Quiz 4

Question 1

The US has a dual court system. What does this mean? What are the two systems? Which has supremacy over the other?

Answer 1

The United States government is a bicameral government. That means that there is a State and Federal level of the government. This also applies to the court system. There is a separation between state and federal powers. However the federal court system has more power over the state court system.

Question 2

An appeals court has “appellate jurisdiction” what does this mean?

Answer 2

The cases don’t start in this court system. Cases are brought up to this court .

Question 3

Our Civil and Criminal courts use an adversarial system of justice. Who are the adversaries?

Answer 3

The adversaries are the opposing parties. So in a criminal case it would be the defendant v. The state..

Question 4

Name three differences between the Crime Control model and the Due Process model.

Answer 4

Crime control will convict innocent to avoid letting guilty go free while due process will let the guilty go free.
Due Process wants swiftness of the court system while crime control will delay the process more
Due process is left wing and crime control is right wing

Question 5

Which court is the final arbiter from which there is no appeal?

Answer 5

The supreme Court

Question 6

Which Supreme Court case established judicial review so that the
Supreme Court decides what laws are constitutional?

Answer 6

Madison v Marbury

Question 7

Who was the first African– American judge on the Supreme Court? Who was the first woman?

Answer 7

The first Black American was Thorgood Marshall and the first women was Sandra Day O’Connor

Question 8

Which Supreme Court case outlawed racial segregation in public schools?

Answer 8

Brown v Board of Education

Question 9

Which Supreme Court case struck down laws that outlawed interracial marriage?

Answer 9

Loving v. Virginia

Question 10

Which anti-abortion laws were still Constitutional after Roe v. Wade? When could a woman not get an abortion in some states?

Answer 10

A women could no longer get an abortion after the fetus was viable outside of the womb

Question 11

The decision of Hustler Magazine vs. Falwell (1988) protected what American right?

Answer 11

The freedom of speech. Since Falwell was a political figure he signed up to have things said about it that he may not like.

Question 12

The decision in United States v. Windsor (2013) protected which American right?

Answer 12

This protected the right to marry and to be recognized in marriage

Question 13

Ohio is in the jurisdiction of which federal US Court of Appeals?

Answer 13

The sixth circuit

Question 14

How many judges sit on a federal District Court case? How many in a US Court of Appeals case? How many on a Supreme Court case?

Answer 14

Supreme Court has a 9 judge panel
Court of Appeal has a 3 judge panel
District Court has 1 judge

Question 15

What is the difference between a trial court of general jurisdiction and a court of limited Jurisdiction? Which would handle a murder case?

Answer 15

General jurisdiction handles serious criminal and civil cases they would handle a murder. Limited jurisdiction is the lowest level of the court system, they handle early stages of felony cases… like bail.

Question 16

The courtroom workgroup is composed primarily of the three actors. What are they? Which is given the most power?

Answer 16

The judge, prosecutor, and defense attorney. The Judge is the most powerful

Question 17

Think of four decisions that judges have to make

Answer 17

Judges:
1) Bail hearings
2) accept pleas
3) set trial dates
4) admit or exclude evidence

Question 18

How does one become a federal judge?
How does one usually become a local prosecutor?

Answer 18

Federal judges are nominated by president and confirmed by senate

Local prosecutors are elected by county

Question 19

The highest ranked prosecutor in a state goes by what title?

Answer 19

The Highest ranked prosecutor is the attorney general

Question 20

What is the problem with public defenders? Would you rather have retained counsel or a public defender?

Answer 20

Public defenders can have a very large caseload. You won’t see them a lot and are critized for poor representation.
Retained Counsel are hired by the defendant they will have continuous representation.

I would rather have a retained counsel

Question 21

Describe the abuse of discretion that is sometimes shown by defense attorneys.

Answer 21

Defense attorneys are told to “zealously represent” their clients once they take a case. But….. they tend to ration their services to clients that may be more important.

Question 22

Strickland vs. Washington 1984 set the criteria one must meet to get a new trial on appeal by showing ineffective counsel. What is that criteria?

Answer 22

Counsels performance falls below an objective standard of reasonableness.
If the counsels had acted more zealously the outcome of the case could be different.

Question 23

What happens during the Initial Appearance in a Criminal Court?

Answer 23

The charges are red, bail is set, and defense representation is arranged.

