Term
| the abstract goals of the court are |
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Definition
| fair and equitable trial, justice for the victims, solutions that benefit the victim, defendant, and society, and maintaining and open and impartial forum |
|
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Term
| the reality of the american courts is that they |
|
Definition
| have incredibly overloaded dockets |
|
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Term
| what are the problems with having an overloaded docket? |
|
Definition
| likely to loose intended adversarial nature |
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Term
| attempts to streamline the american courts have been said to |
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Definition
| push assembly line justice, coerce people to accept plea bargains, and settle cases as quickly as possible |
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Term
| in reality ______of felonies go to trial |
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Definition
|
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Term
| the different jurisdictional levels in the state courts are |
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Definition
| limited jurisdiction, general jurisdiction, and appellate courts |
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Term
| the jurisdictional levels in the federal court is |
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Definition
| District Court, US Court Of Appeals, US Supreme Court |
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Term
| the US Court of Appeals is also called the |
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Definition
|
|
Term
| limited jurisdiction courts are caled |
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Definition
|
|
Term
| there are ________ limited jurisdiction, and courts organized at_________ |
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Definition
| 13,500; city, town, and county level |
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Term
| an example of a lower court is |
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Definition
|
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Term
| limited jurisdiction courts are severely limited in |
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Definition
|
|
Term
| limited jurisdiction courts may also conduct |
|
Definition
| preliminary hearings for felony cases |
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Term
| State courts are also called |
|
Definition
| felony, superior, or circuit courts |
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Term
| general jurisdiction courts are located in each |
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Definition
|
|
Term
| ______felony cases are heard in american general jurisdiction courts a year |
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Definition
|
|
Term
| general jurisdiction courts handle________ and is the highest__________ |
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Definition
| civil matters over 10,000 and felonies; trial level in the state |
|
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Term
| general jurisdiction courts hear appeals of the limited jurisdiction courts and can: |
|
Definition
| review the transcript and decide to uphold the finding, revise the finding, or order a new trial |
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Term
|
Definition
|
|
Term
| Indiana appellate court has _______ |
|
Definition
| 1 African American and 4 Caucasian male members |
|
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Term
| state appellate courts are also called |
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Definition
|
|
Term
| the state appellate courts hear |
|
Definition
| appeals from general jurisdiction courts, and all those cases from limited jurisdiction courts who are believed to have grounds for further appeal but were denied an appeal at the general jurisdiction level |
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|
Term
| the state supreme court never |
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Definition
|
|
Term
| there is at least 1 _____________________in each state |
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Definition
|
|
Term
| state appellate courts review _______involved in trials at the limited or general jurisdiction levels |
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Definition
|
|
Term
| examples of how a defendant might feel their rights were violated |
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Definition
| procedures used were a violation of constitutional rights, they were denied due process or equal protection under the law, judicial error |
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Term
| criminal appeals are typically limited to |
|
Definition
| conviction at trial, guilty plea conviction, sentencing |
