criminal justice 3 chapters 9-11

Judicial decision making is said to be influenced by many factors. List the three main categories in which judicial decision making is influenced and provide at least one example for each

-attitudes, ideology, and opinions: supreme court justices' ideology and beliefs were almost perfectly correlated with their decisions -demographic characteristics: judges' sex and race may influence their decisions as well -reflection: judges hand down decisions that draw less attention to themselves during election time

Discuss the rationale and benefits of specialty courts and how such courts fit into the larger structure of the state court system

-focus on one type of criminal act -mental health courts focus on treatment -fall under the heading of courts limited jurisdiction

In order for the Supreme Court to hear the case, it must first request a record of the inferior court be brought forth in a process called:

A writ of certiorari

The evidence against Mr. Crutchfield is presented to the grand jury who charge Mr. Crutchfield with the crime of murder. This is called:

An indictment

Which is a process of dispute resolution in which a neutral third party renders a decision after a hearing at which both parties agree to be heard?

Arbitration

Defendants who are rearrested for a felony while out on bail are referred to as:

Avertable recidivists

Given the same scenario above but changing the defendant from male to female, if found guilty and at sentencing the offender is given twenty-five to thirty years instead of life in prison or the death penalty, many would argue that this is an example of the:

Chivalry hypothesis

Which of the following would be handled by the U.S. District Courts?

Civil rights abuse

A prosecutorial philosophy that emphasizes support and cooperation from various agencies for preventing crime, as well as a less centralized and more proactive role for local prosecutors is:

Community prosecution

Which of the following are factors that may influence prosecutorial decision making?

Court backlog, Strength of the evidence, Preference for treatment over punishment

A state or federal court that has jurisdictions over felonies is referred to as a:

Court of general jurisdiction

Misdemeanor courts and municipal courts are examples of:

Courts of limited jurisdiction

Which is the legal counsel in a criminal case who represents the accused person from arrest to appeal?

Defense attorney

Which is the county prosecutor who is charged with bringing offenders to justice and enforcing the criminal laws of the state?

District attorney

The use of an alternative to trial, such as referral to a treatment or employment programs is called:

Diversion

All information that is material and favorable to the accused defendant because it casts doubt on the defendant's guilt or on the evidence the government intends to use at trial is called:

Exculpatory evidence

Which of the following typically is not a qualification of a potential judge in most states?

Has practiced law for at least 10 years

Dangerous criminals are held in confinement to segregate them from society in order to eliminate the risk of re-offending under which concept?

Incapacitation

"Let the sentence fit the criminal" best describes the basic philosophy of:

Indeterminate sentencing

If Jason were 25 years old and has committed the same crime but had three prior arrests: one for DUI, one for robbery, and one for simple assault, all since his eighteenth birthday. If at sentencing the judge sentences Jason to three to five years, this is an example of:

Indeterminate sentencing

Mr. Reed would be considered which of the following because he does have the funds necessary to hire an attorney on his own?

Indigent offender

The importance of Ring v. Arizona is that it ruled that:

Juries, not judges, must make the decision to sentence a convict to death

In which case did the Court bar capital punishment for child rapists unless the rape resulted in or was intended to result in the death of the child?

Kennedy v. Louisiana

In which Supreme Court case was it decided that the federal cocaine sentencing guidelines, like other guidelines, are advisory?

Kimbrough v. United States

According to early English Law, which of the following stated that no "freeman" could be seized and imprisoned unless he had been judged by his peers?

Magna Carta

In which case did the Court reaffirm the legitimacy of its jurisdiction over state court decisions when such courts handled issues of federal or constitutional law?

Martin v. Hunter's Lessee (1816)

Which court case guarantees the accused the right to counsel when in custody and thereafter?

Miranda v. Arizona

Which is a method of judicial selection that combines a judicial nominating commission, executive appointment, and nonpartisan confirmation elections?

Missouri Plan

At his arraignment, the defendant is asked to plead to the charges. The defendant pleads no contest or what is otherwise known as:

Nolo contendere

Which of the following is not a primary reason shown to affect judges' decisions according to the text?

