Term
| Name 3 things about the Lower Courts in the state system. |
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Definition
-they handle misdemeanors and minors civil complaints
-there are 14,000 lower courts in the U.S
-they are restricted in the criminal penalties they can impose |
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Term
| What is another name for the lower courts? |
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Definition
Courts of Limited Jurisdiction
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Term
What is the name of the lower courts in Seatle?
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Definition
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Term
| How recent are the speciality courts? |
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Definition
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Term
| Name 3 types of cases the Specialty Courts handle. |
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Definition
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Term
| What is the courts after the lower courts in the state system? |
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Definition
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Term
| What are 2 things about the Felony Court? |
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Definition
-they try felony offense and more serious civil matters
-there is 3,00 felony courts in the U.S |
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Term
| What are the courts called above the felony courts? |
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Definition
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Term
| How does a case go to the state appeals court? |
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Definition
| If procedures used in the case violated citizen's constitutional rights |
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Term
| What are the 3 outcomes of the state appeals court decision? |
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Definition
A new trial
Allow defendant to go free
Uphold original verdict |
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Term
| What is another name for the state appeals court? |
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Definition
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Term
| What is a Superior Court? |
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Definition
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Term
| What is an offshoot of felony court? |
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Definition
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Term
| State Court of Last Resort is also known as? |
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Definition
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Term
| What are the 3 courts in the Federal Court Structure? |
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Definition
The United States Supreme Court
United States Court of Appeal
United States District Courts |
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Term
| What does the Court of Last Resort usually do? |
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Definition
| Primarily reviews decisions made by previous courts and avoids retrial |
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Term
| How many cases are appealed to the Court of Last Resort each year? |
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Definition
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Term
| About how many district courts do each state have? |
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Definition
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Term
| Name 3 examples the district courts would handle? |
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Definition
| Fraud, kidnapping, violations on federal land |
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Term
| In the District courts are the trials usually by judge or by Jury? |
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Definition
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Term
| What is another name for the United States Courts of Appeal? |
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Definition
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Term
| Name two examples of what would lead to a case going to the Courts of Appeal. |
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Definition
Incompetent Attorney
Violation of rights |
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Term
| What does the U.S. Circuit Court do? |
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Definition
| Reviews cases from lower court |
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Term
| How many cases are appealed in a year to the United States Supreme Court? |
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Definition
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Term
| How many cases are heard by the United States Supreme Court out of those appealed? |
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Definition
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Term
| What is another name for the United States Supreme Court? |
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Definition
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Term
| What is the writ of certiorari? |
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Definition
| Means that the Supreme Court gets all the transcripts from all the courts and reviews them. |
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Term
| How many cases do the court systems handle every year? |
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Definition
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Term
| Why do prosecutors sometimes not take cases? |
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Definition
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Term
| What Amendment does not allow excessive bail? |
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Definition
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Term
| What Amendment allows someone to have a lawyer even though they can't afford one. |
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Definition
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Term
| "The accused shall enjoy the right to confront thier accusers" comes from what Amendment? |
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Definition
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Term
| What landmark case made it possible for people to have an attorney for felonies? |
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Definition
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Term
| What was the significance of Santa Bello vs. New York? |
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Definition
| The promise of the prosecutor must be kept. |
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Term
| What case allowed for the right of being eligable for receiving a jury and trial regardless of whether or not it was a felony or misdemeanor if facing jail time for more than 6 months? |
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Definition
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Term
| What case determined that the death penalty violated the 8th Amendment because it was cruel and unusual punishment? And what year was it |
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Definition
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Term
| How many states have the death penalty? |
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Definition
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Term
| What is the primary way of execution? |
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Definition
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Term
| How many people plea guilty? |
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Definition
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Term
| What was the consequence of California reducing plea negotiations for drunk driving? |
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Definition
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Term
| In 2009 what state had the 2nd largest amount of executions? |
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Definition
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Term
| What state has the largest amount of people on Death Row? |
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Definition
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Term
| How many death row offenders are there in the US? |
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Definition
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Term
| How many women are on death row in the US? |
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Definition
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Term
| Who recieved a mistrial then 22yr conviction? |
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Definition
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Term
| What is the Magna Carta consist of? |
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Definition
| No free man can be seized or imprisoned unless he has been judged by his peers |
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Term
| What is the alternative to grandy jury? |
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Definition
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Term
| What is the contract system? |
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Definition
| Attorney agrees to handle a certain amount of cases |
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Term
| What does it mean when no bill is passed? |
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Definition
| Grand Jury fails to find probable quiz |
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Term
| How much does the court system spend each year? |
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Definition
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Term
| Name 4 causes of congestion and give explantions and/or examples of each. |
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Definition
-Excessive number of continuances
-Pretrial motions (Blocking pieces of evidence)
-Mandatory sentencing (Forces court to take course)
-Increases in civil litigations (People suing just to sue) |
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Term
| Name 3 solutions for Congestion |
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Definition
-Better court management
-Mandate speedy trials
-More judges and courts |
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Term
| What is the official defintion of a Judge? |
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Definition
| The Senior officer in a court of criminal law |
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Term
What are the duties of a Judge?
