Term
|
Definition
| An institution that the government sets up to settle disputes through a legal process |
|
|
Term
|
Definition
| To hear and settle a case by judicial procedure |
|
|
Term
|
Definition
| The persons over whom a court has power and the subject matter over which a court can make a legally binding decision |
|
|
Term
| What are the four types of jurisdiction? |
|
Definition
| Geographical, subject matter, original, and appellate |
|
|
Term
| Define geographical jurisdiction |
|
Definition
| The courts’ entitlement to hear and decide disputes arising within specified political boundaries |
|
|
Term
| Define subject matter jurisdiction |
|
Definition
| The types of cases the court is entitled to hear (i.e. child custody) |
|
|
Term
| Define original jurisdiction |
|
Definition
| The court’s power to try a case and issue a ruling |
|
|
Term
| Define appellate jurisdiction |
|
Definition
| The court’s authority to review decisions made by a lower court |
|
|
Term
| The United States has a dual court system. What makes up the two parts? |
|
Definition
| Federal and state courts. |
|
|
Term
| What cases go to the federal courts? |
|
Definition
| Federal courts only hear cases in which the United States is a party, cases involving violations of the U.S. constitution or a law passed by Congress, cases involving citizens of different states, and some special types of cases (e.g. bankruptcy and patent cases) |
|
|
Term
| Are most of the cases in federal courts civil or criminal matters? |
|
Definition
|
|
Term
| What are the major trial courts of the state court system? |
|
Definition
| Courts of general jurisdiction |
|
|
Term
| What are the three types of state courts? |
|
Definition
| Courts of general jurisdiction, appellate courts, and state supreme courts |
|
|
Term
| Describe mandatory and discretionary jurisdiction |
|
Definition
Mandatory jurisdiction: The court must hear all properly filed appeals
Discretionary jurisdiction: The court can decide which cases it wants to hear |
|
|
Term
| What are courtroom actors? |
|
Definition
| The individuals who work together day after day to process the civil and criminal cases that come before the court |
|
|
Term
| What does a prosecutor do? |
|
Definition
| Their primary responsibility is to bring criminal charges against individuals who are accused of a crime and to represent the government’s interest in court |
|
|
Term
| Describe horizontal and vertical prosecution |
|
Definition
Prosecute horizontally: different prosecutors handle the case at each stage in the process
Prosecute vertically: each case is assigned to an assistant prosecutor who states with the case until final disposition |
|
|
Term
| Prosecutorial discretion means that prosecutors can decide... |
|
Definition
-Who will be charged
-What charges will be filed
-Who will be offered a plea bargain
-Type of bargain that will be offered |
|
|
Term
| The Court ruled that all indigent criminal defendants charged with felonies are entitled to lawyers to assist them in their defense in what landmark case? |
|
Definition
| Gideon v. Wainwright (1963) |
|
|
Term
| What services are provided by defense attorneys? |
|
Definition
-Represent their clients at various stages of the criminal process
-Participate in plea bargaining with prosecutors
-Defend the accused at trial
-Act as their clients’ advocates |
|
|
Term
| What are some actions a judge may perform prior to trial? |
|
Definition
-Issue search warrants
-Decide whether bail is required
-How much the bail should be
-Whether there is sufficient evidence
-Whether pretrial motions should be granted or not |
|
|
Term
| What can a judge do during trial? |
|
Definition
-Decide whether jurors can be excused for cause
-Maintain order in the courtroom
-Decide whether to sustain or overrule objections
And in cases of a bench trial:
-Determine whether the prosecutor has proven the defendant’s guilt beyond a reasonable doubt
-Determines sentence |
|
|
Term
| What are two ways a person can become a judge? |
|
Definition
| By gubernatorial appointment or an election process |
|
|
Term
| Does the 6th amendment guarantee that everyone gets a jury trial? |
|
Definition
| No, only those charged with criminal offenses |
|
|
Term
| What is voir dire and what is its purpose? |
|
Definition
| Jury selection; to determine if the potential juror is biased or not |
|
|
Term
| What are the 4 steps in pretrial proceedings? |
|
Definition
1-Someone is arrested
2- The arrestee is booked at the officer’s station (i.e. paperwork, fingerprints, and photographs)
3- The prosecutor reviews the arrest report and decides whether to file a formal criminal charge and what the charges should be
4- Arrested suspect is brought before a lower court judge for the initial appearance, which serves to advise the suspect why he or she is being detained and to explain the suspects rights |
