Crim Final

examples of hearsay evidence:

- "my sister told me that she heard the defendant say that he killed his wife" - recorded 911 emergency calls - an operator who takes such a call would have to be the witness to testify to what she heard - may include statements while person is dying - hearsay evidence is any statement made by a witness that is not based on that witness's personal knowledge

grand jury hearing

- all defendants in federal felony cases are entitled to a grand jury under the fifth amendment a grand jury is composed of 12 to 23 local citizens who may serve for a particular length of time or for a specific case - do not determine whether suspect is guilty - they decide whether sufficient evidence exists for a prosecution to proceed - stated purpose is to protect people against unjust or overzealous prosecutors - prosecutor presents evience against defendant - read book pg. 273

Which of the following statements best describes the cost of executing offenders?

- because of the expense of the extraordinary judicial process required in capital cases, the costs associated with such cases typically far exceed those of life imprisonment - many states abolishing it cause its expensive

which of the following offenses would likely result in an inmate being placed in a supermax prison?

- killing or attempting to kill other inmates or staff

Role of a defense attorney:

- lawyer - argue case in court - conducts pretrial investigations - be present during some police questioning - bargain with the prosecution and the judge over bail amounts - engage in plea bargaining - determine defense strategy - argue about the sentence - represent the defendant in appeals

Possible pleas entered:

- plead guilty: meaning that he admits to all the charges - not guilty: meaning that he denies the charges - no contest (nolo contendere): he does not admit to the charges but will not dispute them in criminal court

What cases do federal courts have jurisdiction over?

- they only hear limited types of cases - federal case must entail federal law or the US Constitution - or it must involve citizens of different states and at least $75,000 in controversy, or the US gov itself must be prosecuting the case or involved as a party in the lawsuit - only criminal cases that go to fed courts are those that charge someone w/ violating a federal law or those in which a defendant claims that a state has violated her constitutional rights.

an especially heinous murder would be an example of....

- torture - any murder committed in order to avoid arrest - atrocious - cruel

Appellate Courts

- very different from trial courts in terms of both structure and function - appellate courts do not decide on the facts of a particular case, and they do n ot decide whether the defendant is guilty - they determine whether legal errors were made at the trial and if so whether those errors were important enough to invalidate the conviction - courts of appeals provide direct oversight of trial judges - to appeal conviction, defendant files a document called an appellate brief with the appeals court

The purpose of bail is to:

...ensure that defendants show up at trial.

A criminal case typically begins with a...

...with an arrest, although sometimes an arrest warrant is issued first.

What has research found concerning California's three strikes policy?

California's rigorous three-strikes policy has not been found to affect crime rates to any greater degree than to other states' more limited laws. Research shows that habitual offender laws are more often applied to racial and ethnic minorities - and therefore increase sentencing disparity.

A punishment that involved no torture or corporal punishment for offenders and focused on reforming their behavior is based on ______ principles

Quaker/ great law

John is fourteen years old. he is arrested for robbery. the prosecutor and probation officer recommend that he is tried as an adult. the juvenile judge decides that John should be dealt with by the adult criminal court jurisdiction. this is an example of...

a judicial waiver

preliminary hearing

a proceeding in which a judge determines whether probable cause exists to bring the defendant to trial for the crimes with which he has been charged

Bill has committed a felony and must report monthly to his probation officer. tom, on the other hand, committed a misdemeanor and does not have to report monthly. he simply has to send a form in by mail each month notifying his probation officer of any change in his address, employment, or school. Bill is under ________ supervision

active supervision

a plea bargain must take place before...

although plea bargaining can occur at any time before or during the trial - right down to the moment before the jury delivers a verdict - in most cases it occurs before trial

what are the two types of deterrence?

specific deterrence (meant to convince the individual being sentenced not to offend again) & general deterrence (focuses on convincing other members of society that they should not commit crimes either)

After the Supreme Court ruled that the death penalty was unconstitutional, most states re-wrote their death penalty statutes to include a _________, where there was one phase of a trial to decide guilt or innocence and one phase of a trial to decide the punishment.

bifurcated trial

the process of determining which inmates go to which institutions and what the specific conditions of their confinement will be is referred to as..

classification

violating probation conditions could result in...

could result in revocation of probation

To appeal a conviction, the ________ files an appellate brief.

defendant - or, more often, the defendants lawyer

During which part of the court process is the complaint formally read?

defendant in custody entitled to a speedy arraignment, or hearing before a judge or magistrate - during this hearing, the complaint is formally read

