unit 3 Flashcards
(107 cards)
1
Q
What code can early courts be tracked back to?
A
Hammurabi (“eye for an eye”)
2
Q
Primary types of trial by ordeal
A
Trial by water and trial by hot iron
3
Q
were lawyers restricted from signing the declaration?
A
NO
4
Q
Court of star chamber
A
- what king created
- accused people without evidence
- Accused were not informed of identity of person making accusations
5
Q
judiciary act of 1787
A
established the federal judicial system
6
Q
judiciary act of 1801
A
created new judgeships and expanded jurisdiction of lower federal courts
7
Q
judiciary act of 1891
A
created new courts known as circuit courts of appeals
8
Q
Jurisdiction
A
based on:
- Geography
- Subject matter
- Functions and responsibilities of the court
9
Q
concurrent jurisdiction
A
- state and federal courts have jurisdiction
- both courts must decide where the accused will stand trial
10
Q
trial courts
A
decide the matter of facts and determine whether the defendant is guilty (FACTS)
11
Q
appellate courts
A
- provide accountability for trial courts
- ensure proper procedure was followed
12
Q
federal court systems hear cases following…
A
- When the US is a party
- Individuals from diff states
- Violation of laws passed by congress
13
Q
Article III courts
A
international trade
14
Q
article I tribunals
A
legislative courts
15
Q
What are community courts?
A
specialized courts that exist in the US to address quality-of-life crimes (Ex. Prostitution, tresspassing, vandalism)
16
Q
Did the violent crime control and law enforcement act of 1994 allocate over $50 million for the expansion of drug courts?
A
YES
17
Q
what are Magistrate judges?
A
subcomponents of US district courts that were created by congress in 1968 to ease the burden of district courts
18
Q
Are lay judges lawyers?
A
NO
19
Q
Adversarial legal system
A
What the US uses, involves 2 parties, the prosecution, and the defense
20
Q
Who are the primary litigators for the federal gov?
A
US attorneys
21
Q
Do most people who enter the CJ system hire their own defense representation?
A
NO
22
Q
6th amendement
A
awards the right to be informed of the charges against you, done at the initial appearance
23
Q
Surety bond
A
involves the defendant using a bond agency to post the bail
24
Q
are most cases dismissed at preliminary hearings, simply because establishing probable cause is hard?
A
NO
25
Jury Size
all states require 12-member juries in capital offense cases
26
what does the presentation of evidence at trial begin with?
The prosecution's direct examination of their witnesses
27
Jury nullification
when jurors dismiss the facts of a case and base their decision on other factors
28
Are defense attorneys typically the first to present their case?
NO
29
Sentencing guidelines
They consider an offender's criminal history and current offense
30
Furman v. Georgia
nullified the death penalty
31
Prison or jail sentences
The effort to incapacitate offenders in the US
32
When was the first juvenile court created
Illinois 1899
33
what is the most severe form of disposition in juvenile courts
custodial
34
what is the step in juvenile case processing that screens cases to assess whether individuals need the court's assistance
intake
35
Who refers the most delinquency cases
Law enforcement
36
Is the standard evidence required for determining guilt in juvenile courts probable cause
NO
37
What type of alternative dispute resolution involves a trained 3rd part working with both sides
mediation
38
what involves a state surrendering an individual accused of a crime to the state where they were accused
extradtion
39
does the FBI's internet crime complaint center provide reports and information on citizen complaints about internet crime?
YES
40
how many authorized judgeships in US district courts?