|
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Term
| the legal basis for the federal court system was established in |
|
Definition
| Article 3, Section 1 of the Constitution |
|
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Term
| the jurisdiction of the federal courts is |
|
Definition
| all laws of US, disputes between 2 states, and disputes between people living in 2 states |
|
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Term
| Congress established the district courts with the______________ |
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Definition
|
|
Term
| the district courts are the _____________of the federal system |
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Definition
|
|
Term
| there are _______ district courts throughout the US with ______ in each state |
|
Definition
|
|
Term
|
Definition
| violations of federal law, federal criminal and civil law, citizenship and alien rights, and civil rights violations |
|
|
Term
| Indiana is in the ______of the US Court of Appeals |
|
Definition
|
|
Term
| there are___circuit court of appeals located in______ |
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Definition
|
|
Term
| US Court of Appeals hears about _________ a year |
|
Definition
|
|
Term
| US Court of Appeals reviews cases from |
|
Definition
| federal district courts and state appellate courts |
|
|
Term
| in order to be hear at the US Court of Appeals there must have been a problem with_____________ |
|
Definition
| procedure or substantive issues involving rights guaranteed by the Constitution |
|
|
Term
| the US Supreme court is the |
|
Definition
| ultimate court of last resort |
|
|
Term
| jurisdiction for the US Supreme Court is in |
|
Definition
| the constitution and Martin v. Hunter's Lessee |
|
|
Term
| Martin vs. Hunter's Lessee was when the Supreme Court __________over state court decisions if those decisions dealt with _______________ |
|
Definition
| reaffirmed jurisdiction; federal law, states' rights, constitutional issues |
|
|
Term
| there are _____ members in the US Supreme Court. _____justices and 1_______ |
|
Definition
|
|
Term
|
Definition
|
|
Term
| US Supreme Court judges are appointed by ___________ and approved by ______ |
|
Definition
|
|
Term
| _________appeals are submitted to the Supreme Court each year |
|
Definition
|
|
Term
| the Supreme Court hears _____ cases a year |
|
Definition
|
|
Term
| _____cases receive full opinion from the Supreme Court |
|
Definition
|
|
Term
| The US Supreme Court has ________ to entertain an ____________ |
|
Definition
|
|
Term
| The first step in an appeal at the Supreme Court level is when a_____________ |
|
Definition
|
|
Term
| In the Supreme Court, after a petition is filed and the court decides to go forward the court grants a _____________ also called a _________ |
|
Definition
| Writ of Certiorari ; information document |
|
|
Term
| request for transcript from the inferior courts is called a |
|
Definition
|
|
Term
| A minimum of ______ votes are required in the initial vote after which written briefs and oral arguments are offered |
|
Definition
|
|
Term
| In the Supreme Court, after the written briefs and oral arguments are heard there is a ___________and the justices vote |
|
Definition
|
|
Term
| After the case conference the ____________ is rendered or given |
|
Definition
|
|
Term
| A case gets heard in the Supreme Court if it has |
|
Definition
| grave and serious consequences for the nation |
|
|
Term
| There are approximately ________ judges in the United States |
|
Definition
|
|
Term
| The duties of the judge include the following seven things: |
|
Definition
| rule on conduct in court, rule on evidence, procedure, maintain courtroom, oversee jury selection, oversee questioning, bench trial |
|
|
Term
| Judges typically have the following qualifications |
|
Definition
| legal resident of the state, licensed to practice law, member of the bar in good standing, 25-70 years old at appt. |
|
|
Term
| state judges are appointed by the _______ or elected through a ___________ or through the ____________ plan |
|
Definition
| governor, popular election, Missouri |
|
|
Term
| In the Missouri Plan, the _________________ comes up with the slate, an elected official chooses one and there are subsequent elections for __________ |
|
Definition
| judicial nominating committee ;retention |
|
|
Term
| name the four types of prosecutors from smallest to largest jurisdiction |
|
Definition
| district attorney, state attorney general, US Attorneys, US Attorney General |
|
|
Term
| Our District Attorney is ______ and he was ________ |
|
Definition
|
|
Term
| Our state attorney general is _____ and he was ______ |
|
Definition
|
|
Term
| US Attorneys receive their jobs through ______________ |
|
Definition
|
|
Term
| The US Attorney General is _____________ |
|
Definition
|
|
Term
| The responsibilities of a prosecutor include |
|
Definition