What occurs in a suspect's booking?

during booking, the suspect is photographed (mug shot), and fingerprinted, and the police record her personal information and the crimes with which she is initially being charged. unless the crime is very minor and she is released, the suspect is normally confined in a local jail

in general, research has found that intensive-supervision probation...

evaluations of these programs have been inconclusive. an early review found it to be effective. other studies question whether ISP programs were responsible for reported successful outcomes. look in book pg. 391

in adult criminal cases offenders are found guilty. in juvenile crime cases offenders are...

given a disposition? called delinquents?

the policy of parens patriae gives the ______ authority to make decisions about children

government

One of the early forms of punishment in England was to hold convicts in abandoned ships, called...

hulks

the idea that some children are too young to be criminally prosecuted is known as the...

infancy defense

jack is incarcerated in a prison. He has been there for the past 12 years and has over 30 years left on his sentence. because jack has been incarcerated for so long, it is likely that he will face great difficulty in integrating back into society. the difficulty of inmates in reintegrating is referred to as...

institutionalization

If you were accused of committing a crime and have not been released on bail prior to your trial, you are most likely being held in a...

jail/detention

if you have been charged with a crime and denied bail because a judge believes that you are a flight risk, you can be held on...

jail/detention

_______ is when judges use the courts to further their own personal or social agendas

judicial activism

Sometimes juries choose not to apply criminal laws when they feel doing so would be unjust

jury nullification - the power of juries to refuse to apply criminal laws when they feel applying them would be unjust

juvenile courts are courts of _____ jurisdiction.

limited

the Auburn system differed from the Pennsylvania system in that inmates were

once the pennsylvania inmates were taken to their cells, they never, until the day they were released, encountered another human being other than the official who brought them their food. they were totally and completely isolated. in the auburn prison system, however, although the prisoners were isolated in cells at night, they congregated, in silence, during the day for work duty and meals. the auburn system thus came to be known as the congregate (or silent) system.

Which of the following pieces of info is often included in a presentence investigation (PSI)?

prepared by probation officer - contains a personal history of the offender, often a victim impact statement, and a sentencing recommendation. personal data include the defendants martial history, prior record, family background, educational history, employment history, physical and mental health isses, military service, and financial situation. the report covers the states and the defendants versions of the offense. the final sections contain an evaluation, sentencing info or guidelines, and finally a recommendation to the court.

upon entering prison, most inmates go through a process where they learn and adopt the values and norms of the prison. the process of learning these norms and values is called...

prisonization

supermax prisons

read about on pg. 357

______ is the habitual relapse into criminal behavior

recidivism or harsh punishment?

Judge Mills sees that her neighbor is on trial for battery. Judge Mills must exercise _________ by turning the case over to another judge who can be impartial.

recusal

there are two goals of probation. one is to protect society. the other is to...

rehabilitate the offender

Eventually, correctional philosophy shifted from punishment to _________, characterized by changing individuals from offenders into law-abiding citizens

rehabilitation

what was the purpose of the creation of a separate juvenile court system?

rehabilitation rather than punishment was the focus, and courts primary interest was to be on the child rather than on the offense. some important distinctions from adult courts remain - differing terminology, narrower jurisdiction, and more restricted procedural rights for juvenile defendants. created w/ different goals than adult courts

a punishment inflicted on a person who "deserves" to be punished achieves the goal of...

retribution

How many jurors are required to serve on a jury for a state felony criminal trial according to the US Supreme Court

the Court holds that states may have juries of any size they choose, as long as there are at least 6 jurors

Who must determine that a plea bargain is voluntary?

the judge

Suppose Joe is incarcerated in a prison where there is a focus on treatment. the prison views the inmates as "sick" and tries to "cure" their criminal behavior. Joe is most likely incarcerated in an...

therapeutic prison

historically how were juvenile offenders treated?

they were tried by the same courts that tried adults and were subject to the same sanctions, including incarceration and execution. children took on responsibility of adulthood at young age. english common law recognized the infancy defense, by which children under age 7 could not be criminally prosecuted bc they were too young to form mens rea, or criminal intent. between age 7-14 child could be prosecuted but only if prosecutor could prove child knew what he did was wrong. after age 14 child prosecuted like adult.

Who has a right to a jury trial?

this applies only in criminal cases in which he defendant faces 6 months or more of incarceration - jury must be impartial - states may have juries of any size they choose, as long as there are at least six jurors - right to a jury not fully waivable

the Latin phrase habeas corpus translates to

you have the body