Pay scale

According to the Innocence Project, which of the following is not a reason for giving a false confession to a crime?

Potential profitability

A social and personal history document containing an evaluation of the defendant's chances for successful rehabilitation that the judge uses during the sentencing phase is called:

Presentence investigation report

Laws that require that certain dangerous defendants be confined before trial for their own protection and that of the community are called:

Preventive detention statutes

An appointed elected member of the practicing bar who is responsible for bringing the state's case against the accused is the:

Prosecutor

The prosecutor's authority to decide whether to bring a case to trial or to dismiss it outright is known as ______

Prosecutorial Discretion

The importance of Ford v. Wainwright (1986) established that it is unconstitutional to:

Put to death a mentally insane person

If it was later determined that Mr. Reed or another party was to pay a partial or full amount back to the attorney or organization representing him, this would be called:

Recoupment

The most common sanction for overzealous prosecutors in the United States is:

Reprimand/censure

If Brent were sentenced to one year of probation and forced to work in the local school systems as an educator to teens and young adults about the dangers of driving drunk instead of getting a jail sentence this would most resemble:

Restitution

Which court case upheld the use of preventive detention statutes to protect the well-being of the juvenile offender and the public?

Schall v. Martin

Which of the following would not fall under the purview of a court of general jurisdiction?

Simple assault

Which of the following is not one of the four primary factors linked to prosecutorial decision making?

Situational factors

A court that has primary jurisdiction over specific types of offenses and that operates differently than a traditional criminal courts is referred to as a:

Specialized court

If the court ordered Ms. Hershey and others (witnesses) to appear in court, they would be notified by what document specifying the date and time of the hearing?

Subpoena

Which is not one of the three main sentencing procedures used in the United States?

Substantiated sentencing

The belief that capital punishment creates an atmosphere that enhances, rather than reduces, the level of violence in society is called:

The brutalization effect

The view that the low rates of crime and delinquency among females reflect the leniency with which female offenders are treated is called:

The chivalry hypothesis

All of the following are reasons for court congestion as presented in the text except:

The crime rate, which is always on the rise

Explain the role and functions of a judge in the U.S. court system

The role of the judge is to keep order or to tell you the sentence of the person. They are the senior officer in a court of law and is authorized to hear and decide cases.

Assuming Ms. Hershey was found guilty and her lawyer appears the ruling due to a judicial misinterpretation of the law, which court would hear the appeal first?

U.S. circuit court

Courts that have jurisdiction over cases involving violations of federal laws, including civil rights abuses, interstate transportation of stolen property, and kidnappings are called:

U.S. district courts

Elaborate the functions of the three-tiered federal court system

US district court: cases over both civil & criminal actions circuit court: Once the federal district court has decided a case, the case can be appealed to a United States court of appeal supreme court: The Supreme Court of the United States is the highest court in the American judicial system, and has the power to decide appeals on all cases brought in federal court or those brought in state court but dealing with federal law

The ________________ are the trial courts for the federal system

US district courts

Which type of bail occurs when a defendant is released, with no immediate requirement for payment unless they do not appear in court?

Unsecured bond

What is the term for the group called for jury duty from which jury panels are selected?

Venire

A post conviction address by the victim of the crime or the victim's family that may be used to guide sentencing of the offender is called a:

Victim impact statement

Describe the U.S. Supreme Court and elaborate the process through which a case is heard in this court

When a party wants the Supreme Court to hear a case, the party files a petition for review. The record then is transferred to the Supreme Court. After examining the petition for review and supporting materials, the court decides whether to grant or deny review

An order of the superior court requesting that a record of an inferior court be brought forward for review or inspection is called a(n) _______

Writ of Certiorari

An order of a superior court requesting that a record of an inferior court be brought forward for review or inspection is a:

Writ of certiorari,

Which of the following reasons is not an issue normally considered when deciding whether or not to grant bail?

age of the accused

Discuss what is meant by an alternative dispute resolution and the two main forms of dispute resolution. Also, list and describe what is meant by a "mini-trial," and provide examples to support your answer.

