ______ system.

Adversarial

Gubernatorial appointment

Appointed by the governor. May or may not require legislative confirmation.

Legislative appointment/election

Appointed or nominated by legislative vote only.

what was clarified in Gall v US

Beyond reasonable doubt and unreasonableness

what is smuggled into correctional institutions?

Cell Phones

Super max does what to an offender?

Claustrophobia, increased anxiety, increase sleep disturbances

District Court hears how many filings?

District courts hear 355,00 annual combined filings of criminal and civil cases. These are adversarial trial courts

supermax prison have more vocational programs than high security programs?

FALSE

A federal case must be brought to trial no more than 365 days following the arrest.

False

All 50 states follow the same standard judicial selection process for state courts.

False

In a criminal case, the prosecutor represents the state legislature?

False

In a trial, the defense makes its opening statement first, followed by the prosecution.

False

Jurisdiction is best defined as the geographic location of a court case.

False

New judges know the job before taking on the position; there is no need to train new judges.

False

The "right-wrong" test of legal insanity is the standard in most states for defendants who plan on asserting a justification defense.

False

The court system participates in policy making by creating laws that frequently affect our daily lives.

False

The judge is considered the single most powerful person in the criminal justice system.

False

U.S. district court judges are nominated by the governors of their respective states.

False

judges or jury will only look at the facts specific to the crime itself?

False

majority of offenders released do not recidivate?

False

metal detectors are obsolete due to budget concerns? T or F

False

state and local govt spend 350 million on correction? T OR F

False; they spend about 60 billion a year

Rule of Four-

Four justices must agree to review a case before it is heard by The Court.

what us supreme court case struck down the death penalty under cruel and unusual punishment?

Furrman v Georgia

what type of prison features the highest staff to inmate ratio?

High security?

What is one reason why it is important for judges to enforce courtroom civility?

Incivility damages the courts' public image.

Which of the following are among the important duties of a defense attorney

Inform the accused of the charges and the possible punishments; explain what is likely to happen if the case goes to trial

what is a feature of a prison?

It is a long term holding facility

nick got a 6 month incarceration time for drunk driving. where will he serve this?

Jail

Which benefits are part of being a judge?

Judicial training schools and seminars are available to master and reinforce knowledge of the law; Federal judges serve lifetime appointments; Being a judge warrants a high degree of respect and prestige.

Contract Attorney

Jurisdictions enter into contracts with law firms or individual attorneys to defend indigent clients for a fixed sum.

what are the three problems for judges?

Knowledge; Administering the court, docket, and supervising the staff; Phycological discomfort that accompanies the new position.

what is the most humane means of executions?

Letha injection

Which general term applies to state trial courts of limited jurisdiction, variously called district, justice, justice of the peace, city, magistrate, or municipal courts?

Lower Courts

Most judges have problems in one of five areas (phycological discomfort)

Maintaining judicial bearing on and off the bench •Loneliness •Sentencing people •Forgetting the adversary role •Handling local pressure

Administering the court, the docket and supervising court staff

Many have problems with administrative requirements and case loads.

Knowledge-

Many lack a depth of knowledge on the substantive and procedural aspects of law and local court procedures. Training schools and seminars have been implemented to help judges ease into their positions.

high incarceration can be defined as what?

Mass incarceration

Which set of guidelines outlines appropriate behavior judges should exhibit and demand of others in the courtroom?

Model Code of Judicial Conduct

Is a judge is immune to sanction?

NO

Donald was a White supremacist who had been active in extremist groups for years. He decided he wanted to carry out a terrorist attack, so he started to ask around about how to make explosives. James was also active in the group and offered to build a bomb for Donald. After Donald planted the bomb, he was immediately arrested by James, who was an undercover FBI agent. Would an entrapment defense be successful?

No, because the agent simply set the scene for Donald to commit a crime he was predisposed to commit anyway.

in which model of corrections was an offender isolated from bad influences?

Penitentiary model

what goal of punishment aims to make an offender a law abiding citizen?

Rehabilitation

Public Defender-

Salaried Government employees hired by the state or county to represent indigent clients

what would be seen as an aggravating circumstance when someone robs a bank with a gun?

Sam's use of a gun

what is the largest department in a prison?

Security

Defense attorneys ensure that "effective counsel" is provided for the accused, as guaranteed in the ______ Amendment.

Sixth

what supreme case upheld the use of victim impact statements?

Smith v Indiana

The dual court system of the United States includes which two court systems?

State and Federal

offenders do not leave their cells, eat meals, or participate in educational programs?

