Criminal Justice test 3 Flashcards

(57 cards)

1
Q

What are Courts of Limited Jurisdiction?

A

Courts that handle specific cases, such as traffic and misdemeanors. Often called municipal or magistrate courts.

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2
Q

What are Courts of General Jurisdiction?

A

Courts that hear serious criminal and civil cases; they are trial courts.

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3
Q

What are Specialized Courts?

A

Courts that focus on particular issues, such as drug courts and family courts.

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4
Q

What are Appellate Courts?

A

Courts that review trial court decisions for legal errors and do not retry facts.

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5
Q

What are District Courts?

A

Trial courts for federal matters.

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6
Q

What are Courts of Appeals?

A

Intermediate appellate courts that review cases from 12 regional circuits.

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7
Q

What is the role of the Supreme Court?

A

It is the final appellate authority that selects cases via writs of certiorari.

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8
Q

What is a Petition for Certiorari?

A

A request by a party for the Supreme Court to review a case.

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9
Q

What is the Rule of Four?

A

The requirement that four Justices must agree to grant a petition for certiorari.

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10
Q

What are Briefs & Amicus Briefs?

A

Written arguments submitted by parties and interested groups.

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11
Q

What happens during Oral Arguments in the Supreme Court?

A

Each side presents arguments for 30 minutes.

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12
Q

What occurs during the Conference & Vote in the Supreme Court?

A

Justices discuss the case and vote on the outcome.

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13
Q

What types of opinions are issued by the Supreme Court?

A

Majority, concurring, and dissenting opinions.

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14
Q

What is the role of a Prosecutor?

A

Represents the state, decides charges, and presents evidence.

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15
Q

What is the role of a Defense Attorney?

A

Protects the defendant’s rights and challenges the prosecution’s case.

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16
Q

What is the role of a Judge?

A

Oversees proceedings, rules on admissibility, instructs the jury, and imposes sentences.

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17
Q

What is Mediation?

A

A process where a neutral third party helps parties negotiate.

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18
Q

What is Arbitration?

A

A process where an arbitrator hears evidence and makes a binding decision.

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19
Q

What is Restorative Justice?

A

Victim-offender mediation focusing on repair and reconciliation.

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20
Q

What is Bail?

A

Money or conditions set to ensure a defendant returns for trial.

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21
Q

What are the types of Bail?

A

Cash Bail, Surety Bond, Property Bond, Release on Recognizance (ROR).

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22
Q

What is a Grand Jury?

A

A group of citizens that determines probable cause in secret proceedings.

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23
Q

What is a Preliminary Hearing?

A

A judge determines probable cause in open court with the defendant and counsel present.

24
Q

What is Arraignment?

A

The formal reading of charges where the defendant is informed of their rights.

25
What are the possible pleas during Arraignment?
Guilty, Not Guilty, No Contest (nolo contendere).
26
What are Plea Bargains?
Exchanges that may include charge reduction, sentence recommendation, or dismissal of other charges.
27
What issues can lead to False Confessions?
Coercion, lengthy interrogation, and mental impairment.
28
What is Pretrial Diversion?
Alternative programs that defer prosecution, focusing on rehabilitation.
29
What is a Bench Trial?
A trial where the judge decides guilt and facts.
30
What is a Jury Trial?
A trial where the jury decides facts and the judge rules on law.
31
What is Probable Cause?
Reasonable grounds for arrest or search warrants.
32
What is Preponderance of Evidence?
The standard of proof in civil cases, meaning more likely than not.
33
What is Clear and Convincing Evidence?
A high probability standard used in some civil matters.
34
What is Beyond a Reasonable Doubt?
The highest standard of proof required for criminal conviction.
35
What are the steps in the Trial Process?
Jury Selection, Opening Statements, Prosecution’s Case-in-Chief, Defense’s Case, Rebuttal and Surrebuttal, Closing Arguments, Jury Instructions, Jury Deliberation & Verdict.
36
What are the goals of punishment?
Retribution, Deterrence, Rehabilitation, Incapacitation, Restoration.
37
What are the types of sentences?
Concurrent, Consecutive, Indeterminate, Determinate.
38
What is Mandatory Sentencing?
Statutory minimums, Three Strikes laws, and Truth in Sentencing.
39
What factors influence sentencing?
Aggravating and Mitigating circumstances, and Sentencing Guidelines.
40
What are arguments for Capital Punishment?
Deterrence, retribution, and closure for victims.
41
What are arguments against Capital Punishment?
Wrongful convictions, moral objections, and cost.
42
What is the significance of Furman v. Georgia (1972)?
Temporarily halted the death penalty.
43
What did Gregg v. Georgia (1976) establish?
Reinstated the death penalty with guidelines.
44
What was decided in Ring v. Arizona (2002)?
Juries, not judges, must find aggravating factors.
45
What did Roper v. Simmons (2005) rule?
No execution of offenders under 18.
46
What is Probation?
Supervised community release instead of incarceration.
47
What are the legal rights of a person on Probation?
Limited Fourth Amendment rights and due process for revocation.
48
What is Judicial Reprieve/Recognizance?
An early form of probation where release is granted on promise.
49
What is Revocation in the context of Probation?
A court hearing that may lead to possible incarceration.
50
What are the tasks of a Probation Officer?
Supervision, case management, and risk assessment/classification.
51
What are Intermediate Sanctions?
Fines, Forfeiture, and Restitution.
52
What is Shock Probation?
A short period of incarceration followed by probation.
53
What is Split Sentencing?
A combination of jail time and probation.
54
What is House Arrest?
Confinement at the residence of the offender.
55
What is Electronic Monitoring?
Use of GPS or RF tracking devices to monitor offenders.
56
What are the principles of Restorative Justice?
Victim-offender dialogue, community involvement, and repairing harm.
57
What are some programs associated with Restorative Justice?
Victim-offender mediation and circles.