Exam 3 Flashcards
(64 cards)
What are the primary functions of the pretrial system?
Gather relevant information, conduct screening and assessment, provide risk management, manage pretrial diversion programs.
Functions assist judges in determining detention or release during bond hearings.
What is a wishful function of pretrial supervision?
To keep people out of jail and manage the risk they might pose while providing resources to address their situation.
Similar to probation.
What determines the structure of courts?
Jurisdiction and venue.
Jurisdiction refers to statutory authority; venue refers to geography.
What are the two types of jurisdiction in court systems?
Trial jurisdiction and appellate jurisdiction.
Trial jurisdiction is at the bottom, appellate jurisdiction is at the top.
What types of cases do state trial courts handle?
Misdemeanors and early phases of felonies.
Includes issuing search warrants and detention hearings.
Which courts are considered the lowest level in the state trial court system?
Courts of limited jurisdiction (JP, Municipal, County, Magistrate).
They primarily handle misdemeanors.
What is the role of intermediate appellate courts?
Review trial court decisions without holding trials.
They assess due process violations and have discretionary acceptance of appeals.
What is the most common name for the Court of Last Resort?
State Supreme Court.
In Texas, it’s called the Court of Criminal Appeals.
What is the primary focus of federal misdemeanor courts?
Case processing.
Plea negotiation rates are high, around 99%.
How many federal felony court districts do we have?
94 Federal Judicial Districts.
They handle federal felonies.
What are the characteristics of federal intermediate appellate courts?
They have appellate jurisdiction, do not hold trials, and have discretionary acceptance of appeals.
There are 13 Federal Judicial Circuits.
What is a significant issue in the criminal court system?
Overwhelmed with caseloads and workloads.
Judges, prosecutors, and defense attorneys are all affected.
What were the new cases added to Texas District Courts in 2018?
931,700 new cases.
They disposed of 865,230 cases.
What are the three primary factors creating massive caseloads in the court system?
- Lack of funding
- Tough on crime policies
- Recidivism
Recidivism is a significant factor, with many offenders having prior cases.
True or False: Crime rates are increasing despite higher recidivism.
False.
Crime rates are actually going down.
What consequence arises from the relentless focus on case processing?
Extraordinary reliance on plea bargaining.
There is restricted time for each case, affecting thoroughness.
Fill in the blank: The acceptance of an appeal in intermediate appellate courts is _______.
discretionary.
Except in death penalty cases.
What is the primary role of courts of last resort in the appellate process?
Exhaust state-level appellate remedies.
They do not hold trials, only hearings on appeals.
What has contributed to the current state of American criminal justice policy?
Convergence of various trends including changes in thinking about crime and punishment, funding, policy, and laws.
What percentage of state and federal prison populations are incarcerated for drug-related offenses?
25% in state prisons and 60%+ in federal prisons.
By what percentage did the state and federal prison population increase between 1980 and 2021?
390% for state and federal prisons; 580% for federal prisons alone.
What is the percentage of the world’s incarcerated population that the U.S. holds?
25% of the world’s incarcerated population.
What was the increase in population under correctional control from 1980 to 2021?
355% increase.
What significant social issues contributed to the launch of crime control policies in the 1960s?
High crime rates, violent crime increase, race riots, campus protests, and assassinations.
