Shared Flashcard Set

Details

Criminal Courts
Criminal Courts
101
Law
Undergraduate 3
02/28/2011

Additional Law Flashcards

 


 

Cards

Term
What is the standard of proof in a criminal case?
Definition
Beyond a reasonable doubt
Term
How many Justices are on the supreme Court?
Definition
9 Justices
Term
What is the prosecutors job? Is their job to get a conviction?
Definition
Not their job to get a conviction. It is to seek the ends of Justice
Term
United States has a ________ system of Government. This includes the __________ and ____________.
Definition
Dual System. The State and Federal
Term
When does the system start for a person?
Definition
With an Arrest
Term
Who is the most powerful person in the system?
Definition
Prosecutor (Commonwealth/District Attorney)
Term
Who are the least powerful persons in the CJ system?
Definition
Defense Attorneys
Term
Who makes the Arrest?
Definition
Police Officer
Term
To arrest someone a police officer needs what standard of proof?
Definition
probable cause
Term
Proable cause means?
Definition
That it is reasonable to believe that a person probably did the offense
Term
Reasonable (Articuable) Suspicion is?
Definition
Just a hunch
Term
Is reasonable suspicion a before trial or after trial standard?
Definition
Before trial
Term
Where does the defendant get their rights?
Definition
From Laws (State,Fed, Const)
Term
What is the standard of proof at a criminal trial?
Definition
Beyond a reasonable doubt
Term
The 4th Amendment deals with?
Definition
Pre Arrest
Term
The 5th Amendment deals with?
Definition
post arrest
Term
The 6th Amendment deals with?
Definition
trial sentencing
Term
What are the 3 main components of the system?
Definition
Police, Courts, corrections
Term
What are the 2 classes of crime?
Definition
Misdemeanors, Felonies
Term
What is the maximum punishment for a misdemeanor and where do you go?
Definition
12 months, jail
Term
What is the maximum punishment for a feolony and where do you go?
Definition
1 year or more, penetentry
Term
If you are sentenced to 20 years. Will you be going to a jail or penetentry?
Definition
Penetentry
Term
Most criminal laws comr from the _______?
Definition
States
Term
How does a case get to the supreme court?
Definition
Writ of Certiori
Term
What is an Arraignment?
Definition
what a person is being charged with.
Term
What is the standard of proof at a preliminary hearing?
Definition
Probable cause
Term
Any process that does not adjuicate guilt.innocense is deal with what standard of proof?
Definition
Probable cause
Term
If a case goes to the grand jury what is the amount of votes required for a person to be indicted?
Definition
9 of 10
Term
If a person is indicted this means ___________exists?
Definition
probable cause
Term
How do you become a local prosecutor in VA?
Definition
You are locally elected
Term
What are the 3 types of defense?
Definition
*Retained *Public Defender *Court Appointed
Term
What is a retaine attorney?
Definition
Paid for by individual
Term
What is a public defender?
Definition
employed by the gov't
Term
When does a person get appointed an attorney?
Definition
When they are facing the likelihood of ging to prison or jail.
Term
What is a court appointed attorney?
Definition
Person in private practice who is willing to take cases
Term
What is the profile of most defendents?
Definition
Poor, uneducated, racial minorities
Term
Are judges the most influential people in court system?
Definition
No, prosecutors are
Term
Does VA popularly elect judges?
Definition
No.
Term
Do victims play an important role in the ejudication of guilt or innocence? Whos role is this?
Definition
No. It’s the prosecutors decision
Term
Who are most crimes commited by? People ____ ____ .
Definition
You Know
Term
What does the crime control model prioritize?
Definition
Repression of crime efficiency
Term
What does the crime justice system prioritize?
Definition
Rights of individuals from unfairness.
Term
What are the 2 models of the justice system?
Definition
Crime control model and Crime justice system
Term
Search warrants issued by magistrate are presumed to be?
Definition
constitutional
Term
What does Starry decis mean?
Definition
Let the decision stand
Term
Do people have a reasonable expectation is their trunk or a duffel bag?
Definition
Yes
Term
If you have a hunch crime is afoot what standard of proof do you have?
Definition
reasonable suspicion
Term
Is the standard of proof for a Motion to Suppress beyond a reasonable doubt?
Definition
No
Term
What 2 things are needed for their to be a crime?
Definition
*Actus Rea *mens Rea
Term
Which types of crimes are more likely to go to trial, serious offenses or minor offenses?
Definition
Serious offenses are more likely to go to trial
Term
The Federal system is based on ___________ and is broken up into _____ circuits
Definition
Geography, 11
Term
What amendment says Fed Laws are applicable to the states?
Definition
14th amendment
Term
The circuit courts of appeals are concerned with issues of __________?
Definition
Law
Term
The United States Attorney is appointed by the __________ and serves at the pleasure of the ____________.
Definition
President, president
Term
