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CJ 3 > Test 3 > Flashcards

Test 3 Flashcards

(58 cards)

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1
Q

We have a dual court system what does that mean?

A

We have state and federal courts

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2
Q

state trial courts

A

limited/special jurisdiction only hear less serious criminal cases

courts of general jurisdiction may hear any criminal case

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3
Q

State appellate courts

A

intermediate appellate court and state supreme court (court of last resort)

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4
Q

dispute resolution centers

A

infromal hearing places designed to mediate interpersonal disputes

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5
Q

community courts

A

low-level courts focusing on quality of life crimes that erode a neighborhoods morale, with emphasis on solving over punnishment

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6
Q

specialized courts

A

low-level courts focusing on relatively minor offences, handling special people and issues

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7
Q

how many courts of appeal and their function

A

13- each has mandatory jurisdiction over decisions of district courts in its area

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8
Q

3 types of appeals

A

Frivolous
Ritualistic
Nonconsensual

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9
Q

appeals process

A

regular court-court of appeals- supreme court

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10
Q

how are state judges chosen

A

voted in except municipal courts

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11
Q

The Judge

A

ensure justice

ultimate authority

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12
Q

The prosecuting attorney

A

conducts criminal proceedings

has the burden of proof

can make and take plea bargains, dismissing cases, determine charges

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13
Q

the defense council

A

represents defendant

preps defense and files appeal

guaranteed by 6th amendment to client

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14
Q

bailiff

A

ensures order

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15
Q

trial court administrators

A

smooth running of court

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16
Q

court reporter

A

records everything

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17
Q

prosecutorial discretion

A

can choose which cases to take

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18
Q

clerk of court

A

maintain court records, prep jury pool, swear in witnesses

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19
Q

expert witness

A

special skills and knowledge

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20
Q

lay witness

A

eyewitness

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21
Q

jurors

A

right to jury trial guaranteed by constitution

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22
Q

pretrial activities

A

first appearence
grand jury/ preliminary hearing
arraignment/ plea
plea bargaining

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23
Q

first appearance

A 
first contact with officer of the court
formal notice of charges
advised of rights
opportunity of lawyer
must be held within 48 hours
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24
Q

grand jury

Study These Flashcards
A

defendant doesn’t appear

jury decides probable cause

25
preliminary hearing
used when there isn't a grand jury determining if defendant is competent to stand trial give defendant opportunity to challenge legal basis for detention
26
criminal trial stages (8)
``` trial initiation jury selection opening statements evidence closing arguments judge charge to jury jury deliberation verdict ```
27
indigent defendant
doesn't have a lawyer
28
voir dire examination
questioning potential jurors
29
plea types
guilty, not guilty, no contest (guilty)
30
brady v maryland
prosecutor must disclose exculpatory evidence
31
us v bagley
prosecutor must disclose evidence defense requests
32
powell v alabama
right to council during trial- capitol cases
33
gideon v wainwright
right to council during felony cases
34
argersincer v hamlin
right to council when incarceration is possible
35
mcnabb v us
first appearance within 48 hours of arrest
36
us v hazzard
denial of bail- danger to community
37
henderson v morgan
defendant may withdraw a plea bargain
38
bordenkircher v hays
prosecutor threat durring plea bargaining
39
furman v georgia
traditional criminal trial was unconstitutional for death penalty cases
40
gregg v georgia
bifurcated trials were constitutional for death penalty cases
41
gagnon v scarpelli
due process for probationers
42
morrissey v brewer
due process for parolee
43
bearden v georgia
failure to pay fees- not grounds for revocation of parole/ probation
44
intermediate sentencing
Sentencing model that encourages rehabilitation through the use of general and relatively unspecific sentences Relies heavily on the judge's discretion
45
sentencing model
includes determinate and presumptive schemes , as well as voluntary/ advisory sentencing guidelines
46
federal sentencing guidelines
requires an offender be sentenced to a fixed term that may be reduced by god time or gain time
47
federal sentencing guidelines pt2
Sentencing model that encourages rehabilitation through the use of general and relatively unspecific sentences Relies heavily on the judge's discretion
48
presentence investigation reports
designed to help judges decie on the appropriate term limits establisged by law, long form, written form, verbal report, prepared by PO
49
victim impact statements
information provided by victims or survivors regarding the losses, suffering, and trauma resulting from the crime, usually in writing, impact sentencing
50
capitol punishment- US supr.
capitol offenses, punishable by death, 3 states have it with federal government, 18,800 total since 1608
51
probation sentencing and punishment
most offenses are on probation 56% parole 12%
52
early release and parole
successful and continued employment of paroles linked to reduce likelihood of reoffering
53
intermediate sanctions
``` Split sentencing Shock probation/parole Shock incarceration Mixed sentencing and community service Intensive probation supervision Home confinement and remote location monitoring ```
54
reentry programs
probations does not appear to deter because is it far less punitive than incarceration, reentry courts combine judicial oversight with rehabilitative services
55
Two-step capitol trial
Jury decides guilty and death
56
Presumptive sentence
Judge can add to baseline based of circumstance
57
Flat sentence structure
10 years is 10 years
58
Independent sentence structure
You can get parole or good time off

CJ 3 (1 decks)

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