CJ Court

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True or False:

Three main components of criminal justice system are the police, the courts and corrections.

True

True or False

Law is both procedural and substantive. Procedural law creates legal obligations. Substantive law establishes the methods of enforcing legal obligations

False

True or False

The Anglo-American Legal system has as its guiding principle that a battle between two opposing parties will uncover more of the truth than would a single official, no matter how industrious and well-meaning. This is referred to as the adversary system

True

true or false

In a criminal case, a prosecutor must prove the defendant guilt by a PREPONDERANCE of the evidence

False

Its without a reasonable doubt

True or False

American System of Law traces it's origins to the common law that first appeared in medieval England

True

True or false

U.S District Court Judges are nominated by the President confirmed by the Senate and serve for 10 yr terms

False

True or False

The Trial Court or Court of Original Jurisdiction in PA is referred to as the Commonwealth Court

False

Its referred to as the Court of Common Pleas

True or False

A key characteristic of the American Prosecutor is broad discretion

True

True or False

The Solicitor General's principle task is to represent the legislative branch before the Supreme Court

False

Its the excutive branch

True or False

U.S Attorneys are appointed by and serve at the discretion of the President of the United States

True

True or False

Pennsylvania Rule of Professional Conduct 3.8 permits a prosecutor to seek from an unrepresented accused a waiver of important pretrial rights, such as the right to a preliminary hearing

False

Pennsylvania Rule of Professional Conduct 3.8 forbids the prosecutor

PA's two intermediate courts

1: Superior Court
2: Common Wealth

Steps of a Criminal Case

1:Crime
2:Arrest
3: Initial Appearance, this is where bail is set
4: Preliminary hearing, at this stage the prosecutor must prove there is PROBABLE CAUSE or PRIMA FACIA.
5: Pretrial Process, parties exchange information
6: Trial, the prosecutor must prove the defendants guilty BEYOND REASONABLE GUILTY (this is referred to as prosecutor's burden of proof)
7a: If the defendant is convinced he or she faces SEntencing
8:After sentencing the defendant can file an APPEAL

The Sources of Law

1: Judge made law (KEY characteristic of the common law)
The second characteristic of common law is the use of PRECEDENT

2: another source of law is Consitution

Precedent

This is the second characteristic of common law

This requires the judge to decide a case by applying the rule of law found in previous cases

Exerdiction

involves the surrender by one state

Original Jurisdiction

Means that a court has the authority to try a case and decide it

Appeallete Jurisdiction

means that the court has the power to review cases that have already been decided by another court

Discretions

The lawful ability of an agent of government to exrecise choice in making a decision

Ethics

Lawyers suffer from a negative public image, which is one reason the legal profession places considerable emphasis

Pennsylvania Rule of Professional Conduct 3.8

Indicates that a prosecutor in a criminal case shall refrain from pprosecuting a charge that the prosecutor knows is not supported by PROBABLE CAUSE

Indigents

Defendants who are too poor to pay a lawyer and therefore are entitled to a lawyer for free

Statements made by a client to his or her attorney are consider ______ communications

Privilege

Merrit Selection

Method involves the establishment of a judicial nominating commission composed of lawyers and lay persons who suggest a list of qualified nominees to the Governor. The Chief Executive of the State then makes the final decision but is limited to choosing from those nominated by the Commission

6th Amendment guarantee

Affective assistance of an attorney

Judiciary Act of 1789

The act which was a major victory for the federalists and laid the foundation for our current national judicial system by creating separate federal district courts

The US Congress has created how many US District Courts?

94

The United States Supreme Court is comprised of on Chief Justice and how many associate justices?

8

The United States Supreme Court hears approximately how many cases a year?

80

Which of the following duties is a U.S Magistrate Judge not authorized to do?

a. Conduct preliminary hearing
b. Appoint counsel for indegents
C. ISsue search warrants
D. Decide Prisoner petitions

D. Decide Prisoner petitions

County Trial judges in PA are referred to as Judges of the _____

Court of Common Pleas

Court of Common Pleas Judges in PA are selected for their position for a ten year term by way of ______

By an election

Appellate Judges of the Superior, Commonwealth, and SUpreme Court in PA serve ten year terms and are selcted by way of _____________

by an election

Gideon v Wainwright

Principle if you couldn't afford a lawyer one will be appointed to
This brought about the public defender because ideon argued that since he didn't have proper representation there was a problem with the trial. This allowed indigents the right to a defender even if they cant afford one

Crime Control Model

Focuses more on protecting the public

Due Process Model

Focus more on the individual's rights

Assembly-line justice

Individuals went through with fast speed and impersonality to treated as objects

Pro Se

To represent oneself or "to he or she their own" This emans that the defendent can represtn themselves in court if they so wish