|
|
Term
| At what stage do suspects charged with a misdemeanor enter a plea? |
|
Definition
|
|
Term
| Do felony suspects enter a plea at the pretrial stage? |
|
Definition
|
|
Term
| When can decisions regarding bail be made? |
|
Definition
| The initial appearance in court or at a bail hearing |
|
|
Term
| To what does determination refer? |
|
Definition
| Determination that there is probable cause to hold the suspect for trial—that is, a determination that there is sufficient evidence to support the charges filed against the accused |
|
|
Term
| What is the purpose of arraignment? |
|
Definition
| to formally notify the defendant of the charge or charges and to ask the defendant to enter a plea |
|
|
Term
|
Definition
| Both parties to the case learn of the evidence the opposing side will use |
|
|
Term
| According to the _______ _____ evidence that is wrongfully obtained is not admissible at trial. |
|
Definition
|
|
Term
| Are there exceptions to the exclusionary rule? |
|
Definition
| Yes: inevitable discovery, good faith, secondary source having a major role,etc. |
|
|
Term
| Define the two types of plea bargaining |
|
Definition
Charge bargaining- the prosecutor offers to reduce the severity of the charges of the number of counts in exchange for a guilty plea
Sentence bargaining- the prosecutor agrees to recommend leniency at the sentencing stage |
|
|
Term
| Name and describe the two types of appeals |
|
Definition
Automatic- granted to the defendant by law
Discretionary- filed on countless occasions, but it is up to the reviewing court to decide whether it wants to hear the appeal |
|
|
Term
| A petition for _____ _____ means that the petitioner believes he or she is being held unconstitutionally |
|
Definition
|
|
Term
| What is meant when our criminal justice system is referred to as a "wedding cake?" |
|
Definition
| There are several layered systems that function simultaneously in criminal justice. The big bottom layer is composed of the vast majority of criminal cases, the misdemeanors. In the middle are routine felony cases. The top layer consists of a much smaller number of especially serious crimes and crimes committed by highly visible people |
|
|
Term
| Gottfredson and Gottfredson argued that the middle layer of the criminal justice wedding cake is actually two layers. Describe them. |
|
Definition
-Serious crimes committed by repeat offenders and crimes against strangers
-Other felonies |
|
|
Term
| What are two informal methods of dispute resolution? |
|
Definition
Mediation- bringing a neutral third party and the parties to a dispute together to resolve the matter
Binding arbitration- parties to the dispute agree to abide by the neutral party’s decision, which cannot be appealed |
|
|
Term
|
Definition
| The judicial practice of looking to the past for pertinent decisions and deferring to them |
|
|
Term
| Describe the Crime Control model. |
|
Definition
The Crime control model views the suppression of criminal conduct as the most important function of the criminal justice system.
Suspects who are probably innocent are screened out early in the process by police and prosecutors; those who are probably guilty are moved quickly through the remaining stages in the process and are convicted as expeditiously as possible |
|
|
Term
| Name an issue with using the Crime Control model |
|
Definition
| Presumption of guilt: defendants who are not screened out early in the process by police and prosecutors are probably guilty and therefore can be passed quickly through the remaining stages in the process |
|
|
Term
| Describe the Due Process model |
|
Definition
The due process model sees the process as an obstacle court
Each stage in the model is designed to throw up hurdles to carrying the case from one stage to the next |
|
|
Term
| What is the difference between factual and legal guilt? |
|
Definition
Factual guilt: The evidence shows that there is a high probability that the defendant committed the crime of which he/she is accused
Legal guilt: The process by which determinations of guilt are made |
|
|
Term
|
Definition
| A medieval doctrine that permitted the state to take away the rights of the natural parent and to act as the parent or guardian of a child if his or her welfare were at risk |
|
|
Term
| The philosophy of the juvenile justice system rests on ___________. |
|
Definition
|
|
Term
| What are some differences between the adult and juvenile courts? |
|
Definition
-Juvenile is less formal and more discretionary (not open to the public)
-Majority of offenders given probation in juvenile courts |
|
|
Term
| The United States uses an _______ trial system. Describe it. |
|
Definition
Adversarial. The Anglo American adversarial system pits two parties against each other in the pursuit of truth.