Question 24

What factors do judges take into account when setting bail?

Answer 24

Seriousness of offense, prior record, flight risk, and danger to public

Question 25

Why are defendants not allowed to plead guilty to a felony during the Initial Appearance?

Answer 25

They have not met with council yet and the defendant has been with the police for several hours. They will not be in the right state of mind

Question 26

What is a bail bond? What happens if you don’t show up to court after posting bond?

Answer 26

A bail bond is what happens when you can’t pay for bail on your own. So you get a loan from a bail bondsmen and defendant pays 10%. If you don’t show up to court the bail bonds man will keep your money. And they can use any legal means to get you to court.

Question 27

What happens in a Preliminary hearing? What is a grand jury?

Answer 27

In a preliminary hearing the people determine whether there is enough evidence to withstand trial. A grand jury happens after a preliminary hearing. They decide if there is enough evidence for trial, majority vote. Composed of citizens, defendant not present. “ true bill of indictment” if probable and “ no true bill” if not probable

Question 28

What happens in an Arraignment? What is the typical result of an arraignment?

Answer 28

At the arraignment the defendant enters a plea. ( guilty, not guilty, no contest) Typically the defendant will plea guilty and then they are sentenced

Question 29

What are the costs and benefits of allowing plea bargaining in the Criminal Justice System?

Answer 29

Con:It lets guilty people go with a lesser punishment Benefits: Negates the adversarial process inherent to CJ system Considered Necessary evil

Question 30

When is a defendant entitled to a defense attorney appointed by the government?

Answer 30

A defendant is entitled to a defense attorney in cases where jail time is possible.

Question 31

What is a “venire”? How does one get on them?

Answer 31

You have to have committed a serious offense to be entitled to a jury. Venire is the random selection of a jury

Question 32

What is voir dire and what happens during it?

Answer 32

Void dire is the selection of the jury through striking certain jures. There are two reason a jure would be strikes: “Challenge for course”- unlimited # of dismissals for legal reasons “Peremptory challenge”- reasons do not need to be specified to court, limited #

Question 33

What’s the difference between challenging a juror for cause and a peremptory challenge?

Answer 33

Challenging jure for cause is when there is a legal issue. It could be a bias they could have in court. A peremptory challenge has no legal reasoning. The striker just doesn’t want that jure for a certain reason.

Question 34

Describe the burden of proof used in Criminal trials. What about Civil trials?

Answer 34

Burden on proof in criminal trials must be beyond a reasonable doubt. The jury must be unanimous Burden of proof in civil trial must be preponderance of the evidence. The majority of the jures must be swayed

Question 35

About how many states have the death penalty in America?

Answer 35

30 states have the death penalty

Question 36

Jails are typically operated at what level? State? County? City?

Answer 36

Jails are operated by county

Question 37

Describe the difference between probation, jail and prison sentences.

Answer 37

Probation: No incarceration, remain in community. Maintain employment, avoid alcohol/drugs, and meet with officer. Jail: Incarceration for misdemeanors (less than a year), and those waiting for trial Prison sentence: long term sentence( more than a year), felony cases

Question 38

Give two reasons why so many Americans are incarcerated.

Answer 38

1) “We commit a lot of crime”- less rehab, violent urban areas, high alcohol, culture of horror 2) “We put more people in prison regardless of crime”- mandatory sentencing, war on drugs

Question 39

Describe the Five steps of a typical Civil Case.

Answer 39

Step 1) file complaint- controlled by victim/victim attorney, written plea Step 2) Response- being served, often by sheriff Step 3)- Pretrial activities- Motion( request for judge decision) and Discovery( parties obtain evidence from opposing parties Step 4) Trial- Similar to criminal, however no protection against self-incrimination, Preponderance of evidence Step 5) Judgement-Relief (paid as compensation), Monetary damages ( Compensation and Punitive- reform defendant)

Question 40

What do these terms means: Injunction, Compensatory vs. Punitive Damages, Discovery, Deposition, Motion.

Answer 40

Compensatory Vs. Punitive- compensatory makes the victim whole financially. Punitive- reform defendant, punish defendant Motion- request for judge for a decision Discovery- both parties give the other evidence they have Deposition- out-of -court interrogation with voice recorders Injunction-orders that prohibit certain actions ex. Give the dog back