CSI Effect

The Jury are effect by the science and technology evidence. This means they look for more information that is scientifically proven

Reasons not to arrest someone

1: Not enough evidence
2: Discretion
3:Not all crimes are reported

Uniformed Crime Reporting (UCR) downside

That a major downside of this is that it does not include crimes that are not reported

County of Riverside v. McLaughlin

warrantless arrests were unconstitutional and ruled that suspects who are arrested without a warrant must be given probable cause hearings within 48 hours

What is a Grand Jury

Shield ( cause it protects the citizens from prosecutor to provide evidence) and Sword (using the powers)

Indictment

Its called a true bill

Fruit of the poisonous tree

Poison: Evidence directly obtained as a result of a constitutional violation
Fruit: Derivative evidence because of knowledge gained from the first illegal search

Miranda v Arizona

Was Not advised of constitutional rights before being interrogated. The Court deemed that it was unconstitutional

The Fourth Amendment

Reasonableness clause
Search
Seizure
Warrants clause
Freedom from “unreasonable search and seizure”
Stop and Frisk

Terry v Ohio

If the circumstance calls for it then you are eligible for being frisked down

Forms of warrantless searches

1. Consent
2. Plain view
3. Incident to a lawful arrest
4. Inventory Search
5. Exigent Circumstances

Three types of Plea Bargaining

Charge Bargaining, Count Bargaining, and sentencing bargaining

Charge Bargaining

Defendant pleads guilty in return for a less serious charge

Count Bargaining

Defendant pleads to some of the original counts charred and prosecutor dismisses the rest

Sentencing Bargaining

Defendant pleads to the original charge in exchange for a promise of leniency in sentencing

Petit jury

(Also known as Trial jury) decides whether the defendant committed the crime as charged in a criminal case, or whether the defendant injured the plaintiff in a civil case.

Master Jury List

Voter Registration list:
Advantages
Readily available, frequently updated, and collected in districts within

Disadvantages
Exclude poor, young, minorities, and less educated

Venire

This is the jury pool and this is has been compiled by the court

Batson v Kentucky

In a 7–2 decision, the Court held that, while a defendant is not entitled to have a jury completely or partially composed of people of his own RACE, the state is not permitted to use its peremptory challenges to automatically exclude potential members of the jury because of their race.

Can't strike a jury based on RACE

Jeb Petitioner v Alabama

Determined that can't strike a juror based on GENDER

Direct Evidence

Eyewitness evidence

Circumstantial Evidence

Indirect evidence

Types of Evidence

Testimony
Real evidence
Scientific Evidence
Demonstrative Evidence

Real Evidence

Objects of any kinds

Burden of Proof

Burden of production
Burden of persuasion
Reasonable doubt

Burden of Production

Evidence must be proven

Burden of Persuasion

Prove to the jury that the production of evidence is correct and that the defendant is correct

Indirect Evidence

EX: Leave class and it;s not raining but you can see rain on the road

So evidence that can be inferred

Demonstrative Evidence

Somebody does a video depicting how the accident/crime of how it was done

5 philosophical principles

1: Retribution
2: Deterrence
3: Rehabilitation
4: Incapacitation
5: Restoration

Retribution

Hold individuals responsible for their actions
Eye for an eye, tooth for a tooth

Deterrence

Prevention of future crime

Rehavilitation

Treat rather than punish

Incapacitation

Assumes crime prevention
Future-oriented
Focus on the personal characteristics of the offender

Restoration

Seeks to replace retribution

Crime is a conflict between individuals

Crime is secondarily a violation of government laws

Principle aim of the criminal justice system should repair these injuries

Indeterminate sentence

Get a range of sentencing options, its not specific
(EX: sentence of 2-5 yrs)

{A indeterminate sentence system)

Determinate sentence

Sentence to a specific term (Ex: you are sentence to 4 yrs then ur sentence for your 4 yrs)

Sentencing options (Judical)

Rehabilitative Model
Due Process Model
Crime Control Model

Rehabilitative Model

Wide Discretion

Due Process Model

Discretion = Inequity

Crime Control Model

Discretion = Leniency

Parole

Period of conditional supervised release in the community following a term of imprisonment in county, state, or federal prison

Probation

A court-ordered period of correctional supervision to be served in the community, generally in lieu of incarceration

Furman v Georgia

All existing death penalty laws invalid
Bifurcated trial

Greg v Georgia

Death penalty laws not always unconstitutional
Mandatory death penalty laws struck down
Bifurcated process required

Bifurcated Trial

Trial that is conducted in two stages

Charging Documents

Complaint
Information
Arrest warrant
Indictment