Test 2 Flashcards

(99 cards)

1
Q

questioning jurors and testing for bias

A

voir dire process

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2
Q

min % max time

A

intermediate sentence

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3
Q

6th amendment

A

jury trial, right to council, attorney (rights of the accused)

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4
Q

5th amendment

A

grand jury (due process), double jeopardy, self-incrimination

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5
Q

opening statementL

A

inditement
information
what the defendant pleads

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6
Q

character witness

A

testifies on good character

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7
Q

how a trial works

A

opening statements
prosecution evidence
defense evidence
rebuttal witness
closing arguments
instructions to jury
jury decision

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8
Q

enlightenment (1685-1815)

A

don’t beat people!

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9
Q

jury decision

A

deliberation
can sequestered
verdict

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10
Q

Elmira reformatory

A

the first reformatory
mark system: points to reduce sentences

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11
Q

Cincinatti 1870
reform

A

intermediate sentences
getting proof of reformation

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12
Q

plain view doctrine

A

can examine evidence without a warrant when it is in plain sight

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13
Q

sentencing guidelines

A

offense seriousness
base offense level
specific offense characteristics
adjustments
criminal history

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14
Q

defense

A

represents the accused
hired or assigned

duties:
represents clients
protects clients’ rights

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15
Q

police stop

A

temporary detention of a person for questioning or investigation based on reasonable suspicion

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16
Q

exigent circumstances exception

A

an arrest, search, or seizure can be made without a warrant when there is an immediate threat to public safety

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17
Q

contract system

A

selling prisoners to private companies
new york system

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18
Q

felony cases afforded bail

A

60%

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19
Q

forms of punishment

A

incarceration
intermediate sanctions
probation
capital punishment

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20
Q

voir dire process

A

questioning jurors and testing for bias

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21
Q

sequestered jury

A

a jury which is kept in a private location for part or the entirety of a trial

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22
Q

questions in restorative justice

A

what was the harm?
what can be done to repair it?