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Definition
-Sets rules on the appriopriateness of conduct
-Settles questions of evidence and procedure
-Guides questioning of witnesses
-Instructs jurors as to what evidence they must consider when reaching a verdict
-Determine sentence for defendant found guilty |
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Term
| True or false a judge has influence over other agencies (ex. probation) |
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Definition
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Term
| True or false Judges can over turn decisions? |
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Definition
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Term
| True or false. There is a set national standard to qualify as a judge. |
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Definition
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Term
| What are the typical qualifications of a Judge? |
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Definition
-Resident of the state
-Licensed to practice law
-Member of the state bar
- 25 years or older
-Less than 70 yrs old |
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Term
| True or false. A municiple or town judge must be an attorney prior to being a judge. |
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Definition
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Term
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Definition
| A public official who presents the goverment's case against a person accused of a crime. |
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Term
| What is adversary process? |
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Definition
Prosecutors having worked with defense.
Everyone kind've knows each other. |
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Term
| What are the duties of a prosecutor? |
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Definition
Find evidence
Interview witnesses
Look at police reports |
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Term
| What is one of the main focuses contemporary prosecutors focus on in the 21st Century? |
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Definition
|
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Term
| What are the types of prosecutors? |
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Definition
Attorney General
District Attorney |
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Term
| What is the attorney general? |
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Definition
| Chief legal officer and prosecutor of each state and the U.S also the head of the U.S Department of Justice and is a cabinet member. |
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Term
| What is the district attorney? |
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Definition
| County prosecutor who is charged with bringing offenders to justice and enforcing the criminal laws of the state. |
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Term
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Definition
| United States Attorney General |
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Term
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Definition
|
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Term
| What relationship does the prosecutor have to law enforcement? |
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Definition
-Looking at police investigation reports
-Providing legal advice to police
-Trains police personnel |
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Term
| What are some system factors that influence prosecutorial discretion? |
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Definition
- loop holes within the system
-judges influencing career of lawyers
-case loads
-pursuit of major crimes vs. minor
-time issues
-no chance of winning
-corruption |
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Term
| What are Case factors that influence prosecutoral discretion? |
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Definition
-biased towards person being convicted/defendant
-political influence
-who the offender is (maybe a repeating offender or violent offender)
-evidence (perhaps questionable)
-police report is not good
-victim and offender relationship
-cost
-public saftey concern to get individual off the street
-alternatives besides prosection
-victim or offender might be a big gang lord
-reputation of victim or offender at stake |
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Term
| What is a defense attorney? |
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Definition
| Legal counsel for the defendant in a criminal case |
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Term
| What are the roles of a defense attorney? |
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Definition
| Trying to research, investigate, question, re-evaluate witnesses and evidence. |
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Term
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Definition
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Term
| What are ethical issues a Defense Attorney faces? |
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Definition
-Cannot ask certain questions
-Cannot allow client to speak if client is going to admit crime |
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Term
| What was the significance of Argersinger v. Hamlin? And what year was it? |
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Definition
Allowed the right to counsel to both fellonies and misdemeanors. But only if the sentence was 6 months or more.