The ________________ is resonsible for the entire federal system. _________________ is not responsible for the entire federal system
Definition
Chief Justice, Chief judge of supreme court
Term
Who is important during the trial? The defendant or the victim?
Definition
Defendant
Term
Who affects the mood or overall morale at the court?
Definition
People working at the court
Term
Does the prosecutor in a criminal case represent the victim?
Definition
No.
Term
What does the prosecutor do for the victim?
Definition
Prepares victim for trial
Term
Who does the prosecutor represent at the trial?
Definition
The state
Term
What commonly fustrates the victims at trial?
Definition
Frequent Delays
Term
If a police show up at a dispute in VA and someone has a mark what must the police do?
Definition
Bring someone to jail
Term
The 4th Amendment deals with?
Definition
Search and Seizure
Term
To get a case to the supreme court their must be a ________?
Definition
Substantial Federal Question
Term
the crime control model is conservative or liberal?
Definition
conservative
Term
The due process model is conservative or liberal?
Definition
liberal
Term
Does the defense lawyer appear before the grandjury?
Definition
No
Term
What is involved with an Alford Plea?
Definition
Not going to trial and not pleading guilty. Bit enters plea for best interest -> maintains innocence.
Term
What is involved with a no contest plea?
Definition
Defendant not talking
Term
If mens rea and actus rea are missing is their a crime?
Definition
No
Term
What is extradition in the criminal justice system?
Definition
Person is outside of the jurisdiction, so you brign them back to the state for indictment. One state to another.
Term
Do defense lawayers post bail for defendents? What do defense lawyers do for defendents in term for bail?
Definition
No. They do argue bond motions (reducing bond dollars).
Term
What does jurisdiction mean?
Definition
Power to hear a case
Term
What are the systems of Government in the United States
Definition
State and Federal
Term
Where are the most cases heard?
Definition
District courts
Term
What does Trial De Novo mean?
Definition
New Trial
Term
What are the 3 branhcs of government
Definition
Executive, Legislative, Judicial
Term
What is the standard of proof for a civil case?
Definition
preponderance of evidence
Term
What do many victims feel during criminal trials?
Definition
Frustration
Term
What happens when a person gets there case heard at circuit court?
Definition
De Nova
Term
How does a person get there case heard at circuit court?
Definition
They appeal after district court usign a writ. Case his reheard
Term
the crimal justice system feels it is important to do everything they can to ___________the familly
Definition
preserve
Term
What is the defense Attorneys job?
Definition
To zealousy provide defense to the defendant
Term
the state attorney General is elected?
Definition
Popularly state wide
Term
What is involved with horizontal prosecution?
Definition
Younger prosecutor does prelim hearing. Then hands it off to experenced prosecutor for trial.
Term
What is involved with vertical prosecution?
Definition
Younger prosecutor does prelim and trial
Term
Judges used to be______ _______ .It Is now much more diverse and based on ________
Definition
Merits
Term
What are 2 constitutional provison for the right of counsel? When do they take into affect.
Definition
5th amendment pre tiral, 6th amendment trial
Term
__________ is responsible in determining if probable cause to indict.
Definition
Grand Jury
Term
Motion to Suppress deals with what amendments?
Definition
4th and 5th amendments
Term
What are the 3 different types of Pleas?
Definition
-not guilty
-no contest
-Alford Plea(Hybrid)
Term
On the Federal side who nominates the United States Attorney? When does their term end?
Definition
-President
-Lose job when president leaves or president no longer wants em.
Term
On the state side how does the commonwealth attorney(Prosecutor)get their job? How long the term?
Definition
-locally elected
-4 Yr term
Term
The federal system how does a U.S district Judge get their job? How long is their appointment?
Definition
-Nominated by president
-Lifetime Appointment
Term
In the Federal system how does a U.S. Circuit court judge get their job? How long is their appointment?
Definition
-President nominated
-lifetime
Term
In the federal system how a U.S. supreme court judge get their job? How long is the appointment?
Definition
-Nominated by POTUS
-Lifetime Appointment
Term
In the state system how do VA General District court judges get their job? How logn is their appointment
Definition
-Hybrid method of getting job. nominations of sorts
-6 yrs
Term
In the state system how do Circuit Court Judges get their job? How long is their appointment?
Definition
-Hybrid nomination of sorts
-8 yr appointment
Term
In the state system how do VA Supreme Court Justices get their job? How long is their appointment
Definition
-hybrid method
-12 year appointments
Term
The Missouri Bar plan is all about ______
Definition
Merit
Term
The extent of due process is based on the __________of the charge
Definition
severity
Supporting users have an ad free experience!