The prosecutor must demonstrate beyond a reasonable doubt that the defendant committed the crime. The defense argues for the suspect's innocence. The judge is a neutral arbitrator. |
|
|
Term
| Another type of trial system is the _________ system. Describe it. |
|
Definition
Inquisitorial. The parties to the case provide all of the relevant evidence to the court, and the judge, calls and examines witnesses
The goal of the judge is to determine the truth
If the judge determines that there is sufficient evidence against the defendant, the case is referred to a court for trial |
|
|
Term
| How does the Cour d'Assises system work? |
|
Definition
The Cour d’Assises relies on jurors
The jury consists of 9 lay jurors and 3 professional judges who deliberate and vote together
A majority of 8 is necessary to convict |
|
|
Term
| Are prosecutors and defense lawyers mortal enemies? |
|
Definition
| No, they usually cooperate with common goals in mind. |
|
|
Term
| What are some powers the prosecutor has? |
|
Definition
-Who will be charged
-What charge will be filed
-Who will be offered a plea bargain
-The type of bargain that will be offered
-May also recommend the sentence the offender should receive |
|
|
Term
| Give two reasons why a prosecutor may decide not to charge someone. |
|
Definition
-The prosecutor believes that the suspect is not guilty of the crime with which he or she is charged
-The prosecutor believes that the suspect is guilty but doesn’t believe a conviction is possible |
|
|
Term
| What are the four types of procedural policies a prosecutor's office may use? |
|
Definition
1-Legal sufficiency policy
2-Trial sufficiency policy
3-System efficiency policy
4-Defendant rehabilitation policy |
|
|
Term
| Name a few factors that can influence a prosecutor's decision to charge |
|
Definition
-How likely a conviction would be
-Limited resources
-Victim characteristics
-The relationship of the suspect to the victim |
|
|
Term
| Describe the focal concerns perspective of judicial decision making |
|
Definition
| Judges’ sentencing decisions reflect their assessment of the blameworthiness or culpability of the offender, their desire to protect the community by incapacitating dangerous offenders or deterring potential offenders, and their concerns about the practical consequences or social costs of sentencing decisions |
|
|
Term
| What is community prosecution? |
|
Definition
| Targeting low-level offenses like vagrancy or public drunkenness in order to keep the community from degrading (based on broken windows theory) |
|
|
Term
| What are the three methods of providing counsel to indignant defendants? |
|
Definition
-Public Defender
-The assigned counsel system
-Contract system |
|
|
Term
| In Strickland v. Washington, it was ruled that in order to prove your counsel was ineffective, you had to show what three things? |
|
Definition
1- That counsel’s performance was deficient
2- That the deficient performance prejudiced the defense
3- That the counsel’s representation fell below an objective standard of reasonableness |
|
|
Term
| According to the reading, "Indignent Defenders Get the Job Done and Done Well," Hanson and Ostrom hold that public defenders are just as, worse, or better than private attorneys? |
|
Definition
| They hold that public defenders do just as well |
|
|
Term
| In the reading, "Representing the Accused," what was revealed about the opinions of lawyers and the clients they chose? |
|
Definition
| That the opinions of clients lawyers chose were similar to their own |
|
|
Term
| Does the reading "Representing the Accused" suggest that lawyers from large communities "monopolize" criminal cases? |
|
Definition
|
|
Term
| According to "Prosecutorial Discretion in Seeking Death," is there a racial disparity in pretrial decisions in capital cases? What cases are more likely to be charged with 1st degree murder? |
|
Definition
Yes, and when controlling for legally relevant considerations suggested the disparity was discriminatory.
Cases where a black person killed a white person. |
|
|
Term
| In the reading about sexual assault case rejections, was there evidence that prosecutors were using assumptions about relationships and gender to reject cases? When is a prosecutor more likely to charge? |
|
Definition
Yes, but not all the assumptions were about the victims character or reputation. Often the cases were rejected because charges were dropped or the victim refused to testify.
When the charge is "serious," the victim shows physical harm, and when there is strong evidence. |
|
|
Term
| As stated in "Violated Trust," why are prosecutors likely to engage in professional misconduct? |
|
Definition
| Because of the trust the public has in them and their desire for success. |
|
|
Term
| In "Wrongful Conviction," it was found that the perception of wrongful convictions in the US has ________ over the last 20 years. What factors can contribute to wrongful conviction? |
|
Definition
Increased.
Eyewitness error, faulty science, and presumption of guilt. |
|
|
Term
| Is the Rehnquist court more likely to support an individual or the government in constitutional cases? Is this true across the board for all cases? |
|
Definition
|
|
Term
| In "The Honest Politician's Guide..." what does the author suggest we do in regards to juvenile adjudication? |
|
Definition
| Integrate the juvenile court system into the adult system while using an age-culpability standard. This avoids a "punishment gap" that exists if a person is charged with the same crime as a juvenile and as an adult and allows for proportionality for youths being tried as adults. |
|
|
Term
| According to "The Process is the Punishment," what is the true punishment imposed on people charged with minor offenses? |
|
Definition
| The time they spend waiting in court to be called in front of a judge, trying to get an attorney, and pretrial detention |
|
|