1972 |
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Term
| How many offenders are given free legal services? |
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Definition
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Term
| Nationally how much does it cost to provide free legal services to offenders? |
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Definition
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Term
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Definition
| The policy in which states require offenders to pay a portion of costs or all of it for legal services. |
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Term
| What are the 4 defender systems? |
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Definition
-Public Defender System
-Assigned Counsel System
-Contract System
-Mixed System |
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Term
| What type of defender system is tax funded? |
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Definition
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Term
| What system chooses the defender for a criminal? |
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Definition
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Term
| What are problems with the Assigned Counsel System? |
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Definition
-People can pick criminals a bad attorney
-Law firms might get more cases than others |
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Term
The Assigned Counsel System is usually found in?
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Definition
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Term
| What is a Contract System? |
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Definition
| A system in which law firms bid for cases in terms of how many cases a law firm can take and for how much money. |
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Term
| What is a mixed system and why would it be used? |
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Definition
A combonation of assigned, contract, and public defender systems.
Probably used in high case load juristictions.
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Term
| What is the defintion of a competent defender? |
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Definition
| Must be artiulate, awake, familiar with precedence, have knowledge of rules of evidence, and be familiar with case. |
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Term
| What are the procedures following an arrest for a misdemeanor? |
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Definition
| Suspect is detained until a criminal complaint is filed. |
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Term
| What does a complaint request? |
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Definition
| Requests that the defendant be present at an initial hearing or arraignment. |
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Term
| What are procedures following an arrest for a felony? |
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Definition
| Requires an indictment by a grand jury or an infomation issued by a lower court for formal charging. |
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Term
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Definition
| Written accusation given by a grand jury setting out the crime. |
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Term
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Definition
| A group of citizens chosen to hear testimony in secret to determine if evidence exits for an indictment. |
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Term
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Definition
| Written accusation by a prosecutor setting the charges. It is brought before a preliminary hearing/probable cause hearing. |
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Term
| What is meant by a true bill and a no bill? |
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Definition
True bill is a decision made by a grand jury issuing inditement.
No bill is a decision made by a grand jury issuing no inditement. |
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Term
| What are the 3 types of pleas? Explain each. |
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Definition
Guilty: Well you did it.
Not Guilty: You didnt do it
Nolo contendere (no contest): Admitting no guilt but aknowledging prosecution has enough evidence to prove guilt. |
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Term
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Definition
| A promise that a criminal will re-appear in court. No time in jail necessary. |
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Term
| True or false the 6th amendment grants a right to bail. |
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Definition
| False there is no right to bail |
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Term
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Definition
| Agreeing to, someone else other than the criminal, paying for 10% of the bail but usually with extra charge. |
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Term
| What are some problems with bail? |
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Definition
-People can't afford bail
-Some people might have the disadvantage of staying in jail for 60 months and cannot contact a lawyer as easily. |
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Term
| What led to ROR? What is ROR? |
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Definition
| ROR is release on recognition. Which means that an offender is released based on verified information. The Manhattan Bail Project (1961), a bail reform effort, determined this was most effective. |
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Term
| What percent of minor offenders with residential and occupational stability skipped thier trials on ROR? |
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Definition
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Term
| How many people do not show up with ROR? |
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Definition
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Term
| How many convictions are based on plea bargins? |
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Definition
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Term
| What are some examples of plea bargining? |
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Definition
-Charges reduced to a lesser offense.
