Criminal Justice 220 (Judicial Process) Test Review# 2

The Hamlin Case

(Argersinger vs. Hamlin) the court refused to extend the newly discovered constitutional right to court-appointed counsel to those accused of minor violations (misdemeanor or ordinance violations), holding that "absent a knowing and intelligent waiver, no person may be imprisoned for any offenses, whether classified as petty, misdemeanor, or felony, unless he was represented by counsel."

There is a tremendous case load for judges and corresponding administrative problems.

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The jurors can be sanctioned be sanctioned by the court if the court rules are not followed

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The percentage of crime committed by career criminals

18.3%

What amendment deal with the right of counsel?

6th amendment; in all criminal prosecutions the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation.

Grand jury

A group of citizens who decide whether persons accused of crimes should be indicted (true bill) or not (no true bill).

UCR (Uniform Crime Reporting)

A program conceived in 1929 by the International Association of Chiefs of Police to meet a need for reliable, uniform crime statistics for the nation. Today, the FBI collects and complies several annual statistical publications produced from data collected from law enforcement agencies across the United States...

How do you have to be a federal judge?

A senator can influence the election of federal judges through the informal power of senatorial courtesy.

National Crime Victimization Survey (NCVS)

An annual, national survey carried out by the U.S. Census Bureau and the U.S. Department of Justice. The NCVS obtains a sample of U.S. households and asks the residents questions about crimes they have experienced during the previous 12 months.

What is the world largest law firm?

Baker and McKenzie

What problems still exists for victims of crime?

Blaming victims for their own misfortune is more than unusual than in the past. Paying for services for the victims.

Who are the defendants?

Defendant are usually 82% male, 71% racial or ethnic minorities, 61% at least one prior conviction, 53% younger than age 35, 31% under criminal justice supervision at the time of arrest (probation, parole, pretrial release, or in custody) in some ways, those accused of violating the criminal law are a diverse lot.

Victims rights of women in Alabama

Differing goals, victim rights in Alabama: a study of victims' right organizations in Alabama found that the membership was disproportionally white and female with African Americans excluded from potential membership. These results in suggest that the victims' right movement is becoming polarized with some quite concerned about secondary victimization and others more focused on punishment of defendants.

Which branch does the attorney general fall under?

Executive Branch

Largest prosecution office generally employs what type of prosecution?

Horizontal prosecution meaning certain prosecutors are assigned to different functions of the case such as initial appearance, charging, preliminary hearing, grand jury, trial, or appeal.

Who are the victims?

In some ways victims are a diverse lot, including the rich and the poor, the young and the old, and men as well as women. This diversity aside however, crime victims are more likely to be young, nonwhite, male, divorced or never married, low income, and unemployed

How are judges elected and how do you become one?

In the early years the republic, judges were selected by executive appointment or elected by the legislature. These methods of judicial selection are used in only a handful of jurisdiction. More than ½ of all states elect judges, emerged during the Jacksonian Era, part of a movement to democratize the political process.

When does indigent defendant have the right to counsel?

Indigent defendants charged with a felony are entitled to the services of a lawyer paid for by the government. In the wake of the Gideon decision, the court wrestled with issues involving the right to counsel with regard to: (1) non-felony criminal prosecutions, (2) stages of the criminal process, (3) ineffective assistance of counsel, and (4) self-representation.

Gideon vs. Wainwright

Indigent felony defendants have the right to appointed counsel (Betts overruled)

Latinos and the justice system

Latinos are less likely to cooperate with law enforcement because of the little knowledge of the English language, the history of oppression makes the fearful of the government, and the lack of basic understanding and confidence of the American justice system

Leading advocate the federal grand jury

Leading advocate for the federal grand jury reform is the National Association of Criminal Defenses Lawyers (2000).

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Missouri Bar Plan is also called the merit selection

Property crimes or violent crimes: which one weighs more?

Property crimes can outweigh violent crimes.

Prosecutor Responsibility

Prosecutors are responsible for bringing charges against offenders

Burns vs. Reed Page

Prosecutors enjoy only qualified immunity from lawsuits concerning advice given to the police.

Prosecutors working style

Prosecutors works for the victim and works closely with law enforcement

What branch of government does the prosecutor fall under?

The executive branch

The percentage of people reporting a crime determined by race.

The percentage of Hispanics reporting a crime is 35% compared to white women reporting 51% and 63% black women.

Who is in the domain of the grand jury?

The prosecutor

What is the role of the prosecutor?

The role of prosecutor is of critical importance because of the office's central position in the criminal justice system. Whereas police, defense attorneys, judges, and probation officers specializes in specific phases of the criminal justice process, the duties of the prosecutor bridge all of these areas. This means that on a daily basis, the prosecutor is the only official who works with all actors of the criminal justice system

Index Crimes

The specific crimes used by the FBI when reporting the incidence of crime in the United States in the uniform crime reports; also called "type I offenses."

Are females traditionally judges?

Traditionally females are not judges.

How do the victims feel about the justice system?

Victims get frustration about the justice system but are more supportive of the justice system.

Weaknesses in the UCR.

Weakness in the uniform crime report is that they are based only on crimes known to the police. But only a fraction of the number of crimes committed are actually reported to the police.

Communication Protection Act

a study in the state of Washington found that groups supporting the Communication Protection Act reflected a punitive orientation toward defendants more than an effort to aid victims of sexual assault. These differing goals explain why victim's rights laws and constitutional amendments are so contradictory.

5th amendment

no person shall be held to answer for a capital, or otherwise infamous crime unless on a presentment or indictment of a grand jury. The archaic phrase "otherwise infamous crime" has been interpreted to mean felonies.

Missouri Bar Plan

which lawyers are selected to be judges is determined by both formal section methods and informal procedures. The major informal selection methods used in the states, including partisan elections, nonpartisans elections, merit selection (usually referred to as the Missouri Bar Plan), and appointment.