| enforcing the law, representing government, maintaining proper standards, being a spokesperson of the CJ system |
|
|
Term
| Prosecutors have the following duties: |
|
Definition
| file charges, investigate, aid police, work with witnesses, review subpoenas, review warrants, offer plea bargains |
|
|
Term
| an example of a special prosecutorial unit is |
|
Definition
| major felonies OR domestic violence OR organized crime... |
|
|
Term
| Concealing or misrepresenting evidence, influencing the jury improperly, impugning witness testimony, or referring to tainted evidence are types of___________ |
|
Definition
|
|
Term
| prosecutorial conduct is __________ punished |
|
Definition
|
|
Term
| what amendment provides a constitutional guarantee to counsel? |
|
Definition
|
|
Term
| defense attorneys must provide ___________ |
|
Definition
| the best defense possible |
|
|
Term
| Defense attorney's must: maintain____________; advise clients of their __________; inform of ____________; inform of right to trial; and inform of all ____________ |
|
Definition
| attorney client privilege, constitutional rights, protection against self-incrimination, plea negotiations |
|
|
Term
|
Definition
| 1963 ; charged with felony, denied counsel, convicted; appealed to FL SC but denied |
|
|
Term
| Gideon filed a ___________ appeal to the US SC and the US SC issued a _____________ and _________the previous lower courts rulings in favor of ______ |
|
Definition
| in forma pauperis; writ of certiorari, overturned; Gideon |
|
|
Term
| the Rule of Law that resulted in Gideon vs. Wainwright |
|
Definition
| right to counsel in criminal felony cases is fundamental and fair and as such is applicable to the states by the 14th amendement |
|
|
Term
|
Definition
| 1972; USSC ruled that the right to counsel extended to all criminal cases where the penalty includes possible imprisonment |
|
|
Term
| the right to counsel applies to |
|
Definition
| deferred sentencing, first direct appeal, and juvenile and mental health hearings |
|
|
Term
| the right to counsel does not extend to |
|
Definition
| preindictment lineups; booking procedures; grand jury investigations; appellate review board beyond the first round |
|
|
Term
| the first public defender program was in |
|
Definition
|
|
Term
| when an attorney is appointed from a court appointed list we call that |
|
Definition
|
|
Term
| the 4 major delivery systems of indigent defense are |
|
Definition
| public defender programs, assigned counsel, contract attorney system, mixed system |
|
|
Term
| ___% of state and ____% of local prisoners claim that they relied on publicly provided legal counsel |
|
Definition
|
|
Term
| indigent defense costs well over _________ annually |
|
Definition
|
|
Term
| the steps involved in the booking procedures are |
|
Definition
| listing of possible charges, finger print and mug shots, records search and possible pre-indictment line-up |
|
|
Term
| in the case of misdemeanor the procedure would be |
|
Definition
| ROR and a criminal complaint is filed; accused attends an arraignment or initial hearing, then either a guilty plea is entered, the case is dismissed or a trial date is set |
|
|
Term
| in the case of felony procedures |
|
Definition
| pc is established in grand jury and a bill of indictment or true bill is filed then there is a formal arraignment |
|
|
Term
| in a preliminary hearing if PC is established then a ____ is filed by the ____ |
|
Definition
|
|
Term
| the three types of pleas are |
|
Definition
| guilty, not guilty, and no contest |
|
|
Term
|
Definition
| money or other surety provided to court to ensure reappearance |
|
|
Term
| the 8th amendment does NOT ____ |
|
Definition
| ensure the option of bail |
|
|
Term
| _____ of defendants make bail |
|
Definition
|
|
Term
| ____ of those who are offered bail fail it |
|
Definition
|
|
Term
| of the _____ who did not make bail_____% were denied bail |
|
Definition
|
|
Term
| the three functions of pretrial services are to |
|
Definition
| improve release or detention decision; identify those for whom alternatives to incarceration are appropriate; monitor pretrial nondetainees |
|
|
Term
| the release criteria include these 6 concepts: |
|
Definition
| ties to the community, seriousness of the offense, prior criminal justice involvement, flight risk, drugs and alcohol involvement, danger to community or to self |
|
|
Term
| the four types of release options are as follows: |
|
Definition
| condition release, supervised release, 3rd party release, and ROR |
|
|
Term
| what three things did the Bail Reform Act of 1984 accomplish? |
|
Definition
| mandated that no one should be held in pretrial detention just because they cannot afford bail, formalized preventative detention provision, required community safety and risk of flight to be considered |
|
|
Term
| preventative detention is the practice of |
|
Definition
| detaining (w/out bail) serious.dangerous defendants before trial to protect themselves and community |
|
