Flashcards in Test 3 ( Chapters 8 - 10) Deck (89)
What are the local court systems?
Municipal and County
What is the punishment in the local court systems?
What can happen if you don't pay?
Go to jail.
What are systems of the court at the state level?
The Judicial District Courts and State's General's Office
What is an example of the District Courts?
The 18th Judicial (which covers Arapahoe, Douglas, Elbert, and Lincoln)
What crimes does the Judicial District Courts prosecute?
Crimes - misdemeanors and felonies - but it can also do juvenile cases.
What determines where a case is tried?
- Scope of the Investigation
- Who started the investigation
What crimes do the Attorney General's Office prosecute?
Crimes that are of a much larger scale, e.g. Major drug operations that occur between multiple judicial districts.
What are systems of the court at the federal level?
Federal Law, Federal Circuit Court, Court of Appeals, and Supreme Court
What is the purpose of the Federal Law court?
Enforce the law
What is the purpose of the Federal Circuit Court?
They deal with the facts of the case and enforce criminal and civil law. They are also deal with administrative punishments.
Why is meant by administrative when referring to the Federal Circuit Court?
Administrative deals with entities that violate law/policy/procedure.
What does the Court of Appeals deal with?
Deals solely with appeals and how lawful a decision is. Facts of the case was already established, so this deals exclusively with the law.
What is the purpose of the Supreme Court?
To determine the constitutionality of a case.
What is the hierarchy of the court system (local --> state --> federal)?
State Court --> State Court of Appeals --> State Supreme Court --> Court of Appeals --> Supreme Court
What was the outcome of the Scramento v. Lewis case?
High-speed chases with no intent to harm suspects physically or to worsen their legal plight do not give rise to liability under the Fourteenth Amendment.
What are 3 aspects of corrections?
Rehabilitation, Retribution, and Punishment
When does a suspect become a defendant?
When the DA goes over the charges
What were some of the punishments used throughout European history?
Banishment, Incarceration, Transportation
What were some of the punishments used in early American history?
- Shaming, Banishment
- The Pennsylvania System
- The Auburn System
- The Medical Model
Who primarily used shaming and banishment as a punishment?
What was the Pennsylvania System and who used it?
Quakers, and its purpose was reform. Usually consisted of solitary confinement.
What was the Auburn System?
A modern idea that was built upon the community by day and solitary confinement at night.
What was the primary focus of the Medical Model?
-mental illnesses have afflictions
- Services to treat & build the mind to be a functioning member of society
What are the types of prisons?
Max, Medium, Minimum, and Private Security
Who goes into Super Max Security Facilities?
The most violent offenders
Who goes into Max Security Facilities?
Violent offenders and those with long criminal records
Who goes into Medium Security Facilities?
Those that have some kind of record
Who goes into Minimum Security Facilities?
Those of a low flight risk and typically white collar crimes.
Which type of facility has the greatest chance for rehabilitation?
How are prisoners classified?
Max, Medium, and Min (essentially the same as the prisons)
What is typically happens in a Max Security Prison?
What is typically happens in a Med Security Prison?
What is typically happens in a Min Security Prison?
What is the difference between jail and prison?
Jail is temporary housing, while prison is long term housing.
Why are the populations of prisons falling?
- community based corrections
- push to not over crowd
What facility houses the most prisoners?
How are Private Facilities done?
- bound by Feds & 8th Amendment
- they typically cut back on security (and everything else) to turn a profit.
What was the decision in the Grant v. Arizona case?
The police have to have a reason to search a vehicle. A police officer can't search just because they want to.
What is the court process?
- Initial Appearance
- Preliminary Hearing or Grand Jury
What can happen in the Booking Process?
A suspect files for a bond. They usually pay with cash
and are only released if the court is assured that they will show up to the trial.
What is the difference between a judge and a magistrate?
A magistrate can't convict, while a judge can.
What occurs during the Initial Appearance?
Following the booking (the next morning), the judge will tell a suspect what they were arrested for. The judge also determines if there is Probable Cause and sets Bail.
What occurs during the Filing?
The case goes before the District Attorney and they consider all of the evidence and determine if there is more than probable cause. They also determine their chances of winning.
What does a DA take into account when considering whether to file charges or not?
1. Strength of evidence
2. Violations of Law
3. Chances of Winning
What is the purpose of a Grand Jury?
To determine if there is Probable Cause.
What occurs during a Grand Jury?