alternative dispute is a means of settling disputes outside the classroom. The two main forms are arbitration and mediation. A mini-trial means it is a simplified version of a trial. Examples are: the time for preparation is relatively short - between 6 weeks and 3 months, the hearing itself is sharply abbreviated - usually no more than 2 days, the hearing is often conducted by a neutral third party, typically called the neutral adviser

At his initial hearing, Mr. Crutchfield pleads not guilty to the crime of murder in the first degree. What is this initial hearing called?

an arraignment

Define what is meant by an indigent defendant. Also, describe the three means of counsel available to an indigent defendant. What does research state about the effectiveness of appointed counsel verse privately funded counsel

an indigent defendant is someone that is poor and lacks funds to hire a private attorney and is therefore entitled to free counsel. 3 means of counsel are: assigned counsel; a private attorney appointed by the court to represent a criminal defendant who cant afford a lawyer, public defender; an attorney employed by the government to represent criminal defendants, and recoupment; process by which the state later recovers some or all of the cost of providing free legal counsel to an indigent defendant. research states that 90% of federal defendants and 75% of the defendants in the most populous counties were guilty regardless, those represented by publicly financed attorneys were incarcerated at a higher rate than defendants who paid for their own legal representation

Which is an initial court appearance, at which the accused is read the charges, advised of his or her rights, and asked to enter a plea?

arraignment

The chief legal officer and prosecutor of each state and of the United States is the ______

attorney general

The monetary amount required for pretrial release, normally set by a judge, which is meant to ensure that the accused returns for additional hearings is called _____

bail

Define bail and then list and define the forms of bail listed in the text.

bail is a form of security, usually money, that is put up or exchanged to secure the release of an arrested person before the trial begins. types of bail are: full cash bail, deposit bail, and surety bail

Which act mandated that no defendants shall be kept in pretrial detention simply because they cannot afford the monetary bail?

bail reform act of 1984

What was the most common state-administered punishment in early Greece and Roman civilizations?

banishment

Explain the nuances of the "no contest" plea

basically a plea of guilty with the same consequences with one exception: it may not be held against the defendant as proof in a subsequent civil matter because technically not admission of guilt has been made

In a ___________________ trial, the evidence is heard by a judge, who renders the verdict, as opposed to a jury

bench trial

Of the following property crimes, which is most likely to have the highest average bail set for felony arrests?

burglary

During questioning, it is determined that a young lady who is a possible juror works as a secretary at the same grade school where the deceased had worked. The defense immediately puts in a request to have this juror removed because of bias. This request is called:

challenge for cause

Which is a sworn written statement addressed to a court or judge by the police, prosecutor, or individual alleging that an individual has committed an offense and requesting prosecution?

complaint

Prison sentences for two or more criminal acts, served simultaneously and that run together are called:

concurrent sentences

Prison sentences for two or more criminal acts, served one after the other are called:

consecutive sentences

Who ultimately is responsible for determining the actual length in indeterminate sentencing?

correctional agency

Having presented its case against Mr. Faulstick, the prosecution rests. Concerned that the state has not proved the charge against the defendant beyond a reasonable doubt, Mr. Faulstick's attorney enters a motion for what?

direct verdict

The county prosecutor who is charged with bringing offenders to justice and enforcing the criminal laws of the state is known as the _____

district attorney

Knowing what you know about the case, which system would most likely handle the case?

federal district court due to the nature of the crime

In some jurisdictions, which type of bail is defined by the defendant paying the total amount out of pocket with either cash or property?

full cash bail

Which case ruled that the death penalty amounts to cruel and unusual punishment, which is a violation of the Eighth Amendment?

furman v Georgia

A felony charge would likely be handled in which state court?

general

If Brent were sentenced to six months in jail but was released after four months because he was a model prisoner and completed his mandatory educational and substance abuse training, this would be an example of:

good time

A group of citizens chosen to hear charges against a person accused of a crime and to determine whether there is sufficient evidence to proceed to trial is a:

grand jury

Compare and contrast the grand jury and the preliminary hearing

grand jury is a group of citizens chosen to hear charges against the persons accused of crime and to determine whether there is sufficient evidence to bring those persons to trial. preliminary hearing is the hearing before a magistrate to determine whether the government has sufficient evidence to show probable cause that the defendant committed the crime

