Criminal Justice Exam 3

What is Judicial Review?

Allows higher courts to review decisions of other courts and other branches of the government. (Checks and balances)

What is Judicial Activism?

When courts deviate from the literal meaning of the constitution to adhere to specific/current circumstances

What is General Jurisdiction?

The court’s authority to hear severe felony and criminal cases.

What is limited jurisdiction?

The court’s authority to hear misdemeanor and low level felony cases.

What is an indictment?

A formal accusation of crimes committed presented by a grand jury.

What is an information?

A formal accusation of crimes committed presented by a prosecutor.

What is a dual court system?

The decision of the U.S judiciary branch in two separate systems, state and federal court.

What do the federal courts handle?

They handle cases involving federal laws, the constitution, or disputes between states.

What do the state courts handle?

Cases involving state laws and local matters.

What is the highest court?

The U.S. Supreme Court

What are specialized courts for?

“Problem solving”, they address specific cases.

What does the Missouri Plan to?

It attempts to eliminate politics from the judge selection process.

We follow what model in a what system?

Advocacy; adversarial

What is the advocacy model that we follow?

Both sides are represented by advocates.

What is an adversarial system?

Advocates on each side compete to reveal the truth.

What is the prosecution?

The side that represents the victim (government or people), they advocate for accuracy.

What is prosecutorial discretion?

The who, what, when to drop charges, whether to engage a plea bargain, who faces life or death.

What is discovery?

When the prosecutors are expected to provide defense w/ ALL evidence.

What is exculpatory evidence?

Evidence that may be favorable towards the defendant (prosecution still has to give it up)

What is a defense attorney?

A lawyer who advocates for their client and their constitutional rights.

What is a preliminary hearing?

A court proceeding to determine if there is enough evidence to believe a crime was committed and that the accused committed it.

What is an arraignment?

first court appearance in a CRIMINAL case where defendants are read charges and asked to enter plea.

What is a plea bargain?

A negotiation between the defense and prosecution where the defendant pleads guilty or nolo contendere in return for reduced charges or a lighter sentence.

What is a motion to suppress?

A request made by a defense attorney to exclude illegally obtained evidence from a criminal trial.

What is a motion in limine?

A request to evaluate the validity and acceptability (addmissibility) of evidence.

What is a motion for change of venue?

A request for a geological change.

What is a motion for discovery?

A mandate for prosecution to provide the defense w/ evidence?

What is a motion for recusal?

Request for removal of a trial judge or prosecutor.

What is a motion for expenses of experts?

A request for the state to pay for expenses related to experts (witnesses or something else).

What is a petit jury?

They decide legal guilt or innocence and pronounce a verdict.

What is a grand jury?

They hear evidence in criminal cases to determine probable cause to issue an indictment.

They DO NOT determine guilt or innocence.

Decides if the case should proceed to trial.

What are criminal trials?

Trials to ascertain the guilt or lack of guilt of defendants charged with a crime.

What is a civil trial?

Trials that settle disputes between 2 noncriminal parties.

What does adjudicate mean?

To make an official decision about who is right.

What is a bench trail?

The judge acts as a fact finder, cases are adjudicated by judge.

What is the first stage of a criminal case trial?

Opening statements are presented

-a lawyer presents the FACTS of their case (no evidence) and provides a roadmap for what the evidence will show.

-they also walk the jury through what transpired during the crime.

What are the federal rules of evidence?

A guide to what constitutes as evidence and what can be presented at trial

What is direct evidence?

Does not require an inference to be drawn by the fact finding body

What is circumstantial evidence?

Evidence that needs to be interpreted to draw conclusions about its meaning.

What is the Hearsay rule?

A statement made out of court that a witness tries to introduce in court to prove something is true.

Relies on the credibility of someone who is not testifying and cannot be cross-examined.

What are exceptions to the hearsay rule?

Dying declaration

Excited utterance

Reputation concerning character

What are closing arguments?

