Crim 100 Exam 3 Study Guide

What are the three levels of the federal court system?

U.S. District Courts > U.S Courts of Appeals > U.S. Supreme Court

Which federal court has original jurisdiction?

U.S. District Courts

What is the main role of the U.S. Courts of Appeals?

To review trial court decisions for legal error, not retry cases.

What power allows the Supreme Court to choose which cases to hear?

Writ of certiorari

What types of cases are handled in courts of limited jurisdiction?

Misdemeanors, traffic cases, small claims

What types of cases are heard in court of general jurisdiction?

Felonies, major civil cases, family law, and large monetary disputes

What is the highest court in the state called?

Court of Last Resort (usually the State Supreme Court)

What is the first court appearance after arrest called?

First appearance or initial appearance

What happens at the first appearance?

The defendant is informed of charges and bail is set

What are the main steps in the criminal process after arrest?

First appearance > charging decision > arraignment > discovery > motions > plea bargaining > trial > sentencing > appeal

Charging decision

The prosecutor decides whether to formally file criminal charges and what specific charges to bring

Arraignment

The defendant is formally read the charges and enters a plea (guilty, not guilt, or no contest)

Discovery

The process in which the prosecution and defense exchange evidence and information before the trial

Pre-Trial Motions

To resolve legal issues before trial, such as suppressing evidence or dismissing charges

Plea bargaining

Negotiation between the prosecution and defense in which the defendant may plead guilty in exchange for a reduced charge or sentence

Trial

Determined the defendant’s guilt or innocence through presentation of evidence and arguments before a judge or jury

Sentencing

The judge imposes a punishment on a defendant who has been found guilty or has plead guilt

Appeal

A request for a higher court to review the trial court’s decision for legal error

Which amendment protects against excessive bail?

The 8th amendment

What does “excessive bail” mean legally?

Bail higher than necessary to ensure the defendant appears in court

What is bail?

The amount of money or conditions set by the court for release

What is bond?

The method used to pay or guarantee bail, often through a bail bondsman

What is full cash bail?

The defendant pays the entire bail amount in cash to be released

What is Release on Own Recognizance (ROR)?

The defendant is released without paying money based on a promise to appear in court

What is an unsecured bond?

The defendant promises to pay bail only if they fail to appear in court

What is conditional release?

Release with requirements such as supervision, curfews, or treatment programs

What is the main goal of bail reform?

To base pretrial detention on risk rather than ability to pay

Why is the cash bail system criticized as unfair?

Poor defendants may remain jailed while wealthier defendants go free

What is one public safety concern about bail reform?

Potential release of dangerous offenders before trial

What percentage of criminal cases end in plea bargains?

About 90-95%

What is a major advantage of plea bargaining?

It reduces court costs and speeds up case resolution

What is a major disadvantage of plea baragining?

Innocent defendant may plead guilt to avoid harsher punishment

What does “voir dire” mean?

“To speak the truth”; it is the process of questioning jurors to detect bias

What is a challenge for cause?

Removing a juror due to bias or inability to follow the law.

What is a peremptory challenge?

Removing a juror without stating a reason, but not based on race or gender

Retribution

Punishment because the offender deserves it

General deterrence

Punishing one person to discourage others from committing crimes

Specific deterrence

Punishing an offender to prevent them from committing future crimes

Incapacitation

Preventing crime by physically restraining offenders through imprisonment

Rehabilitation

Reforming the offender to prevent future criminal behavior

Concurrent Sentences

Multiple sentences served at the same time

Consecutive sentence

Multiple sentences served one after another

Three-strikes law

A law that imposes harsher sentence, often life imprisonment, after a third felony conviction

What is a major criticism of three-strike laws?

They can result in extremely long sentences for relatively minor third offenses

What is the purpose of truth-in-sentencing laws?

To ensure offenders serve most of their sentence before release

What percentage of a sentence must typically be served under truth-in-sentencing laws?

About 85%

What is a mandatory minimum sentence?

A legally required minimum punishment that judges cannot go below

What is a major criticism of mandatory minimums?

They remove judicial discretion and can lead to unfairly harsh sentences