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23
Q

lease system

A

leasing work in exchange for food and clothing
south

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24
Q

corrections over time

A

1930-1970
rehabilitation model/medical model

1970s
community model

1980-present
crime control model

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25
capital punishment
death for capital offenses varies per state average time on death row: 9 yrs each inmate is 1.2 mil more expense
26
instructions to jury
given by judge spoken to jury tells them about laws, rules, etc.
27
minimum security
non-violent, first-time offenders dorm/camp style
28
bail
a sum of money decided by the judge an accused person pays to be released before their trial
29
New York system
auburn correctional facility - 1819 congregate system: work during the day contract system: selling prisoners to private companies
30
sentencing process
takes place after defendant is found guilty judge examines sentencing guidelines and judge examines pre-sentence report judge considers statements from trial
31
demonstrative evidence
relevant evidence
32
determinant sentence
firm sentence
33
restitution
repairing the harm done better for offender and victim (restorative justice)
34
dual court system
federal and court states
35
next penitentiary
eastern state penitentiary 1829-1970 overcrowding ends confinement
36
public safety exception
police can forgo Miranda rights if doing so would threaten public safety
37
consecutive sentence
one after another
38
1980-present crime control model
"get tough on crime" war on drugs
39
high security
most violent offenders cells, fences, armed guards, towers/patrols
40
first penitentiary
Pennsylvania walnut street prison 1790-1838 separate rooms, silent
41
intermediate sanctions
probation, fines, house arrest, and electronic monitoring
42
pre 1800s punishment
all physical
43
challenging for cause
attorneys can challenge the bias of jurors (unlimited)
44
deterrence (type/goal of punishment)
punishment to discourage crime general deterrence: prevent crime in general public specific deterrence: stop recidivism
45
adversarial process
at tourneys for both sides who produce and argue against evidence to find the truth
46
incapacitation
removing offender form society to prevent future crime selective incapacitation: incarcerating high-risk offenders to prevent future crime
47
congregate system
prisoners work during the day
48
three roles of judges
adjudicator - decisions negotiator - behind the scenes work administrator - manage courthouse
49
preemptory challenge
excusing jurors without an excuse/reason (limited #)
50
problem solving courts
focus on a specific offense or type of person committing a crime Goals: case management therapeutic jurisprudence
51
concurrent sentence
serving sentences at the same time
52
southern prison systems
lease system: work exchanged for food and clothing worked prisoners to death stopped with anti-contract law in 1877
53
shock probation
some of sentence served in jail, some on probation
54
automobile exception
police do not need a warrant for a vehicle if there is probable cause that it may contain evidence, drugs, or stolen property
55
lay witness
eyewitness - saw crime
56
% of people on bond who reoffend
10%
57
seizure
police removal of property following unlawful activity
58
stop and frisk
officers may lawfully pat down the clothing of someone when they have reasonable suspicion that a person is involved in criminal activity
59
sentencing guidelines (adjustments)
court adjustments against an elderly person or child multiple counts taking responsibility for
60
real evidence
physical evidence
61
trial courts of limited jurisdiction (STATE)
municipal, magistrate, justice of the peace courts minor criminal cases, small claims, and misdemeanors
62
reasonable suspicion
an office must have objectively justifiable suspicion a crime has been occurred before searching
63
prosecutor
represent gov in criminal case duties: work with law enforcement determine charges prosecute work with witnesses and victims
64
jails
facilities for those awaiting trail, transfer, or those sentenced for less than a year
65
trial courts of general jurisdiction (STATE)
district, superior, and circuit courts felony criminal cases, major civil cases, family law cases
66
private prisons
non-government run facilities run by a 3rd party contracted by the government created in the 80s "for profit prisons" 3 billion $ industry
67
hot pursuit
police can enter without a warrant during a chase
68
Alford pleas
plea deal while maintaining innocence
69
types of witness
lay witness: saw crime expert witness: special knowledge character witness: testifies on good character
70
probation
an offender serves their time in the community
71
how many people cannot afford bail
60%
72
good time and gain time
good time: time off for good behavior gain time: working for freedom
73
tactics of defense evidence
contrary evidence alibi defense (duress, insanity, self-defense)
74
low security
non-violent dorm style, fenced
75
expert witness
special knowledge
76
mandatory sentence
the law determines the sentence
77
pretrial detention
holding someone in jail or detention before their trial
78
administrative prisons
for those unsuited for other facilities medical institutions, escapees, ADMAX, and supermax
79
__% of people in jails are people awaiting trial
70%
80
Philadelphia society for alleviating the miseries of public prisons - 1787
gotta reform the awful prisons
81
trial courts of general jurisdiction (FEDERAL)
US district courts major federal and civil cases
82
medium security
violent/sex offenses cells, fences, armed guards
83
fruit of the poisonous tree doctrine
evidence obtained in violation of the constitution is inadmissible in court (exclusionary rule)
84
types/goals of punishment
retribution: punishment matches crime deterrence: punishment to discourage offending incapacitation: removing offender from society to prevent future crime rehabilitation: providing treatment to help offender reintegrate into society
85
types of evidence
real evidence: physical demonstrative evidence: relevant evidence testimony: oral evidence from a crime
86
plea bargain
agreement between prosecutor and defendant to resolve a criminal case without trial waiving rights to jury, trial, and self-incrimination
87
truth in sentencing
must serve 85% of sentence
88
release on recognizance
Defendents promise to appear in court
89
circumstantial evidence
things one can infer about (showing a map or something)
90
direct evidence
eyewitness account
91
intermediate sentence
min & max timee
92
appellate courts
state: intermediate appellate courts state supreme courts federal: us circuit court of appeals SCOTUS
93
cooper v plate (1964)
the bill of rights applies to prisoners
94
federal corrections system
minimum security low security medium security high security administrative
95
number of jurors
criminal: 12 civil: 6
96
reform institutions
Cincinnati - 1870 Elmira reformatory the women's prison association Indian women's prison, 1873
97
state corrections
community corrections state prison system women's state prisons
98
trial courts of limited jurisdiction (FEDERAL)
US magistrate preliminary matters and minor federal offenses
99
which side goes first?
PROSECUTION