Admin Justice Chpt. 8

Question 0

Clerk of the court

Answer 0

Maintains all criminal records, prepares jury pool, issues jury summons, subpoenas witnesses, marks physical evidence for identification, etc.

Question 1

Bailiff

Answer 1

Officer of the court who ensures order, safety, and security. Deputy US Marshalls.

Question 2

Court reporter

Answer 2

Keeps record of everything during trial (stenographer).

Question 3

Sixth amendment

Answer 3

Right of reporters, press, friends, etc to be present during trial is guaranteed. Right to speedy trial impartial jury.

Question 4

Lay witnesses

Answer 4

Generally only testify to facts and do not express opinion on the stand

Question 5

Courtroom work group

Answer 5

Professional courtroom actors, including judges, prosecuting attorneys, defense attorneys, public defenders.

Question 6

Outsiders

Answer 6

Those usually not familiar with courtroom procedure, such as jurors, witnesses, defendants, and victims

Question 7

Judge

Answer 7

Elected or appointed official

Question 8

Federal judges

Answer 8

Nominated by the president and confirmed by the senate

Question 9

State judges

Answer 9

Either popular vote or political appointment

Question 10

Missouri plan for judicial selection

Answer 10

Merit based plan

Question 11

State prosecutors

Answer 11

Elected, serve four year terms, possible reelection. May be quasi-legal advisor to police, has the burden of proving guilt.

Question 12

Prosecutorial discretion

Answer 12

Decision making power of prosecutors based on wide range of choices available to them

Question 13

Court appointed counsel

Answer 13

Sixth amendment guarantees criminal defendants the effective assistance of counsel

Question 14

Assigned counsel

Answer 14

Court appointed defense attorney. Usually drawn from roster of all practicing attorneys within jurisdiction of the trial court. Fees paid at a rate set by the stat or local government

Question 15

Public defenders

Answer 15

Attorneys employed by a government or state agency or sub agency for the purpose of providing defense services to indigents. Primary method used to provide indigent counsel

Question 16

Contractual agreement

Answer 16

Least used form of indigent defense, county and state officials arrange with local criminal lawyers to provide indigent defense on a contractual basis.

Question 17

Trial court administrators

Answer 17

Facilitate smooth functioning of courts, relieve judges of routine and repetitive tasks like record keeping budget management, etc.

Question 18

Subpoena

Answer 18

Written order issued by a judicial officer or grand jury requiring an individual to appear in our order and give testimony

Question 19

Cameras

Answer 19

Are prohibited in all federal district criminal proceedings

Question 20

Adversarial system

Answer 20

Two sided structure under which American criminal trial courts operate that pits the prosecution against the defense

Question 21

Peremptory challenges

Answer 21

The right to challenge a potential juror without disclosing the reason for the challenge

Question 22

Shadow jury

Answer 22

Assess the impact of a defense attorney’s arguments, hired as court observers to sit in the courtroom and listen to both sides.

Question 23

Sequestered jury

Answer 23

A jury that is isolated from the public during the course of a trial and throughout the deliberation process

Question 24

Real evidence

Answer 24

Consists of physical material or traces of physical activity

Question 25

Probative value

Answer 25

The degree to which evidence is useful in proving something important in a trial

Question 26

Harmless error rule

Answer 26

Places the burden of the prosecution to show that the jury’s decision would most likely have been the same even in the absence of the inappropriate evidence

Question 27

Hearsay

Answer 27

Something that is not based on personal knowledge of a witness

Question 28

Hearsay rule

Answer 28

Longstanding precedent that hearsay cannot be used in American courtrooms, based on sixth amendment’s confrontation clause. Exceptions: dying declaration, spontaneous statements, out of court statements

Question 29

Judge’s charge to the jury

Answer 29

May provide summary of evidence presented, about half of all states allow judges to give their own views on the credibility of witnesses and significance of evidence. After this, jury begins deliberations.