That the death penalty does not violate the Eighth Amendment to the Constitution was ruled in:

gregg v Georgia

Using mandatory life sentences so criminals cannot hurt other citizens is the core goal of:

incapacitation

A(n) ________________ is a written accusation returned by a grand jury, charging an individual with a specified crime after determination of probable cause

indictment

A formal charging document, similar to an indictment, based on probable cause as determined at a preliminary hearing is called:

information

What are some of the ethical issues faced by defense attorneys?

is it proper to cross examine for the purpose of discrediting the reliability or credibility of an adverse witness whom you know to be telling the truth? is it proper to put a witness on the stand when you know he will commit the perjury? is it proper to give your client legal advice when you have reason to believe that the knowledge you give him will tempt him to commit perjury?

The grand jury originally was created as a check against the:

judge

The senior officer in a court of law, who is authorized to hear and decide cases is the:

judge

Which role is most problematic and controversial in plea negotiations?

judge

Who is responsible for delivering jury instructions?

judge

The not-guilty verdict of John Peter Zenger of the New York Weekly Journal in 1735 is still widely recognized as one of the most famous examples of ____________________ in the nation's history

jury nullification

In 2007, which was the first state to abolish the death penalty since it was reintroduced in the United States in 1972?

new jersey

________ is the action of the grand jury not to indict a suspect

no bill

The three pleas are guilty, not guilty, and _____

nolo contendere

U.S. Supreme Court judges are nominated for their position by _________

nominated by the President and confirmed by the United States Senate

Providing for more judges, diversion programs, and bail reform are solutions for the problem of _______________

overcrowding

Define plea bargain

plea bargain is the exchange of prosecutorial and judicial concessions for pleas of guilty.

Discussions between defense counsel and prosecution in which the accused agrees to plead guilty in exchange for certain considerations, such as reduced changes, is referred to as:

plea bargaining

Which procedure is often used as an alternative to the grand jury?

preliminary hearing

The report of the grand jury investigation, which usually includes a recommendation of indictment, is called a:

presentment

Individuals who are either denied bond or cannot afford to post bond are referred to as:

pretrial detainees

_____________ are referred to as individuals who either are denied bail or cannot afford to post bail before trial and are kept in secure confinement

pretrial detainees

Legal and administrative actions that take place after arrest and before trial are referred to as _________________

pretrial procedures

_______ is the pretrial release of a defendant with ties to the community and who is not a flight risk; this individual is not required to post bail but promises to appear for subsequent hearings

preventative detention

The practice by private attorneys of taking the cases of indigent offenders without fee as a service to the profession and the community is called __________ work.

pro bono

As an attorney, the defense attorney is obligated to uphold the Model Rules of _________________ in the defense of a client

professional conduct

The evidentiary standard of proof required to convict a defendant in a criminal trial is ____

proof beyond a reasonable doubt

List and define the pros and cons associated with plea bargaining. Do you think plea bargaining will ever be abolished? Why, or why not?

pros: overall costs of the criminal prosecution are reduced, the administrative efficiency of the courts is greatly improved, the prosecution can devote more time to serious cases, resources can be devoted more efficiently to cases that need greater attention cons: encourages defendants to wave their constitutional right to trial, allows dangerous offenders to receive lenient sentences, raises the danger that an innocent person will be convicted of a crime if he or she is convinced that the lighter treatment ensured by a guilty pleas is preferable to the risk of convention and a harsher sentence following a formal trial

Define the roles of prosecutors and defense attorneys. What are their main differences and similarities, and how do ethics and morals impact each position

prosecutor focuses the power of the state on those who disobey the law by charging them with a crime and eventually bringing them to trial or, conversely, releasing them after deciding that the evidence at hand does not constitute proof of a crime. defense attorneys is obligated to uphold the integrity of the legal profession and to observe the requirements of the model rules of professional conduct in the defense of the client.

