Final court Flashcards

(58 cards)

1
Q

Right to impartial Judge (Amendment)

A

14th

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2
Q

Fed Judge Appointment

A

Appointed by pres with state senator approval

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3
Q

Fed judge removal

A

Impeach in the house convict in senate

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4
Q

limits on judicial decisions (4)

A

Impartiality, Actual Controversies, Narrow grounds, No Ruling on Wisdom

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5
Q

Qualifications State Judge (6)

A

citizen, 18, competent, no felony, texas for one year and precinct for six months, not declared ineligible for office

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6
Q

Selection of State judges

A

Election, Merit selection, Appointment

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7
Q

Judicial impeachment

A

impeached by house convicted by senate

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8
Q

Terms of elected Judges

A

2-4 partisan, 4-12 non partisan

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9
Q

prosecutorial discretion 3

A

charge, indict, decline

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10
Q

State attorney general role

A

chief legal officer of the state

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11
Q

solicitor general

A

represents the federal government in trials and appeals

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12
Q

district attorney

A

chief prosecutor for district / county

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13
Q

Types of Defense attorneys

A

private, indigent(assigned, contract, public defender)

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14
Q

Fifth amendment

A

self incrimination

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15
Q

sixth amendment

A

right to counsel

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16
Q

two prongs test of effective counsel

A

performance and prejudice

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17
Q

Typical criminal defendant

A

young male black

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18
Q

Miranda

A

right to remain silent

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19
Q

evidence that proves a fact without the juror needing to infer anything from it

A

Direct evidence

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20
Q

evidence that indirectly proves a fact

A

circumstantial evidence

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21
Q

any tangible item that can be perceived with senses

A

real evidence

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22
Q

information supplied by person under oath

A

testimonial evidence

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23
Q

evidence that seeks to demonstrate a certain point

A

demonstrative evidence

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24
Q

relevant and goes to substantial matters, influence on decision of case

A

material evidence

25
normally not admissible third party statement
hearsay
26
when does probable cause apply `
warrantless arrest
27
recording the identity of arrestee and pertinent information
Booking
28
advised of reason for being detained, protections against self incrimination, right to attorney
initial appearance
29
goals of sentencing 4
rehabilitation or reformation, retribution, incapacitation, deterrence
30
racial disparity in convictions
6x more likely, 15-20% more time
31
ADR 4
Arbitration, mediation, Neutral evaluation, conciliation
32
jurisdiction based on type of case
Subject matter jurisdiction
33
finding that the death penalty was unconstitutional when applied in an arbitrary or discriminatory manner
Furman v georgia
34
guaranteeing the right to legal counsel for criminal defendants in federal and state court
Gideon v wainwright
35
Petitioner was denied his right of confrontation of witnesses under the Sixth and Fourteenth Amendments
Davis v alaska
36
Supreme Court decision holding that the accused cannot be subjected to actual imprisonment unless provided with counsel
Argersinger v. Hamlin
37
rgued that Iowa Code 910A, which provides for the use of a screen in child sexual abuse cases, violated his Sixth Amendment right to confront his accusers face-to-face
Coy v iowa
38
upheld a death sentence despite the defendant's argument that he should not be sentenced to death because he was suffering from drug-induced psychosis when he committed the crimes.
Bell v. Cone
39
held that the Due Process Clause of the Fourteenth Amendment required the state to provide a psychiatric evaluation to be used on behalf of an indigent criminal defendant if he needed it.
Ake v. Oklahoma
40
exception to rule of judges not initiating legal disputes
declaratory judgement
41
listening to facts presented and ruling based on who made the best case
Trier of fact
42
tasked with resolving questions of law only
trier of law
43
differing of judgement to senators in appointing judges
senatorial courtesy
44
law school approach to teaching judges
anticipatory socialization
45
unanimity in appellate court cases
norm of consensus
46
new justices are overwhelmed
Freshman effects
47
a written accusation by the house
impeachment
48
federal judges not fully retired working part time
senior status
49
total immunity of prosecutor from suit
absolute immunity
50
an informal method of steering offender out of criminal justice system
diversion
51
5th amend can't be charged twice for same crime
double jeopardy
52
right to face and confront witnesses
confrontation clause
53
14th amend rights apply to state courts
due process
54
attorney to step in for pro se defendant
standby counsel
55
anything not based on personal knowledge of witness
hearsay
56
Defending yourself
Pro se
57
formal reading of charges
arraignment
58
fact that is significant to issue or matter at hand
materiality