Supermax

Writ of certiorari-

The Court agrees to hear a case they will direct the lower court to forward all case documents to them.

Partisan election

The judicial candidate runs for a judgeship and their party affiliation is listed on the ballot.

Nonpartisan election

The judicial candidates party affiliation is not listed on the ballot.

the Gatekeeper of the justice system is who?

The prosecutor

Trial courts of limited jurisdiction have how many courts and see how many cases? (District and Lower trial)

There are more than 13,500 District and Lower trial courts in the United States that hear more than 72 million cases a year and they constitute 85% of the judicial bodies in the United States

Prosecutorial Immunity and Misconduct

They are immune from prosecution for actions taken in their official capacity. •Defendants cannot sue prosecutors for civil damages for how they handled a case. •Some believe prosecutorial immunity goes too far and unfairly insulated the most powerful player. •U.S. Supreme Court—immunity represents a "balance of evils."

In which ways have the nation's courts had an impact on prisons?

They reinforced adoption of national standards for prisons; They abolished the South's plantation model of prisons; They extended recognition of the constitutional right of free speech for prisoners.

Affirmative defenses involve a defendant arguing that the act occurred without mens rea.

True

In the commission-based method of selecting judges, judicial applicants are evaluated by a nominating commission, which sends a list of best-qualified candidates to the governor, who then appoints one of the nominees.

True

The manner in which state and local judges are selected varies widely from state to state.

True

mother submits a letter outlining the impact of her sons murder on the family. This letter is a what?

Victim impact statement

what helps the court determine the human cost of the crime?

Victim impact statment

what is the chief administrator of federal prison?

Warden

parole did what?

abolished the cap on maximum amount of days that can be subtracted from a federal sentence

benefit of virtual visits with doctors for inmates?

alliviates public safety concerns with physically transporting inmates

What kind of training do new judges typically receive?

an orientation and training in addition to continuing education

At which pretrial stage is a defendant asked to enter a formal plea of "guilty" or "not guilty"?

arraignment

Which of the following members of the courtroom work group is responsible for maintaining order and safety in the courtroom and the judge's chambers?

bailiff

Which clerical procedure involves having the accused fingerprinted, photographed, and questioned?

booking

A defendant on trial for murder offers to plead guilty to the lesser offense of manslaughter, claiming he acted in the "heat of passion." This is an example of which type of plea bargaining?

charge bargaining

Which term applies to the intermediate court of appeals that sits between U.S. district courts and the U.S. Supreme Court?

circuit court

Which are of the following are systems for providing legal representation to indigent persons?

contract system, assigned counsel system, public defender system

Which member of the courtroom work group creates transcripts of the trial proceedings?

court reporter

The judge, prosecutor, and clerk are among courtroom actors who all work together to move cases through the court system as members of the ______.

courtroom work group

what correctional model calls for longer sentences for career criminals?

crime control model

What court technology has enabled some states to replace court stenographers?

digital recording

what spurred the creation of federal sentencing guidelines

discontent within indeterminate sentences

In 2013, a 16-year-old named Ethan Couch drunkenly collided with a group of people helping a stranded motorist, killing four people. Couch's defense is that although he did drive drunk, he should be granted leniency because he suffered from "affluenza," which meant that during the night of the crash he did not understand the consequences of his actions due to his extremely privileged, wealthy, and dysfunctional upbringing. Couch's "affluenza" is an example of which of the following categories of defenses?

excuse defenses

what spurred the development of federal sentencing guidelines

growing discontent with indeterminate sentences

what are mitigating circumstances?

has a mental illness, acting under duress, had no prior criminal record.

Magistrate courts include federal district courts as well as-

hear minor violations such as conducting mediations, resolve discovery disputes, and decide a wide variety of motions; determine whether criminal defendants will be detained or released on a bond; appoint counsel

what are arguments put forth by those against the death penalty?

holds no deterrent value, discrimination toward minorities, claims the lives of innocent people

what is the primary use of new technologies in correctional facilites?

improve safety, efficiency, and effectiveness

what is incapacitation?

incarcerating an offender

offender comes from a place where a prison record is "good", what can be inferred?

incarceration is ineffective in deterring the offender

when you are given a minimum and maximum sentences for assault what kind of sentencing structure could be used?

indeterminate

Rehabilitation is close aligned with what?

indetermine sentencing

In 2002, Vadim Mieseges claimed that he had been "sucked into 'The Matrix'" when he murdered and dismembered his landlady. His defense asserted that his delusions, which mirrored the plot of the sci-fi movie, "The Matrix," meant he was incapable of understanding right from wrong. What type of defense was used in Mieseges's trial?

