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CJ 3 > Test 3 > Flashcards

Test 3 Flashcards

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

A

defendant doesn’t appear

jury decides probable cause

25
Q

preliminary hearing

A

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
Q

criminal trial stages (8)

A 
trial initiation
jury selection
opening statements
evidence
closing arguments
judge charge to jury
jury deliberation
verdict
27
Q

indigent defendant

A

doesn’t have a lawyer

28
Q

voir dire examination

A

questioning potential jurors

29
Q

plea types

A

guilty, not guilty, no contest (guilty)

30
Q

brady v maryland

A

prosecutor must disclose exculpatory evidence

31
Q

us v bagley

A

prosecutor must disclose evidence defense requests

32
Q

powell v alabama

A

right to council during trial- capitol cases

33
Q

gideon v wainwright

A

right to council during felony cases

34
Q

argersincer v hamlin

A

right to council when incarceration is possible

35
Q

mcnabb v us

A

first appearance within 48 hours of arrest

36
Q

us v hazzard

A

denial of bail- danger to community

37
Q

henderson v morgan

A

defendant may withdraw a plea bargain

38
Q

bordenkircher v hays

A

prosecutor threat durring plea bargaining

39
Q

furman v georgia

A

traditional criminal trial was unconstitutional for death penalty cases

40
Q

gregg v georgia

A

bifurcated trials were constitutional for death penalty cases

41
Q

gagnon v scarpelli

A

due process for probationers

42
Q

morrissey v brewer

A

due process for parolee

43
Q

bearden v georgia

A

failure to pay fees- not grounds for revocation of parole/ probation

44
Q

intermediate sentencing

A

Sentencing model that encourages rehabilitation through the use of general and relatively unspecific sentences
Relies heavily on the judge’s discretion

45
Q

sentencing model

A

includes determinate and presumptive schemes , as well as voluntary/ advisory sentencing guidelines

46
Q

federal sentencing guidelines

A

requires an offender be sentenced to a fixed term that may be reduced by god time or gain time

47
Q

federal sentencing guidelines pt2

A

Sentencing model that encourages rehabilitation through the use of general and relatively unspecific sentences
Relies heavily on the judge’s discretion

48
Q

presentence investigation reports

A

designed to help judges decie on the appropriate term limits establisged by law, long form, written form, verbal report, prepared by PO

49
Q

victim impact statements

A

information provided by victims or survivors regarding the losses, suffering, and trauma resulting from the crime, usually in writing, impact sentencing

50
Q

capitol punishment- US supr.

A

capitol offenses, punishable by death, 3 states have it with federal government, 18,800 total since 1608

51
Q

probation sentencing and punishment

A

most offenses are on probation 56% parole 12%

52
Q

early release and parole

A

successful and continued employment of paroles linked to reduce likelihood of reoffering

53
Q

intermediate sanctions

A 
Split sentencing 
Shock probation/parole 
Shock incarceration 
Mixed sentencing and community service
Intensive probation supervision
Home confinement and remote location monitoring
54
Q

reentry programs

A

probations does not appear to deter because is it far less punitive than incarceration, reentry courts combine judicial oversight with rehabilitative services

55
Q

Two-step capitol trial

A

Jury decides guilty and death

56
Q

Presumptive sentence

A

Judge can add to baseline based of circumstance

57
Q

Flat sentence structure

A

10 years is 10 years

58
Q

Independent sentence structure

A

You can get parole or good time off

CJ 3 (1 decks)

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