Exam 3 Study Guide Flashcards
(36 cards)
What are each of the steps a defendant may go through in the court process?
Pretrial, Arraignment, and trial
What are the levels of federal court systems?
Magistrate Courts, U.S District Courts, US Courts of Appeals, US Supreme Court
What are the levels of the state court systems?
Trial Courts, trial courts of limited jurisdiction, trial courts of general jurisdiction, appellate courts.
How does a case end up in the United States Supreme Court?
A case has to exhaust all of the appeals in the lower courts.
What are some seminal supreme court cases?
Dred Scott v. Sandford (1857) (7-2) Minor v. Happersett (1875) (9-0) Plessy v. Ferguson (1896) (7-1) Brown v. Board of Education (1954) (9-0) Gideon v. Wainwright (1963) (9-0) Miranda v. Arizona (1966) (5-4) Roe v. Wade (1973) (7-2) United States v. Nixon (1974) (8-0) United States v. Windsor (2013) (5-4) Obergefell v. Hodges (2015) (5-4)
What types of cases do federal courts hear?
Cases regarding the constitution, federal laws, treaties, and when one party is a state.
What is the burden of proof?
Separate ideas that apply for establishing the truth of facts in a trial before tribunals in the United States.
How are the members of a jury selected?
A jury is constructed. And a jury panel is put through a venire.
The Voir Dire process is a removal of potential jurors: which can be done through a challenge for cause, or peremptory challenge.
What are the possible challenges attorneys can use?
Challenge for cause: allows attorneys to exclude a potential juror in cases where the court believes that the individual may be unfair or biased in her or his decision making.
Peremptory challenge: Allows attorneys to reject a juror without having to give a specific reason.
What are the purposes of juries?
Prevent government oppression, determine whether the accused is guilty on the basis of the evidence presented, to protect citizens from prosecutors and judges, Represent diverse community, serve as a buffer between the accused and the accuser, Educate citizens about the criminal justice system, symbolize the rule of law and the community foundation that supports the criminal justice system.
What is the adversarial process, and what is its purpose?
Through the adversary process, each side in a dispute has the right to present its case as persuasively as possible, subject to the rules of evidence and either judge or jury, decides in favor of one side or the other.
Adversarial process is used by other countries it is where a judge is actively involved in the case and gathering the evidence.
Prosecution and Defense represent their clients’ best interest, helps to ensure defendants’ rights are protected.
Who are the different players, and what are each of their roles?
Judges: A senior officer of the court. 3 roles: adjudicator, Negotiation, Administrator.
The judge is the decision maker throughout the court process. They sign warrants, set bail, hear pretrial motions, arraign defendants, accept guilty pleas, trails, and sentencing. During a trial, the judge officiates proceedings and rules on any objections raised by the prosecutor or defense. When a jury is involved, the judge provides instructions to the jury and answers questions about the law. In the absence of a jury, the judge listens to the evidence presented and decides if the defendant is guilty or not guilty.
Prosecutors: A government lawyer & chief law enforcement authority within a community. Represent the state and are responsible for trying cases before the court. Decide which cases will be: Disposed, pursued, reduction of charges. The case of Brady v. Maryland (1963) requires prosecutors to disclose exculpatory evidence to the defense. Exculpatory evidence is evidence that is favorable to the defense and may exonerate a defendant from any criminal wrongdoing.
Prosecutor Roles: Chief law enforcement officer of the court, Selection of cases to be prosecuted, Evaluation of evidence and determination of charges, prosecution of cases before the court, plea bargaining, subpoena power.
Defense Attorneys: Representing the accused after arrest, including at: Interrogation, bail hearings, plea negotiations, trial, reviewing police records, interview those involved in the case, discussing the case with the prosecutor, preparing, filing & arguing pretrial motions and the case for the trial, participating in jury selection, providing advice & assistance at sentencing, pursuing appropriate appeals, and presenting at appeals.
The defense attorney also conducts investigations to challenge the evidence presented by the prosecutor or to identify mitigating evidence for her or his case. Mitigating evidence is any evidence that serves to either explain the defendant’s involvement in the crime or reduce hsi or her potential sentence.
How do the different players interact with one another?
The judge listens to both the prosecution and defense and decides based on the information presented.
What are the different types of defense attorneys, and what problems do they face?
Criminal Lawyers, Court Appointed Lawyers, Public Defenders
What is Prosecutorial Disrection?
The reasons no to prosecute
What situations do prosecutors use their discretion in?
Minor domestic disturbances, Assaults & petty thefts in the same social relationship, statutory rape when both parties are young, joyriding by teens, Bounced checks, 1st offense shoplifters, offenders suffering from emotional disorders.
What influences the prosecutors decisions?
Insuffiecient evidence interest of justice belief that offense did not cause suffiecient harm consideration of stautory punishment improper motive of a complaint “Blue Laws” Witness problems humanitarian considerations the accused “cuts a deal” the accused is wanted for a more serious crime in another jurisdiction parolee considerations
What amendments are related attorneys?
4th amendment protects against unreasonable searches and seizures. 5th amendments protect individuals against self-incrimination as well as double jeopardy. 6th amendments includes several due process protections for the accused, such as the right to an attorney, the right to a speedy trial, the right to confront witnesses against her or him, and the right to have her or his case heard before a jury of peers.
Plea Bargaining: What is plea bargaining?, Who does it involve?, How does it work?, Why is it necessary?
A reduction in charges in exchanged for a guilty plea, defendant defense attorney and prosecutor, the defendnat can plead guilty at any point of the court process and waive their rights to trial, it provides a way for cases to be resolved in an effiecent manner.
Pretrial Release: What are the types of pretrial release options?
Bail: a promise to return for future court appearances in exchange for one’s release during the pretrial stage.
Released on own recognizance: type of release where the defendant promises to appear for all future court dates but does not have to provide the court with any sort of financial gurantee.
Early Intervention Programs: Agencies (funded by the state or count) who: gather and present information about newly arrested defendants and their available release. Provide supervision of defendants released for custody.
Preventive detention: holding a defendant before trial because the judge feels it would endanger society to release the defendant
Determinate Sentencing
Offender is given a fixed amount of time to serve depending on the crime. No discretion in the amount of time served. All offenders convicted of the same crime are sentenced to the same punishment. There is no opportunity for an early release/parole.
Mandatory Sentencing
Type of determinatn sentencing. Arose due to public dissatisfaction of offenders being released too soon. Requires that offenders who are convicted of certain crimes serve a certain sentence. Judges have no discretion in sentencing.
Indeterminate Sentencing
Sentencing that uses general and relatively unspecific guidelines. Gives correctional and parole officials significant discretion. Parole boards determine the actual release date. Offenders’ behavior while incarcerated is greatly considered when reviewing their case for release. Gain time & Good time.
Presumptive Sentencing
Different than mandatory sentencing and sentencing guidelines in that: developed by a sentencing commission (instead of legislature). Explicit and highly structured, using scales to define the fofense the offender should be convicted of. Mandatory sentences, judges were not allotted discretion in sentencing.