-Reduction of Number of Counts
-Promise to recommend a lenient sentence
-Charge changed from a negative label to a more socially acceptable one |
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Term
| What are the pros of plea bargaining? |
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Definition
-Faster convictions, clearer system
-Cheaper
-Swifter closure for victim's family
-Catches bigger fish |
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Term
|
Definition
-Allows for serious offenders to be let off easy
-Sentencing disparity
-Coerision
-Waiving constitutional right to trial
-Public saftey concern |
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Term
| What is the significance of Santobello vs. New York (1971)? |
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Definition
| It established that prosecutors must honor plea bargins. |
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Term
| What case established that defendants must honor a plea bargin agreement? |
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Definition
| Ricketts vs. Adamson (1987) |
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Term
| True or false plea bargins must abide by state and federal standards. |
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Definition
| False, there is a lack in guidelines and are usually largely informal. |
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Term
| What is the role of a prosecutor when plea barganing? |
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Definition
| Looking up the background of the people involved and the case itself. |
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Term
| What is the role of the defense attorney in a plea barganing? |
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Definition
| Makes sure client understands what is going on. |
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Term
| What is the role of a judge in a plea bargan? |
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Definition
| Makes sure everything is done with right procedures. |
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Term
| Role of victim in a plea barganing? |
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Definition
| Option to agree or not agree to a plea bargan. |
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Term
| What are some of the effects of abolishing or limiting the plea bargan? |
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Definition
-Increased number of trials
-Increased sentence severity in minor cases
-Rates of conviction decreased
-Court congestion increased
-Sentence disparity increased |
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Term
| What is the size of a Jury |
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Definition
| 12 (some exceptoins like florida) |
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Term
| Right to a trial by jury was established by what two cases? |
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Definition
Duncan vs Louisiana (1968)
Baldwin vs. New York (1970) |
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Term
| What led to the right of a speedy trial? |
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Definition
| Doggett vs. United States (1992) |
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Term
| If you have a drivers license or is a registered voter you are eligable for Jury duty. True or false? |
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Definition
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Term
| True or false, in most states there are standards to meet in order to be a Juror. |
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Definition
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|
Term
|
Definition
| The lis of jurors called forjury duty from which jury panels are chosen. |
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Term
| What goals do criminal sacntions in the U.S. have? |
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Definition
-Retribution
-Deterrence
-Incapacitation
-Rehabilitation |
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Term
|
Definition
| Refers to punishment inflicted on one who deserves to be punished? |
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Term
| What does deterrence refer to? |
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Definition
| General and specific dterrence |
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Term
|
Definition
| Refers to preventing the offender from commintign a crime while in custody. |
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Term
| What is selective incapacitation? |
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Definition
| Incapacitation that targets certain groups |
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Term
| What are some critisims of incapacitation? |
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Definition
-Makes people more violent
-Costly about $25,000
-Crime still happens |
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Term
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Definition
| Restoring a convicted offender to a constructive place in society. |
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Term
| What is a concurent sentence? |
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Definition
| Serving all charges at once |
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Term
| What is consecutive sentencing? Give an example. |
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Definition
Serving each charge one at a time
Multiple Life Sentences |
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Term
| What is a dterminate sentence? |
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Definition
| A sentence set for a fixed period of time. |
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Term
| What is interdeterminate sentencing? |
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Definition
| A sentence with a range of time. |
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Term
| What is a mandatory minimum sentence? |
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Definition
| A certain amount of time minimum that someone must serve. |
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Term
| What are the sentencing disparities? |
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Definition
Some people have biases
Men are more likely to be sentenced than women
Women have longer sentences
Young people get it easier |
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Term
| What are past and contemporary methods of execution? |
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Definition
Electric Chair
Lethal Injection
Gas Chamber
Hanging
Firing Squad |
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Term
| What case changed the legal age for the death penalty to 18 years? What year did this case establish this? |
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Definition
|
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Term
| What are the pros to the Death Penalty? |
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Definition
Deterence
Retribution
Some people are not safe to be alive |
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Term
| What are the cons to the death penalty |
|
Definition
Expensive
Innocent people getting killed
Morality
Psycologically brutal
Brutalization effect |
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|
Term
| What is the Bruttalization effect? |
|
Definition
| Refers to the increase in homocides where there is a death sentence. |
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Term
| What allowed for the reinstatement of the death penalty? |
|
Definition
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