12 - 23 people make a decision on Probable Cause or not.
What occurs during Arraignment?
- Official Charges Entered
- Entering of a Plea
Can original charges be changed during arraignment?
What are the three types of pleas during arraignment?
Guilty, Not Guilt, and No Contest
What is a No Contest plea?
The defendant will not say whether they are guilty, but they are not admitting innocent either.
What is a plea aggreement?
Stating guilt for a lesser sentence.
What is the percentage of trials that are plead out?
From when can a plea be entered?
What is the purpose of entering motions?
The defense enters motions to suppress evidence and question if evidence was legally obtained or not.
What are the two types of trial?
Bench trial and Jury Trial
What is the difference between the Bench trial and the Jury trial?
A judge decides verdict in a Bench trial, where as a jury decides verdict in a Jury Trial.
What is voir dire, and what is its purpose?
It is the vetting process. It is where the prosecution and defense choose jurors to serve on the jury during a trial. The judge also has a say whether someone can be on a jury or not.
How many jurors are typically selected?
12 and 1 alternate
What occurs during the Trial?
- Direct Examination
- Cross Examination
What is a hung jury?
A judicial jury that cannot agree upon a verdict after extended deliberation and is unable to reach the required unanimity or supermajority. It will then go back through the trial process.
What are the kinds of bail?
Case and ROR (Release on own Recognizance)
When was the idea of Victim's Rights introduced officially?
Why are Victim's Rights so important?
- They state when an offender gets a release
- The victim gets told about each step
- The victim is informed that the case is adjudicated.
- The victim is, in some cases, compensated for the trauma they went through.
A court of ___ jurisdiction has the authority to hear a case when it is first brought to court.
Which of the following types of jurisdiction is the court's power to hear a particular type of case?
In highly controversial cases, all of the judges in a circuit may sit together and hear a case in what is known as a(n);
en banc hearing.
When the Supreme Court hears a case, it decides upon one of four different courses of action. Three are listed below. Which of the following is not one of the courses of action listed in your textbook?
Revert their powers as a court of a last resort to the court of original jurisdiction.
Trial courts of ___ jurisdiction are sometimes referred to generally as "inferior trial courts" or simply as "lower courts."
Which of the following is the attempt to "correct" the personality and behavior of convicted offenders through educational, vocational, or therapeutic treatment and return them to society as law-abiding citizens?
Which of the following is NOT one of three key actors in the court process, according to your textbook?
The ___ is a community's chief law enforcement official and is responsible primarily for the protection of society.
Prosecutors are supposed to charge an offender with a crime and prosecute the case it, after full investigation, three conditions are met. Which of the following is NOT one of these three conditions?
The defense has provided a confession, even an informal one.
When prosecutors elect not to prosecute, the enter a:
notation of nolle prosequi
The ___ mandate(s) that a prosecutor provide defense counsel with any exculpatory evidence in the prosecutor's possession.
rules of discovery
The role of defense lawyers is to:
provide the best possible legal counsel and advocacy within the legal and ethical limits of the profession.
Nationally known "celebrity" criminal lawyers take clients only if their cases meet one of three conditions, which are listed in your text. Which of the following is NOT one of these three conditions?
cases that involve the oppressed or downtrodden.
Public defenders commonly spend ___ with their clients.
five to ten minutes
Your textbook names six nontrial duties of judges. Three are listed below. Which of the following is NOT one of these nontrial duties?
allowing the jury a fair chance to reach a verdict on the evidence presented.
Which of the following is a judicial selection process in which the governor appoints judges from a list of qualified lawyers, which is compiled by a nonpartisan nominating commission composed of both lawyers and other citizens?
Of the crimes that are recorded by the police, only about ___ are "cleared by arrest."
After suspects officially become defendants, they are brought before a lower court judge for:
an initial appearance
The Supreme Court has ruled that anyone arrested without a warrant may be held no longer than ___ before a judge decides whether the arrest was justified.
Which of the following is usually a monetary guarantee deposited with the court that is supposed to ensure that the suspect or defendant will appear at a later stage in the criminal justice process?
Holding suspects or defendants in jail without giving them an opportunity to post bail, because of the threat they pose to society, is called:
Which of the following is simply a release secured by a suspect's written promise to appear in court?
release on own recognizance.
The alternative to the grand jury, in states that do not choose to utilize them, is the filing of a(n):
When defendants plead nolo contendere, they:
do not admit guilt but are willing to accept punishment.