|
Term
| problems with preventative detention include: |
|
Definition
| holding people who have not been convicted, and it is based on the concept of prediction |
|
|
Term
|
Definition
| 1984; preventative detention for juveniles |
|
|
Term
|
Definition
| 1987; upheld preventative detention provision of 1984 bail reform act |
|
|
Term
| the grand jury came from ______ referred to in the ______(English document) written in _____ (year) |
|
Definition
| English Common Law; Magna Carta; 1215 |
|
|
Term
| Indiana uses ________ for the indictment process |
|
Definition
| both preliminary(initial) hearings and Grand Juries |
|
|
Term
| the grand jury is supposed to do the following four things |
|
Definition
| be an investigative body, offer a presentment, be accusatory in nature, decide if PC exists enough to go forward |
|
|
Term
|
Definition
|
|
Term
| if PC is found by the Grand Jury then a_______ or________ is filed |
|
Definition
| true bill, bill of indictment |
|
|
Term
| The grand jury meets at the request of the _____ |
|
Definition
|
|
Term
| meetings of the grand jury are ______ and secret |
|
Definition
|
|
Term
| the accused is not allowed to attend the grand jury unless__________; in fact he or she ______________ |
|
Definition
| they are called as a witness; may not even know they are being investigated |
|
|
Term
| If the accused is present at the Grand Jury they cannot____________ |
|
Definition
| have an attorney present at the proceedings |
|
|
Term
| the _____________ is used in about half of all states as an alternative to the Grand Jury |
|
Definition
|
|
Term
| the first step in the procedure in a preliminary hearing is |
|
Definition
| prosecutor files a charging document |
|
|
Term
| a preliminary hearing is conducted by |
|
Definition
| a magistrate or inferior court judge |
|
|
Term
| preliminary hearings are ____ to the public |
|
Definition
|
|
Term
| what people are involved in the preliminary hearing |
|
Definition
| the accused, their attorney maybe, prosecutor, judge |
|
|
Term
| how many people serve in the grand jury |
|
Definition
|
|
Term
| if the judge decides that PC exists in the preliminary hearing then |
|
Definition
| within 15 days an information must be filed in superior court |
|
|
Term
| arraignment happens ______ indictment |
|
Definition
|
|
Term
|
Definition
| the judge reads the formal charges, counsel is appointed, and a plea is entered |
|
|
Term
| ____% of felony cases plea guilty |
|
Definition
|
|
Term
| a guilty plea means you forfeit your right to |
|
Definition
| crossexamine witnesses, right to trial, right to a standard of proof |
|
|
Term
| a judge must follow judicial procedure when accepting a guilty plea by |
|
Definition
| informing the defendant of possible sentences; making sure the plea is voluntary and intelligible |
|
|
Term
| after a guilty plea is entered then a ____ is set immediately |
|
Definition
|
|
Term
| a plea of not guilty must be verbally stated in open court by __________ |
|
Definition
| defendant or counsel or not said at all |
|
|
Term
| after a plea of not guilty is filed a ______ is set |
|
Definition
|
|
Term
| after a plea of not guilty ____ may be reconsidered |
|
Definition
|
|
Term
| no contest is also known as |
|
Definition
|
|
Term
| plea bargaining is defined as |
|
Definition
| an exchange of prosecutorial and judicial concessions for a guilty plea |
|
|
Term
| _______________ is the cornerstone of the informal criminal justice system |
|
Definition
|
|
Term
| the three types of bargains include |
|
Definition
| reduction in the number of charges, reduction in the severity of charges, reduction in the severity of sentence |
|
|
Term
| North Carolina vs. Alford |
|
Definition
| 1970; defendant can plead guilty to gain a more lenient sentence and maintain their innocence |
|
|
Term
|
Definition
| 1971; prosecutor must keep their promise or the conviction can be reversed on appeal |
|
|
Term
|
Definition
| defendant must keep up their side of the bargain or the plea is null and void |
|
|
Term
| _______ are some possible factors considered in plea bargaining |
|
Definition
| attitude of victim or victim's family, seriousness of current offense, prior record, defendant's age, type and strength of evidence, resources of the prosecutor's office |
|
|
Term
| in plea bargaining, the prosecutor |
|
Definition
| decides terms and conditions of pleas |
|
|
Term
| in plea bargaining, the defense attorney |
|
Definition
| acts in an advisory role, discloses all pleas, reminds defendant of constitutional rights |
|
|
Term
| the _____ should have no role in plea bargaining |
|
Definition
|
|
Term
| in plea bargaining, the defendant must |
|
Definition
| give the plea voluntarily |
|
|
Term
| in plea bargaining, the victim |
|
Definition
| may be an important player |
|
|
Term
| pretrial diversion is defined as |
|
Definition
| non criminal alternatives to adjudication |
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|