677
41
how many supreme court justices
9
42
how many judges in court of appeals
179
43
how many judges in US court of international trade
9
44
how many judges in US court of federal crime
16
45
federal appellate courts
hear both criminal and civil cases
46
supreme court
- highest court
- accept 100-150 cases each year
- No evidence presented
47
rule of four
4-9 must agree to hear the case
48
state courts
- handle more than 84 million cases annually
- limited jurisdiction
49
state court of appeals
- appeals by rights
- appeals by permission
- death penalty cases
- original proceedings/other appellate matters
50
judges
responsible for ensuring courtroom proceedings operate in a fair manner
51
prosecutors
- representatives of the state responsible for ensuring justice
- work closely with law enforcement
52
defense attorneys
- provide representation for accused
- 6th amendment
- Indigency
53
Bailiffs
Provide security in the courtroom
54
Court reporters
document proceedings
55
court administrators
- oversee administrators
- maintain records
- oversee budgeting/planning
56
charging
prosecutors determine whether or not to file charges following an arrest
57
initial appearance
1st time defendant is brought before the judge or magistrate
58
arraignment
brief hearings where defendants hear charges and enter plea
59
diversion
halting or suspecting of formal original proceedings prior to conviction upon agreement the defendant will meet an agreed upon obligation
60
goals of diversion
- reduce crime by providing specific treatment
- ease # of individuals in CJ system
- assist with removing the stigma associated with involvement in the justice system
- address belief that not all offenses warrant criminal case proceedings
61
plea bargaining
informal negotiations between prosecution and defense in an effort to expedite criminal case
62
charge bargaining
less serious charge
63
court bargaining
please guilt to some, but not all charges
64
sentence bargaining
agreed sentence
65
Advantages of bargaining
- cheaper
- faster
- reduces uncertainty of trials
- protects victims
66
disadvantages of bargaining
- lose due to process rights
- lead to overfiling for prosecution
- reduces time in prison
67
bench trial advantages
- faster and cheaper
- based on merit rather than emotion
- Judge are less likely to consider extra-legal factors and influence on media
68
Bench trial disadvantages
- judges may impose more severe penalties
- greater likelihood of corruption
- judges less likely to consider the defendants emotional appeal
69
Jury selection
impartial jury of your peers
70
jury compensation
Wy: $50/day
71
sources of jury
- voter lists
- vehicle registration
- unemployment/welfare rolls
- water service customers
- tax related info
72
disqualifications/dismissal of jurors
- ex-felons
- below a specific age
- non-us resident
- unable to speak English
- personal connection to case
73
Challenge to the array
submitted by defense- jury is bias/not reflective of community
74
challenge for cause
attornies- juries unsuitable for trial/familiar with the case
75
peremptory challenge
ability to dismiss juror without reason
76
sequestering jury
put in hotel, cannot leave, no outside influences
77
opening statement
attorneys identify evidence they intend to use during the trial. "arguably the most critical part of trial"
78
opening statements should not include...
- opinions
- references to character of accused
- argumentative
- references to matters that will not be supported by the evidence
79
circumstantial evidence
- evidence does not include link to crime
80
direct evidence
identifiable link to defendant and crime
81
testimonial evidence
evidence presented through witnesses
82
real evidence
physical/visual exhibits
83
prosecution's presentation of evidence
- direct examination
- cross-examination
- redirect examination
84
closing arguments
- summation/review of case
- assist juries in recalling and considering evidence
- personal opinions and new evidence are not permitted
- highlight evidence presented, strength of argument, and weakness of oppositions case
85
indeterminant sentences
max/min sentence (rehabilitaion)
86
determinant sentences
max period of incarceration (encourages good behavior)
87
structured sentencing
sentencing guidelines (seek to reduce disparity)
88
mandatory sentences
less biased, less judicial discretion
89
sentencing process
presentence investigation reports are required by some states prior to sentencing (judge gets all the info)
90
capital punishment
rooted in deterence
91
incarceration
incapacitating someone
92
probation
not confined, not being watched
93
home confinement
ankle bracelet
94
child savors
protection role, help them (children under 16)
95
status offense
things children are not allowed to do because of age
96
kent v. US (1966)
provided due process rights to juveniles if transferred to adult court
97
breed v. jones(1975)
juvenile being tried in adult court is constituted as double-jeopardy if it is the same crime
98
Decisions to refer
- seriousness of the offense
- victim's input
- conversations with juveniles and parents
- consideration of the juvenile's prior contact w/ the system
99
Preadjudication procedures
detained or not
100
adjudicatory hearings
court responds to petition=adult trial
101
dispositional hearing
sentencing hearing
102
normal dispositional hearing
warnings, reprimands, "slap on the wrist"
103
conditional dispositional hearing
probation, restitution
104
custodial dispositional hearing
most severe, some sort of confinement
105
judicial waiver laws
judge discretion
106
statutory exclusion laws
excludes certain crimes automatically
107
concurrent jurisdiction laws
on prosecution