insanity defense

What is the first stop for an appeal in the state courts?

intermediate court of appeals

penitentirary model

isolate criminal offenders

Judge Harrison often keeps his court waiting more than 45 min for him to enter the courtroom and sometimes calls attorneys by disrespectful nicknames during trial. What is the best way to characterize Judge Harrison's behavior?

judicial arrogance

Which term would be used to describe inappropriate behavior by a judge, such as treating witnesses or jurors poorly?

judicial misconduct

What are the two categories of affirmative defenses?

justifications and excuses

how much does it cost to house an inmate?

less than 85,000 about 81,000

Which responsibilities take up the majority of a judge's time?

managing administrative tasks

what is the primary concern of supermax

mental health of inmates

In which method of state judicial selection does a nominating commission recommend qualified candidates to the governor?

merit selection

what type of prison is primarily work and program oriented?

minimum security

If a defendant argues that they should not be held criminally responsible because they had to commit the crime as the result of an emergency situation, which type of justification defense are they asserting?

necessity

what was created because inmate lawsuits?

new generation/direct supervision jails

The Supreme Court is usually made up of ______ justices.

nine

What is the function of a clerk of the court?

organizing and cataloging all of the paperwork generated during a trial

high security institutions are called what?

penitentiaries

Prosecutors and defense attorneys use which of the following to dismiss a potential juror during the jury selection process without explanation?

peremptory challenges

How are tablets and apps used in court?

presenting evidence

what uses inmates to produce goods?

prison industries

Which member of the American criminal justice system is considered to be the most powerful?

prosecutor

Who is the paid government employee whose sole function is to represent indigent defendants?

public defender

crime control model

punish career criminals more

deterrence

punishment will deter crime

retribution

punishment will fit the crime

incapacitation

punishment will prevent movement

Rehabilitation

punishment will reform offender

one outcome of new generation supervised jails is what?

reduce the trauma of incarceration

enacting the sentencing reform act did what?

rehabilitation was a goal that was removed, all federal sentences were made determinate

what goal of punishment emerged first?

retribution

the reformatory model

rewards inmates for good acts

Supreme court has made made important rulings regarding the death penalty, who could be executed?

robin who was convicted of espionage although her crome did not result in the death of another person.

at what stage are victim impact statements provided to the court?

sentencing

Which decisions do prosecutors have the authority and power to make at their sole discretion?

sentencing recommendations; types of charges; the decision to charge; whether to entertain plea agreements

97% of the cases heard in the United States are heard by

state judges.

Who has the burden of proof when a defendant asserts an affirmative defense for engaging in criminal conduct?

the defense

what is Habeas corpus?

the legality of his or her confinement

what is aggravating circumstances?

the offender committed other felonies

the role of the appellate court is to review the what ?

the transcript of cases for errors?

There are 94 U.S District courts and 678 district court judgeships. How long do they serve as judgeships?

they are appointed for life

what is the role of the us sentencing commission?

to establish sentencing guidelines

what reflects the mission of correctional agencies?

to protect citizens from crime by managing offenders and providing rehabilitation opportunities

the______ organization type of corrections emphasizes the rehabilitation of inmates

treatment

medical model

treats criminality as an illness

what management concept is used to control prisons by using self contained living?

unit management

How long must a jury deliberate?

until they reach a verdict

consecutive sentences

when convicted of multiple sentences, this requires you to serve them seperately

what did they do to reduce trauma of incarceration?

windows and colorful wall coverings

Federal Judiciary responsibility

•Disputes between states and Countries or foreign citizens •Maters of Federal law (Civil rights, Constitutional Violations, etc..) •Crimes spanning multiple states (Kidnapping, trafficking across state lines, Money laundering) •Federal authority is limited by the Constitution

State Judiciary responsibility

•Handles every matter not under federal jurisdiction. •Family law•Landlord tenant dispute •Civil matter within the state •State criminal offenses (from speeding to murder)

Where could the defendants rights be lost? (critical stages)

•Interrogation • jury selection • arraignment • trial• sentencing •first appeal of conviction

What does the prosecutor do?

•One who brings prosecution, representing the people of the jurisdiction. •Said to be the most powerful person in the system. •Represent the people, the victims in particular, and investigate crimes. •Good prosecutors will try to establish rapport with the victim prior to trial.

Prosecutors have the power to make what types of decisions?

•The decision to charge •Type of charge(s) •Whether to recommend granting/denying bail •Plea agreements—whether to entertain such agreements and if so, the terms •Sentencing recommendations