An opportunity for the prosecution and defense to summarize the evidence of the case and their arguments to the jury.

What is the second stage of a criminal case trial?

Present evidence

What is the third stage of a criminal case trial?

The presentation of closing arguments.

What is the fourth stage of a criminal case trial?

Judges instruct the jury on the law they must follow in reaching their verdict.

What is the fifth stage of a criminal case trial?

Jury deliberation

How does jury deliberation work?

-removed from the court room to second location

-foreperson is appointed

-the jury deliberates

-they reach a verdict

What is a hung jury?

When the jury is unable to reach an agreement, also called a deadlocked jury.

What is an Allen charge?

Additional instructions given by the judge to discourage a mistrial.

What is an aquittal?

A not guilty verdict.

What is jury nullification?

Allows the jury to disregard the law and acquit a guilty defendant.

What is stage six of the criminal case trial?

Reading of the verdict, it follows a script.

Once read, the judge dismisses the jury.

What is stage seven of a criminal case trial?

Sentencing

Either occurs immediately or at a later date.

What is a pre-sentence investigation?

Involves the gathering of information on extenuating circumstances related to the crime, and criminal history of the defendant.

What are the primary goals of sentencing?

Retribution

Incapacitation

Deterrence

Rehabilitation

Restoration

What is indeterminate sentencing?

A system that allows for greater judicial discretion when setting a range of time for a prison sentence.

What is structured sentencing?

A sentence with a fixed term and release date.

What is the three-strike law?

Requires long sentences for people convicted of a third felony.

What does it mean for a juror to be death qualified?

They are willing to sentence someone to death.

What are bifurcated trials?

They are two separate trials that occur during capital cases where the death penalty is in play.

1- establishes guilt

2- determines the penalty

What is the victims of crime act of 1988?

Gives victims the right to have someone who assists them through funding, leadership, policies, and practices as their case/trial goes on.

What is the crime victim’s rights act of 2004?

It establishes numerous victim rights in federal cases.

May include the right for a victim to give a victim impact statement.

What is a victim impact statement?

A written or spoken testimony from a victim describing the physical, emotional, and financial effects of a crime.

The court uses this to understand the harm done to the victim and help determine the offender’s sentence.

What is recidivism?

The tendency of a convicted criminal to reoffend.

What is the burden of proof?

The legal obligation to present evidence to support a claim.

What is the 6th amendment?

Right to a speedy trial and impartial jury of peers.

What is the 8th amendment?

Prohibits excessive bail, fines, and cruel and unusual punishment.

What goes into appealing a case to the Supreme Court?

You must file a petition for a writ of certiorari, which asks the Court to review a lower court’s decision.

Granted in only a small number of cases.

How are Supreme Court justices appointed?

The president nominates them, then the Senate must confirm them. They are signed on for life or until they resign.

What does “en banc” mean?

When a case is heard by all 9 Supreme Court justices.

Memorable Supreme Court justice appointments?

Thurgood Marshall - First African American

Sandra Day O’Connor - First Female

What is a venire?

A list of potential jurors that the jury is selected from.

What is a challenge to the array?

A challenge that indicates that the venire should be discharged.

What is a challenge for cause?

A challenge filed when it is believed that a juror is unable to be unbiased, fair, or impartial.

What is a peremptory challenge?

A challenge filed when an attorney wants to remove a juror from the jury pool. no legal reason has to be given.

What did the Civil Rights Act of 1875 do?

It federally prohibited racial exclusion from jury selection.

What is bail?

Amount of money or property paid to the court to guarantee a defendant’s appearance at future court dates allowing them to be released from custody before their trial.

Its guaranteed that your money or property will be returned after you appear in court.

-money or property is returned after trial, minus any fees.

What is bond?

the method of using a third party to be able to make bail, with the defendant or their family typically paying a fee (often 10%) to the bondsman.