Describe the role of the prosecutor, defense attorney, judge and victim in plea bargaining

prosecutor: generally free to weigh competing alternatives and factors, such as the seriousness of the crime, the attitude of the victim, the police report of the incident, and applicable sentencing provisions. defense attorney: responsible for making certain that the accused understands the nature of the plea bargaining process and the guilty plea judge: generally limit their role to approval or disapproval of the plea agreement victim: do not play a role in the plea negation

At the sentencing hearing, the judge recommends that the defendant be given the opportunity to apologize to the victims and the community and in return will have his jail sentence revoked if he returns the property to its prevandalized state and reimburses his victims for all nonrepairable property. This is an example of:

restoration

What event ended the transportation of prisoners from England to the United States?

revolutionary war

A set of standards that defines parameters for trial judges to follow in their sentencing of offenders is called:

sentencing guidelines

Which of the following states do not use a comprehensive structured sentencing system setting standards for felonies and misdemeanors, intermediate sentencing, community punishments, and the distribution of state funds for correctional programs?

south carolina

If the judge were to sentence Brent to six months in jail and $2,500 in fines, this would be an example of:

specific deterrence

Which concept states that the punishment should be severe enough to convince convicted offenders never to repeat the same offense?

specific deterrence

In which case was the U.S. Supreme Court's interpretation of the Eighth Amendment's provisions on bail set in 1951

stack vs boyle

The ________________ is the nation's highest appellate body and the court of last resort

supreme court

Mr. Crutchfield's bail was set at $250,000, and it was determined that the defendant would pay a percentage of the bond, about 10%, to a bonding agent, who in turn could post the remainder for Mr. Crutchfield. This is referred to as a:

surety bail

Describe the procedures following an arrest, using an imaginary criminal and suspect as your example.

the accused is taken to the police station, the arrestee is usually detained by police until they decide whether a criminal complaint will be filed. the complaint will then request that the defendant be present at an initial hearing, then during arraignment the judge informs the defendant of the charge and ensures that the accused is properly presented by counsel and determines whether he should be released on bail or other form of release. the defendant will then plead guilty or not guilty

Define pretrial services and explain in detail how the process is used in the American court system

they gather information about new arrested defendants and supervise defendants who are released from custody

Laws that provide lengthy terms for any person convicted of three felony offenses are called:

three strikes laws

Diversion is considered after arrest and arraignment but before:

trial

Which type of bail occurs when a defendant is released, without bail, upon their promise to return to court?

unsecured bond

1. If at the sentencing hearing, Mr. Bella's wife is allowed to speak and direct her comments toward her husband's killer this is called a:

victim impact statement

Being a profile case for the city and surrounding area, it is important for the prosecutor and defense to question the jurors to eliminate any bias. This process is called:

voire dire

In historical English law, sheriffs sometimes abused their power, leading Parliament to issued which statute in 1275, which established bailable offenses

westminister

A _______________________ is a judicial order requesting that a person produce the body of the prisoner and give reasons for his or her capture and detention

writ of habeas corpus

Which concept assumes that if a man is convicted of murder and sentenced to life in prison, this act will serve as an example for other people? In other words, people will not want to commit murder out of fear that they may get caught and experience the same punishment.

​General deterrence

On average, about how many people are executed in the United States each year?

10-20

The right to an attorney for those who are unable to afford one was made law by the Supreme Court in 1963; in what year was the law expanded to include any crime, felony, or misdemeanor for which jail/prison time was an option?

1973

How many states have two intermediate appellate courts?

2

Criminal appeals represent about what percentage of the total number of cases processed by the nation's appellate courts?

25%

How many justices must agree that the matter is worth the Supreme Court's hearing it before the case will come before the court?

4

How many days could a federal inmate have deducted from their sentence each year for good time?

54

Under truth-in-sentencing schemes, an offender must serve how much of their sentence before they are eligible for release?

65%

Court delays often hinder the ________________ Amendment's protection of a right to a speedy trial

6th

The Fifth and __________________ Amendments guarantees of due process of law have been judicially interpreted together to require counsel in all types of criminal proceedings.

6th & 14th

Those who challenge the legality of three strikes law do so because they see it as a violation of which Amendment?

8th

Which amendment pertains to bail?

8th

U.S. District Courts are comprised of how many independent courts, which were first organized by the Judicial Act of 1789?

94