Chapter 9- Trial Courts Flashcards

(56 cards)

1
Q

Courtroom Working Groups

A

The major participants are the prosecutors, defense attorneys, and judges who decide which defendants will be released on bail; what guilty pleas will be accepted; and, most importantly, what sentences will be imposed on the guilty

*represents on-going relationships
(PDJGS)

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2
Q

The hallmark of work group is __________

A

regularity of behavior

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3
Q

Plea Bargains

A

process through which defendant pleads guilty to criminal charge with expectation of receiving some consideration from the state

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4
Q

3 types of plea bargains:

A

sentencing, charging, and count bargaining

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5
Q

Sentencing Bargaining

A

defendant pleads guilty on basis of the promise of a specific sentences (lesser); most common form of plea bargaining

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6
Q

Charge Bargaining

A

defendant pleads guilty to a less serious charge than one originally specified

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7
Q

Count Bargaining

A

defendant pleads guilty to one criminal charge, and prosecutor dismisses all other pending charges

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8
Q

How cases end (3)

A
  1. police pick up/let go
  2. prosecutor ends the case—nolle prosequi
  3. Judges dismiss the case
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9
Q

In plea bargains…. the deal starts with one __________and then the actions of the defense attorney will be ___________

A

prosecutor, reactive

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10
Q

nolo contendre

A

“I will not contest it”

  • usually entered when civil proceedings are likely
  • plea of guilty cannot be admission of guilt in a civil trial
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11
Q

Prison Litigation Reform Act

A

terminated federal court supervision of state prisons

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12
Q

parole

A

conditional release from prison after portion of sentence has been served

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13
Q

Probation

A
  • less expensive than imprisonment

- designed to maintain control over offenders while permitting them to live in community under supervision

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14
Q

Principle Agent Relationships

A

is any relationship where one actor has decision-making authority, but employs a second actor to implement/represent their interests

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15
Q

Principle Agent Theory (PAT)

A

There are conditions under which an agent (attorney) will actively work against the wishes of the principles.

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16
Q

One condition of PAT

A
  1. Repeat Players
    - we know them and can predict their behavior
    - defendants voice is left out because all of the other players have been there before
    - Judge might think its a stupid case so attorney says to take a plea bargain
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17
Q

Imprisonment vs. Jail

A

Imprisonment- long term/post-trial sentence

Jail: short-term/normally pre-trial

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18
Q

Job of a Judge during a plea bargain

A

mitigator of the plea bargain…. difficult job because there are many pressures

  1. resource problems
  2. $$$
  3. Docket
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19
Q

Good job

A

days off their prison times for good behavior

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20
Q

Fines

A

Many trial courts of general jurisdiction depend quite heavily on fines, alone or as the principal component in combination with another sanction (probation, for example),in sentencing criminal defendants for a wide variety of offenses, including some generally considered serious

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21
Q

Pre-sentence Investigation

A

a recommendation for an appropriate sentence made by probate officer

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22
Q

The more serious the crime, the less one will be granted __

A

probation

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23
Q

Defendant Focus Factors
3- from the textbook
4 from class discussions
(RCSMPQ$)

A
  • records
  • circumstance
  • how serious the case is
  • media pressure
  • repeat players
  • policy questions
  • $$
24
Q

pro-contest plea

A

I plea guilty but I really don’t feel like I’m guilty

25
Sentencing discrimination
1) race
26
Sentencing disparities
looked at the characteristics of the defendant + the attributes of the sentencing process
27
Geography of Justice
variations in sentencing patterns in different judicial districts within same political jurisdiction *urban areas use more probation and shorter sentences then rural areas*
28
One way courts have tried to fix crime rates is by being harsher about sentencing, which ____________
is based on how severe the crime is
29
More severe penalties have caused___________
over crowding
30
Mandatory sentencing guidelines
- used in a few states - legislature delegates authority for developing sentence criteria to sentencing commission - adopted guidelines must be followed by sentencing judges
31
voluntary sentencing
- recommended sentencing ranges by analyzing sanctions that judges in jurisdiction have usually imposed in past - only advisory; do not have to be followed by other judges in future
32
Federal Sentencing Guidelines
- have become more visible and controversial than state (p.263) - controversial because they are hash + have not lowered the prison population+ unwanted disparities are still there - 1984 US Sentencing Commission developed guidelines for sentencing federal offenders
33
Capital Punishment
execution of an offender sentenced to death after conviction by a court of law of a criminal offense
34
Eighth Amendment
against cruel and unusual punishment (Furman v Georgia)
35
A seven-justice majority did....
not contest to cruel and unusual punishment
36
Bifurcated Trial
- during 1st phase of trial, jury considers only issue of innocence or guilt. If the jury unanimously convicts for a crime carrying the death penalty, then the jury reconvenes. - 2nd phase jury considers aggravating and mitigating circumstances and deicide to impose death penalty
37
States exhibit important variations in their death penalty laws. T/F
T
38
surety bond
the use of a bail agent who promises to pay the defendant's bail if he or she fails to appear for further court proceedings
39
presentence investigation
recommendation from probation officer about the appropriate sentence
40
Capital Punishment
death penalty
41
Capital Punishment... what is finality
innocent put to death/ fears of wrongful conviction
42
Capital punishment....Morality question
is it right to kill someone as punishment
43
Capital punishment.... ethics of ending a life
not just a moral question, but a physical question
44
civil liberties question
8th amendment prohibition on cruel & unusual punishment
45
cost in the court process
states have to defend killing someone in the appellate phase
46
discrimination
normative concerns: how should things be?
47
8th amendment prohibition
narrowed the circumstances to where it is allowable
48
In federal court, DP....
allowable penalty
49
In state courts, DP.....
some who was prohibited death penalty, others allowable
50
Statutes....
outlawing outright or narrowing the proscribed circumstances
51
Defense focused
the ability to take responsibility | a) cognitive ability (IQ less then 70 (b) Age- limit usage so minors are not eligible
52
Crime focused...
what counts as a capital crime severity & intent of the state jury selection issues (stack the deck of capital punishment)
53
General Policy Questions
8th amendments * overcrowding * fairness of sentencing guidelines * consistency over circumstance
54
There are laws in the books that are _____________
readily utilized
55
2 problems with lethal injection
1) pressure of anti-capital punishment to fight against pharmaceuticals companies who sell to the state the death penalty 2) how to make sure that people are getting the right amount of pain medicine before
56
Discrimination.... questions about racial bias /clacc
black males are disproportionality generally w/ defendant & victims (interaction effect) female/white victims more likely to have death penalty on the black fellas class= resources mostly (have + have nots)